RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040004474

      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be paid his $8000 enlistment bonus.

2.  The applicant states that he has reviewed the wording of his enlistment
contract and feels he is eligible for the bonus because his discharge was
involuntary.  He fulfilled every aspect of his contract necessary to
receive the bonus.

3.  The applicant provides DA Form 3286-66 (Statement of Understanding -
United States Army Incentive Enlistment Program).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for 4 years on 7 September
2000.  He enlisted for Option 9A, US Army Training Enlistment Program and
military occupational specialty (MOS) 19D (Cavalry Scout) and Option 9C,
the US Army Incentive Enlistment Program for a bonus of $8,000.00.

2.  Upon entry on active duty, the applicant was sent to the US Army Armor
Center and School, Fort Knox, Kentucky.  At Fort Knox, he was assigned to
the 5th Squadron, 15th Cavalry Regiment, 1st Armor Training Brigade for One
Station Unit Training (OSUT) in MOS 19D.  He had a projected follow-on
assignment with the 2nd Armored Cavalry Regiment, Fort Polk, Louisiana.

3.  Early in his basic training, the applicant was identified as having a
congenital retinal rod dysfunction which caused him to experience
nyctalopia (night blindness).  The applicant was reassigned 3 times within
the 15th Cavalry Regiment.  He initially served in Troop E from 14
September 2000, then Troop A from 6 December 2000, and finally Troop B from
12 February 2001 until his separation on 15 October 2001.

4.  The record is unclear as to whether the applicant actually completed
OSUT and was awarded his MOS.  His Enlisted Record Brief, dated 20 August
2001, shows that he was always carried as "Temporary Status Personnel" and,
although it shows his MOS as 19D10D3ZZ, it does not provide a date on which
the MOS was awarded.

5.  The applicant underwent physical disability evaluation processing at
Fort Knox because of his congenital retinal rod dysfunction.  A 6 September
2001 Physical Evaluation Board (PEB) found him unfit and recommended he be
separated by reason of physical disability existing prior to his entry on
active service (EPTS).  The applicant did not concur with the PEB
recommendation and a formal PEB was convened on 25 September 2001 at the US
Army Physical Disability Agency (USAPDA), Walter Reed Army Medical Center,
Washington, DC.  The formal PEB also found the applicant physically unfit
and recommended his separation without disability benefits.

6.  The applicant was separated on 15 October 2001.  His DD Form 214
(Certificate of Release or Discharge From Active Duty) shows that he served
1 year, 1 month, and 15 days.  It shows his MOS as 19D10D3 and that he held
the MOS for 5 months.  The discharge authority was Army Regulation (AR) 635-
40, paragraph 4-24b(4), "disability, existed prior to service, PEB."  He
was assigned a Reentry Code of RE-3 and a Separation Code of JFM.

7.  AR 601-210 (Regular Army and Army Reserve Enlistment Program)
establishes the policies and procedures for the enlistment of Soldiers.  It
outlines the eligibility criteria for various enlistment incentives and
entitlements, including enlistment bonuses under the U.S. Army Incentive
Enlistment Program.  The regulation in effect at the time stated, in
pertinent part,

      a.  Entitlement to an enlistment bonus is contingent on successful
completion of training and award of a designated MOS.

      b.  Soldiers who voluntarily, or because of misconduct, fail to
satisfactorily complete OSUT will be trained in another MOS.  They will
complete their term of enlistment based upon the needs of the Army, unless
they are separated for administrative or disciplinary reasons. In such
instances, the bonus will not be paid.

      c.  Soldiers who, through no fault of their own, fail to
satisfactorily complete OSUT in the MOS for which originally enlisted will
be given a chance for training in another MOS and be retrained in the Army,
or released from active duty if they so desire.  If retrained and the new
MOS is authorized an enlistment bonus, the Soldier will be entitled to
payment upon satisfactorily completing OSUT.  The dollar value will be
determined by the MOS for which trained.

      d.  Soldiers who become medically or otherwise disqualified for duty
in the MOS awarded and have been paid a bonus will be retrained, if
necessary, and used according to the needs of the Army.  Such Soldiers will
be required to complete their term of enlistment.  If such later
disqualification is either voluntary or because of misconduct on the part
of the Soldier, repayment of the unearned
portion of the bonus is required. If such later disqualification is neither
voluntary nor as a result of fault or misconduct on the part of the
soldier, repayment of any part of the bonus is not required.

8.  AR 601-210, then in effect, specified the method of payment of
enlistment bonuses.  It required that the first $5,000.00 would be paid
upon arrival at the Soldier's first duty station [after training].  The
remaining $3,000.00 would be paid in four equal $750.00 increments 3 months
apart.

9.  AR 635-40, paragraph 4-24b(4) provides for the separation of Soldiers
who have been processed via the Army's Physical Disability System, but who
are not entitled to severance pay, including those whose condition was
determined to have existed prior to their entry on active duty, providing
the condition was not aggravated by their military service.

DISCUSSION AND CONCLUSIONS:

1.  In order to have received a cash enlistment bonus, the applicant must
have completed his MOS training, been awarded his MOS (19D), and must have
reported to his first permanent duty station.

2.  The applicant's medical condition was discovered early in his initial
entry training.  The medical evaluation process was then begun which
ultimately led to his separation.

3.  The applicant's entire period of active military service was spent in
the 15th Cavalry Regiment, a training unit at Fort Knox.  It is unclear
whether the applicant actually underwent training in MOS 19D and was
awarded the MOS; there are no orders in his records awarding him an MOS.
It is clear, however, that he was never transferred to the 2nd Armored
Cavalry Regiment to serve his first permanent duty assignment.

4.  It is unfortunate the applicant entered on active duty with a
disqualifying medical condition.  However, that condition was properly
diagnosed and properly referred to the Army physical disability system for
evaluation.  This resulted in his release from active duty without ever
having served in a permanent duty assignment or performed duties associated
with an MOS.

5.  Although the applicant was released from active duty through no fault
of his own, it is apparent he did not qualify for payment of his enlistment
bonus.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jtm___  __ljo___  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.




                 William D. Powers
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004474                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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