MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000                   
	DOCKET NUMBER:   AR2000044066

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be paid the enlistment bonus for which he enlisted.

APPLICANT STATES:  That his contract promised he would receive a $2,000 bonus after completing advanced individual training (AIT) .

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior service in the Army National Guard, he enlisted in the Regular Army on 31 January 1997 for 3 years.  He enlisted for training in career management field 11 (Infantry) and for the Army Cash Bonus Enlistment Option for a bonus amount of $2,000.  Statement of Understanding United States Army Incentive Enlistment Program, DA Form 3286-66, stated that he would lose entitlement to the incentive if he failed to successfully complete training and receive the military occupational specialty (MOS) for which he enlisted.  It further stated that he must stay qualified in his incentive MOS for the duration of his initial enlistment unless otherwise directed by Headquarters, Department of the Army.

The applicant completed basic training and AIT and was awarded MOS 11B (Infantryman).

On 7 January 1999, court-martial charges were preferred against the applicant for being absent without leave (AWOL) for the period 10 September 1998 through on or about 5 January 1999.

On 7 January 1999, the applicant requested discharge in lieu of trial by court-martial.  His request was approved and on 14 June 1999 he was discharged, with a discharge under other than honorable conditions, after completing 2 years and 17 days of creditable service with 117 days of lost time.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s enlistment contract provided several conditions that must have been met in order for him to be entitled to the enlistment bonus.  It provided that he would be entitled to the incentive if he successfully completed training and received the MOS for which he enlisted.  He met this condition.  However, it also provided that he must stay qualified in his incentive MOS for the duration of his initial enlistment.  He did not meet this condition as he was discharged early in lieu of trial by court-martial.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jdm___  __cjs___  __jed___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044066	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.