MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            17 September 2002                  
	DOCKET NUMBER:   AR2002073451

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr. 		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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 recoupment of his enlistment bonus for an overall indebtedness of $152.63 be cancelled.

APPLICANT STATES: That the initial enlistment contract signed makes no note of having to pay a recoupment of the bonus if the SM (service member) separates prior to the original ETS (expiration term of service) date.  He provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 21 October 2001, his DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), and a Separations Worksheet, which shows a bonus recoupment of $646.40.

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

On 6 August 1997, the applicant enlisted in the Army Reserve Delayed Enlistment Program (DEP), in pay grade E-3, with the understanding that he would enlist in the Regular Army (RA) for 5 years.  At that time, he contracted to enlist for training in military occupational specialty  (MOS) 74G (Telecommunications Computer Operator-Maintainer) with an enlistment cash bonus of $3,500.00.

On 21 July 1998, he enlisted in the RA, for 5 years.  He completed his required training and was awarded MOS 74G.

On 21 October 2001, he was honorably separated from active duty under Army Regulation 635-200, chapter 18, based on weight control failure.  His separation document indicates he had 3 years, 3 months and 1 day of creditable service.

The applicant’s Separation Worksheet shows he is indebted for a gross amount of $646.40 for bonus recoupment, and a net recoupment of $152.63 based on other entitlements and payments. 

Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), Chapter 9 (Special Pay – Enlistment and Reenlistment Bonus – Enlisted Members), Paragraph 090503 (Reasons for Recoupment) states for the purpose of recouping any unearned portions of enlistment, reenlistment, or retention bonuses, the term “who voluntarily or because of misconduct” includes (but is not limited to) members separated for several reasons, including “Overweight/obesity or lack of physical fitness.”

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.  The applicant is not entitled to the relief he has requested.
2.  The applicant enlisted for a period of 5 years; however, through his own neglect, he failed to complete the contracted period and therefore is not entitled to payment for service he did not perform.  He has not shown otherwise.

3.  The recoupment is correct and proper in accordance with Department of Defense Regulations.

4.  The Board also concluded that since the applicant’s enlistment contract required 5 years of active duty service with the $3,500.00 enlistment cash bonus, he did not fulfill his active duty contract, and his bonus was reduced accordingly ($2.40 a day for each day less than 5 years) for a total of $646.40, with a net recoupment of $152.63.

5.  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.

6.  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

_EJA____  _KAH___  _TBR____ DENY APPLICATION

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

INDEX

CASE ID	AR2002073451	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128	
2.		
3.		
4.		
5.		
6.