MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002072881

         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Ms. Barbara J. Lutz		Member
Mr. Thomas A. Pagan		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)

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APPLICANT REQUESTS: In effect, recoupment of his selective reenlistment bonus (SRB) and final pay for his unfulfilled enlistment contract and that he be reinstated to active duty in military occupational specialty (MOS) 55D.

APPLICANT STATES: That he was relieved of his duties in MOS 55D under the Personnel Reliability Program (PRP). At that time, his unit was not subject to PRP status. He also states that this incident occurred in December 1995 and the 87^th Explosive Ordnance Detachment (EOD), along with many other units, no longer were considered under the PRP. He was charged with financial irresponsibility.

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

He enlisted on 1 March 1988 as a light weapons infantryman (11B). He continued to serve until he was honorably discharged on 11 September 1991, in order to reenlist. He reenlisted on 12 September 1991 as an explosive ordnance specialist (55D) for a period of 6 years.

The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 12 September 1991, item 8 (Agreements) shows the entry ”CONUS TO CONUS Station of Choice Reenlistment Option (Presidio of San Francisco, CA) (C998) RCN: 804720 SRB, 2A, MOS 55D,
1^st Reenlistment, and Soldier elected 50 percent payment of SRB", which indicated that the applicant was entitled to 50 percent payment of his SRB.

The applicant's records contain a copy of DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus) which stated that he agreed to complete his period of service. It also stated that he was advised and understood that if he did not complete his full term of service, or if he did not remain technically qualified in MOS 55D, that he would not receive any more installments of his bonus. It further stated that he would have to pay back as much of the bonus as he has already received for the unexpired part of the period of obligated service.

Item 4 (Assignment considerations) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows the entry "Individual PRP Status Administratively Terminated 920422."

On 22 April 1992, a DA Form 3180-R (Personnel Screening and Evaluation Record) was prepared on the applicant administratively terminating him from the PRP.




On 11 April 1996, the applicant submitted a formal personnel actions request for release from active duty under the provisions of Army Regulation 635-200, chapter 5-3, Secretarial Plenary Authority. He requested a new expiration of term of service (ETS) of 15 May 1996.

The Group Commander recommended approval of the applicant's request to the Total Army Personnel Command (PERSCOM). He stated that the applicant had experienced financial difficulties and had otherwise served honorably. His financial problems did not appear to be easily remedied and threatened to require repeated future command involvement and that separation of the applicant was in the best interest of both the applicant and the US Army. He requested an ETS of May 1996 for the applicant.

The request was processed and approved by PERSCOM on 6 May 1996, for a separation date of 22 May 1996, with a character of service as honorable. PERSCOM indicated that the local finance office would take the necessary action to recoup any monies due to the US to include any reenlistment bonus.

The applicant was discharged on 30 June 1996, under the provisions of Army Regulation 635-200, paragraph 5-3, for Secretarial Authority. He was issued a Reentry (RE) Code of "RE 3".

The applicant's final pay voucher is unavailable for review by the Board which would show his total debt due to the US at the time of his discharge for the uncollected portion of his SRB.

Army Regulation 635-200 serves as the authority for the separation of enlisted personnel. Chapter 5 of that regulation provides for the authorization for separation for the convenience of the government. Except as delegated by this
regulation or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government will be at the Secretary’s discretion with issuance of an Honorable or General Discharge Certificate as determined by him.

Army Regulation 50-5 prescribes policies, and responsibilities for implementing the Army Nuclear Surety Program. Chapter 3 establishes the Army Personnel Reliability Program (PRP) and implements Department of Defense Directive (DODD) 5210.42. The PRP is designed to ensure the highest possible standards of individual reliability in personnel assigned to perform duties associated with nuclear weapons, nuclear components, and reactor facilities. The PRP applies to U.S. citizens who are active duty military personnel, DOD civil service employees, and civilian contractor personnel.



Paragraph 3-21 of the same regulation pertains to administrative termination of PRP status. It states, in pertinent part, that personnel in nuclear duty positions will be administratively terminated when permanently removed from nuclear duties within their unit under any condition other than permanent disqualification. That a date would be established for the individual removed from a nuclear duty position for reasons other than permanent disqualification and the requirement for continuing evaluation would be eliminated. Part VII of the DA Form 3180 will be completed with the original copy retained in the individual's military personnel records jacket (MPRJ).

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 5, Section XXIV, prescribes polices and instruction on administration of the Enlistment Bonus (EB) program. It states, in pertinent part, that the Enlistment Bonus is an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS. It also states that the objective of the bonus is to increase the number of enlistments in MOS’s that are critical and have inadequate first term manning levels.

Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army. This regulation prescribes the eligibility criteria and options currently available in the Army Reenlistment Program. Chapter 8 pertains to the Enlistment and Reenlistment Bonuses for Enlisted Personnel. Paragraph 8-1, states that the Enlistment Bonus (EB) program became effective 1 June 1972, that the Selective Reenlistment Bonus (SRB) program replaced the Regular Reenlistment Bonus (RRB) and that the Variable Reenlistment Bonus (VRB) program became effective 1 June 1974.

Paragraph 8-22, of Army Regulation 601-280 states in pertinent part, that a soldier who voluntarily, or because of misconduct, fails to complete obligated service for which an EB or SRB was paid will refund a percent of the EB or SRB equal to the percent of obligated service not performed. The servicing FAO will perform recoupment of the portion of the bonus before the soldier is discharged.

The Department of Defense Military Pay and Allowances Entitlements Manual outlines the legal requirements for the recoupment of unearned portions of enlistment bonuses. It states, in pertinent part, that recoupment of unearned portions of enlistment bonus and reenlistment bonuses (regular and selective) is required when a member voluntarily or because of misconduct does not complete the term of enlistment, reenlistment, extension of enlistment, or anniversary year for which the bonus was paid.


Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria,
policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of
Armed Forces RE codes, including RA RE codes.

RE-3 applies to persons not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.

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's DD Form 4/1 clearly shows that the applicant was entitled to an SRB and was entitled to 50 percent of the SRB at the time of his enlistment.

2. The evidence of record shows that he was fully aware of his bonus recoupment as indicated on his DA Form 4789. The evidence also shows that if he did not complete his full term of service or remain technically qualified in MOS 55D, that he would not receive any more installments of his bonus.

3. The applicant's PRP status was administratively terminated for reasons unknown and he requested release from active duty under the provisions of Army Regulation 635-200, paragraph 5-3. The Group Commander recommended approval of the applicant's request based on his financial irresponsibility. PERSCOM approved the applicant's separation and indicated that the local finance office would take the necessary action to recoup any monies due to the US to include any reenlistment bonus.

4. The Board notes that applicant's final pay voucher is unavailable for review.
Therefore, the Board must assume regularity that the finance office properly recouped the monies due to the US in accordance with applicable regulations in effect.

5. The board notes that the applicant requested that he be reinstated to active duty in MOS 55D. The applicant was issued an RE Code of "RE-3" which must be reviewed by reenlistment authorities. There is no basis for this Board to void his discharge or return him to active duty. Reenlistment authorities may waive his RE Code to allow enlistment in the Reserve Component.




6. 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.

7. 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

__kk___ __bl____ __tp______ DENY APPLICATION

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

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INDEX

CASE ID	AR2002072881
SUFFIX
RECON
DATE BOARDED	20021029
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19960630
DISCHARGE AUTHORITY	AR 635-200, 5-3
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	288
2.
3.
4.
5.
6.