IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005737 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military service records to show cancellation/remission of a debt for an enlistment bonus (EB), along with reinstatement and payment of the EB. 2. The applicant states that he was medically discharged and the Department of Veterans Affairs (VA) has granted him a combined service-connected rating of 100 percent (%). Consequently, he should be exempt from repaying the debt and authorized payment of the EB. 3. The applicant provides copies of his VA rating and Defense Finance and Accounting Service (DFAS) letters. CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 5 June 2006 for a period of 8 years and he further enlisted in the Regular Army (RA) on 26 June 2006 for a period of 6 years and 20 weeks. a. A DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program), Annex B, dated 26 June 2006, shows the associated options in connection with the applicant's enlistment. He enlisted for, in pertinent part, military occupational specialty (MOS) 92G (Food Service Operations) with a U.S. Army Cash Bonus for MOS 92G in the amount of $24,000. b. Paragraph 3 (Applicable To All Applicants Enlisting Under This Program) shows, in pertinent part, "I understand I am required to complete all training and [the] term of service associated with the MOS." 2. On 14 May 2007, the applicant's commander initiated action to discharge him from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5 (Separation for the Convenience of the Government), paragraph 5-13 (Personality Disorder). The applicant was informed of his rights and, in pertinent part, that recoupment of the unearned portion of his EB was required by law. 3. On 16 May 2007, the applicant consulted with counsel and was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights. a. He requested consulting counsel. b. He indicated that statements in his own behalf were not submitted. c. The applicant and his counsel placed their signatures on the document. 4. The chain of command recommended approval of the applicant's separation action with his service characterized as honorable. 5. The separation authority approved the recommendation for discharge of the applicant and directed he be issued an Honorable Discharge Certificate. 6. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 26 June 2006 and he was honorably discharged on 28 June 2007 under the provisions of Army Regulation 635-200, paragraph 5-13. He had completed 1 year, 0 months, and 3 days of net active service during this period. It also shows in: * item 11 (Primary Specialty): "None//Nothing Follows" * item 18 (Remarks), in pertinent part, "Member has not completed first full term of service" 7. In support of his request the applicant provides the following documents: a. A VA Regional Office letter dated 25 March 2015, written to the applicant shows the VA granted him a combined service-connected rating of 100% and a monthly award amount of $2,906.83. (It does not show the VA-rated service-connected conditions.) b. A DFAS, Indianapolis, IN, letter, dated 31 July 2015, to the applicant that shows his original debt was in the amount of $4,514.35; with $153.90 of interest, penalty, and administrative fees; and an adjustment in the amount of -$816.78. After collection of payments (totaling $3,861.00) there is a balance of -$14.02, which DFAS will not attempt to collect because it is below the threshold amount. 8. Title 38, United States Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition(s), although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. DISCUSSION AND CONCLUSIONS: 1. Records show the applicant enlisted in the RA on 26 June 2006 for a period of 6 years and 20 weeks with a U.S. Army Cash Bonus for MOS 92G in the amount of $24,000. a. The evidence of record shows that at the time of his enlistment the applicant acknowledged that he understood he was required to complete all training and the term of service associated with the contracted MOS. In addition, at the time the commander notified him of the action to discharge him from the service, he was informed that recoupment of the unearned portion of the EB was required by law. b. The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 5-13, was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights. c. He was discharged on 28 June 2007. At the time, he had completed only 1 year and 3 days of his 6-year and 20 week enlistment obligation. 2. In view of the foregoing, there is no basis for granting the applicant's request. 3. The evidence of record shows the VA granted the applicant a combined service-connected rating of 100% in March 2015; however, the service-connected conditions are not specified. In any event, the rating granted by the VA in March 2015 is not a basis for exempting the applicant from repaying the unearned portion of the EB he contracted for in June 2006 and/or authorizing payment of the EB that was recouped as a result of his discharge in June 2007. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150005737 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005737 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1