Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002073446C070403
Original file (2002073446C070403.rtf) Auto-classification: Denied
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.



Similar Decisions

  • ARMY | BCMR | CY2002 | 2002075340C070403

    Original file (2002075340C070403.rtf) Auto-classification: Denied

    APPLICANT STATES : He continued to pay his student loans since the Army failed to pay them as promised in his Loan Repayment Program (LRP) enlistment addendum. 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: While the applicant states that he attempted to get his loans paid under the LRP in a timely manner, he has not submitted any evidence showing...

  • ARMY | BCMR | CY2001 | 2001061836C070421

    Original file (2001061836C070421.rtf) Auto-classification: Approved

    The applicant requests in effect, that his military records be corrected to show that he is authorized an enlistment bonus of $14,000 plus interest. The Board agrees with the applicant that he made a contract in good faith with the government that he would enlist for 4 years in the Regular Army for training in MOS 88M with the understanding that the government would pay him bonuses totaling $14,000. That all of the Department of the Army records related to this case be corrected by showing...

  • ARMY | BCMR | CY2002 | 2002082708C070215

    Original file (2002082708C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. In the processing of this case, the staff of the Board contacted the Total Army Personnel Command (PERSCOM) to determine why a portion of the applicant’s student loans weren’t paid. The PERSCOM stated that it paid all of the loans that were submitted for payment.

  • ARMY | BCMR | CY2002 | 2002072598C070403

    Original file (2002072598C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. He also submits a memorandum from the State Adjutant General of Illinois, who recommends that the applicant be given his bonus since he was not voluntarily transferred between units or MOS’s, and his new unit and MOS are also approved for a bonus. Chapter 9 establishes policy and prescribes procedures for separating members for fraudulent enlistments, reenlistments and...

  • ARMY | BCMR | CY2002 | 2002071825C070403

    Original file (2002071825C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his 1998 3-year reenlistment bonus be reinstated, and that he be given a second 3-year reenlistment bonus. As for the applicant's request for a second reenlistment bonus, he has not submitted any reason why he was not given a bonus upon the completion of his 1998 three-year reenlistment.

  • ARMY | BCMR | CY2002 | 2002075781C070403

    Original file (2002075781C070403.rtf) Auto-classification: Denied

    APPLICANT STATES : That she was told by her recruiter that she would receive an enlistment bonus when she completed her initial entry training. In that form the applicant initialed the block which stated that a non-prior service bonus addendum was attached to her enlistment contract. Since the applicant was not entitled to a bonus and has not submitted any argument or evidence which would suggest she was falsely promised a bonus, there is no basis for granting her request.

  • ARMY | BCMR | CY2005 | 20050015078C070206

    Original file (20050015078C070206.doc) Auto-classification: Approved

    This document shows, in pertinent part, that for a 4-year enlistment in MOS 63A, a $2,000.00 Enlistment Bonus was authorized. The evidence of record shows that, upon enlistment in the U.S. Army in MOS 63A for a period of 4 years, the applicant was granted a $6,000.00 Enlistment Bonus, which exceeded (by $4,000.00) the $2,000.00 Enlistment Bonus authorized by the Enlistment Bonus Program Changes message cited in the applicant's enlistment contract. The evidence of record shows that the...

  • ARMY | BCMR | CY2007 | 20070000168

    Original file (20070000168.txt) Auto-classification: Approved

    A review of the bonus message in effect when the applicant enlisted shows the following: a $2,000.00 bonus was in effect for MOS 11X for a 3 year enlistment. AHRC recommended that the Board find in favor of the applicant's request for a total bonus payment of $6,000.00, the maximum bonus allowed for a 3 year enlistment on 12 March 2004. The evidence further shows that at the time of the applicant’s enlistment, there was no bonus available to the applicant under the College First Program,...

  • ARMY | BCMR | CY2002 | 2002078533C070215

    Original file (2002078533C070215.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2005 | 20050001278C070206

    Original file (20050001278C070206.TXT) Auto-classification: Approved

    The Cadet Command stated that voluntary enlisted service in the US Navy is not an authorized remedy for debt repayment under the terms of his ROTC contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the applicant’s ROTC scholarship contract to show that he would satisfy the service obligation component under the original terms of the SROTC contract in the Regular Navy; b. The portion of the ROTC debt...