MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 September 2002                  
	DOCKET NUMBER:   AR2002073446

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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 his $6,000.00 enlistment bonus, plus interest.  He also requests compensation for clothes that were never returned to him.

APPLICANT STATES:  He was never given his bonus, and he is entitled to receive it.  As for his clothes, they were never given back to him and nobody called or wrote him or his family about how to get his clothing back.

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

He enlisted in the Regular Army for 4 years on 26 May 1998.  In conjunction with his enlistment he executed a $6,000.00 cash bonus addendum.

On 2 June 1999, the applicant departed his unit and his duty status was changed to absent without leave (AWOL) and he was later dropped from the rolls of the Army as a deserter.  He was returned to military control on 22 December 1999.

He was placed on excess leave (creditable for all purposes except pay and allowances) on 30 December 1999 and was discharged, at his own request, in lieu of trial by court-martial, on 10 May 2000.  His separation document shows that he was not awarded a military occupational specialty (MOS), and that his service was characterized as under other than honorable conditions.

Army Regulation 601-210, paragraph 5-99, Regular Army and Army Reserve Enlistment Program, states that a soldier who, through his or her own fault (voluntarily or because of misconduct), fails to complete MOS qualifications, will not be paid his or her enlistment bonus.

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

1.  Since the applicant was never awarded an MOS, he was not entitled to a bonus.

2.  As for the applicant’s clothing, he has not submitted any evidence to show that he abandoned clothing when he deserted.

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

___rjw___  ___kyf___  __rvo___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073446	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.