MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 July 2001                   
	DOCKET NUMBER:   AR2001056611

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Eric N. Anderson		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:  In effect, that his debt for recoupment of his Selected Reenlistment Bonus (SRB) be waived.

APPLICANT STATES:  After he reenlisted his wife had to return home to Massachusetts.  She was being medically discharged for pregnancy.  He was unable to find a reserve unit there and was unable to be there with her.  He received no support and, as the doctor stated, he was in an emotionally and mentally disabled state of mind.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from alternate sources.

The applicant enlisted in the Regular Army on 3 September 1996.  He was honorably discharged on 30 June 1999 for the purpose of reenlisting on 1 July 1999, apparently for 5 years.  He received an SRB in the total amount of $17,852.40.

On 14 February 2000, a mental status evaluation diagnosed the applicant with Personality Disorder, not otherwise specified (borderline, anti-social, passive-aggressive traits).  The evaluating psychologist noted that although the applicant’s initial distress appeared to be directly related to his separation from his wife, further evaluation found him to have chronic feelings of insecurity and inferiority.  He was found to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  He was psychiatrically cleared for any action deemed appropriate by his command and to meet the psychiatric criteria for separation in accordance with Army Regulation 635-200, chapter 5-13.

On 9 March 2000, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 5-13, Personality Disorder.
On 10 March 2000, the applicant waived consulting counsel and acknowledged notification of the action.  He elected not to submit a statement in his own behalf. 

On 20 March 2000, the appropriate authority approved the recommendation and directed the applicant be discharged with an Honorable Discharge Certificate. 

On 30 March 2000, the applicant was discharged, with an honorable characterization of service, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 5-13, personality disorder.  He had completed         3 years, 6 months, and 8 days of creditable active service with no lost time.  He was discharged owing the Government $7,047.00 as a result of unearned SRB payments.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5-13, sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis or a doctoral-level clinical psychologist with the necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for Department of defense components.   

Army Regulation 601-280 prescribes criteria for the Total Army Retention Program.  In pertinent part it states that the SRB Program is a retention incentive aid to soldiers in certain selected military occupational specialties (MOSs) who reenlist for a minimum of 3 years.  The objective of the SRB Program is to increase the number of reenlistments in critical MOSs that do not have adequate retention levels to man the career force.  The total amount of the bonus is computed based upon the monthly basic pay times years, or fractions of a year, of additional obligated service times the SRB multiplier.  A soldier who voluntarily, or because of misconduct, fails to complete the obligated service for which an SRB was paid will refund a percent of the SRB equal to the percent of obligated service not performed.  The servicing finance office will perform the recoupment of the portion of the bonus before the soldier’s discharge.  The Defense Finance and Accounting Service will provide a current listing of separation program designator codes that may be recouped to all local finance offices.

The Department of Defense Financial Management Regulation, volume 7A, paragraph 090403 states that, for the purpose of recouping any unearned portions of an enlistment or reenlistment bonus, the term “who voluntarily or because of misconduct” includes (but is not limited to) soldiers separated for a number of listed reasons such as entry level performance and conduct and unsatisfactory performance.  It also includes reasons as directed by the Secretary of the Military Department concerned in individual cases including pregnancy, parenthood, and personality disorder (an administrative discharge).

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 was diagnosed with a personality disorder.  He was psychiatrically cleared for any action deemed appropriate by his command and to have met the psychiatric criteria for separation in accordance with Army Regulation 635-200, chapter 5-13.  His administrative separation for personality disorder was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. 

3.  Since the applicant was administratively discharged and not found to have any medical condition that required processing through the physical disability processing system, his SRB was appropriately recouped.  Since he did not fulfill the service obligation required to earn the full amount of the SRB, it would not be appropriate to cancel or waive this debt.  

4.  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

__rvo___  __hof___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056611	
SUFFIX		
RECON		
DATE BOARDED	20010726	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.