RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 October 2004
      DOCKET NUMBER:   AR20040008899


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla J. Troup                |     |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 his debt as a result of recoupment of his
Army National Guard (ARNG) enlistment bonus be cancelled.  He also requests
correction of his DD Form 214 (Certificate of Discharge or Release from
Active Duty) to show all his awards.

2.  The applicant states that he was paid a bonus for enlisting in the ARNG
and one for enlisting in the Regular Army.  He did not know that he was
only entitled to one bonus.  He was severely wounded in Iraq and placed on
the Temporary Disability Retired List (TDRL).  The indebtedness has now
placed him in dire financial straits.

3.  The applicant provides a chronology of events; a bonus recoupment
worksheet with attached "Bonus Administrative" document, Bonus Payment
History document, Bonus Termination and Suspension document, and Bonus
History (Army) document; his DD Form 214; a DA Form 2173 (Statement of
Medical Examination and Duty Status); his DA Form 2-1 (Personnel
Qualification Record); and his Enlisted Record Brief.

4.  The applicant also provides U. S. Army Human Resources Command (USAHRC)
Permanent Orders 287-28 dated 14 October 2003 awarding him the Purple Heart
with Purple Heart citation; Headquarters, Combined Joint Task Force Seven
Permanent Orders 298-026 dated 25 October 2003 awarding him the Purple
Heart with Purple Heart citation; his 30 March 2001 enlistment physical;
his SGLV 8286 (Servicemember's Group Life Insurance Election and
Certificate); his Regular Army enlistment contract; a DA Form 4187
(Personnel Action) dated 5 March 2002; and his separation orders.

CONSIDERATION OF EVIDENCE:

1.  On 30 March 2001, the applicant enlisted in the ARNG for 8 years for
training in military occupational specialty (MOS) 63B (Light Wheel Vehicle
Mechanic).  His NGB Form 600-7-1 (Annex E to DD Form 4 Enlistment Bonus
Addendum Army National Guard of the United States) shows he was eligible
for an $8,000 enlistment bonus as a result of meeting certain enlistment
criteria including enlisting for a critical MOS in a bonus unit.

2.  The applicant's NGB Form 600-7-1 stated that he would receive one-half
of the total authorized amount of the bonus after he became a secondary
school
graduate, completed initial active duty for training, and was awarded the
MOS for which he enlisted.  He would receive the remaining one-half of the
total authorized amount (less taxes) upon satisfactory completion of the
fourth anniversary of his enlistment.

3.  Section V of the NGB Form 600-7-1 listed the reasons the applicant
could be terminated from bonus eligibility, without or with recoupment.
Eight reasons for termination from bonus eligibility with recoupment were
listed.  Reason eight was "Separate from the ARNG for any reason unless due
to death, injury, illness, or other impairment not the result of own
misconduct."

4.  Section VI of the NGB Form 600-7-1 stated that recoupment would be
based upon multiplying the number of months served satisfactorily during
the term for which the incentive was authorized by the proportionate
monthly dollar amount.  That amount would be determined by dividing the
total authorized bonus amount by 72 months.  The amount of the bonus the
applicant would be entitled to keep would be subtracted from the total
bonus paid to date.  If calculations indicated an overpayment, that amount
would be recouped.  If calculations indicated that he had earned more than
he had received, he would be paid the difference less taxes in a final
installment.

5.  The applicant authenticated the NGB Form 600-7-1 in Section VII, on the
same page that reason eight for termination from bonus eligibility with
recoupment was listed.

6.  On 13 December 2001, the applicant requested enlistment into the
Regular Army.  His request was approved on 5 March 2002.  On 4 April 2002,
he was discharged from the ARNG of Alabama and as a Reserve of the Army.
On         5 April 2002, he enlisted in the Regular Army for 3 years for
station of choice and a $4,000 cash bonus for MOS 63B (prior service).

7.  On or about 17 June 2003, action was initiated to recoup the
applicant's ARNG bonus.  The Bonus Recoupment Worksheet provided by the
applicant shows that his bonus contract length was 72 months, he was paid a
$4,000 installment on his $8,000 bonus, and he was credited with 12 months
unit participation.  He had earned $1,333.33 and $2,666.67 was required to
be recouped.  He was notified of this debt on or about 6 August 2003.

8.  On 20 September 2003, while in Iraq, the applicant was injured during a
mortar attack.  He suffered multiple fragment wounds with a right
hemapneumothorax and upper and lower extremity wounds with vascular
compromise in the upper extremities.  There were left flank wounds as well.
 Surgical exploration led to a left nephrectomy and drainage of an injury
to the tail of his pancreas.

9.  On 20 September 2003, a Medical Evaluation Board (MEB) determined that
the applicant's death was imminent within 72 hours and referred him to a
Physical Evaluation Board (PEB).  On the same date, the PEB recommended he
be placed on the TDRL with a 100 percent disability rating.  On 20
September 2003, he was released from active duty and placed on the TDRL.
His DD Form 214 shows he was awarded the National Defense Service Medal and
the Army Service Ribbon.

10.  In October 2003, the applicant was awarded the Purple Heart.

11.  According to the Chronology of Events provided by the applicant, on
       16 March 2004 he agreed to a repayment plan for the ARNG enlistment
bonus debt of $50.00 [per month] effective 15 May 2004.  On 17 March 2004,
he requested his account be deleted from credit bureau reporting.  On 30
June 2004, a new repayment plan was established for $50.00 [per month]
effective   28 August 2004.

12.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness for
Enlisted Members) states that the Secretary of the Army may remit or cancel
a soldier's unpaid debts to the United States before or at the time of his
or her honorable discharge if such action is in the best interest of the
United States.

13.  Executive Order 13289 dated 12 March 2003 established the Global War
on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism
Service Medal (GWOTSM).  The GWOTEM is authorized to be awarded to soldiers
who deploy abroad in designated areas (to include Iraq) for service in
global war on terrorism operations on or after 11 September 2001 to a date
to be determined.  The GWOTSM is authorized to be awarded to soldiers who
have participated in or served in support of global war on terrorism
operations outside the designated area of eligibility for the GWOTEM.  All
soldiers on active duty    on or after 11 September 2001 to a date to be
determined having served           30 consecutive days or 60 nonconsecutive
days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he did not know he was only entitled to one
enlistment bonus; however, his ARNG enlistment contract was clear – he
could be terminated from bonus eligibility with recoupment if he separated
from the ARNG
for any reason unless due to death, injury, illness, or other impairment
not the result of own misconduct.

2.  The applicant separated from the ARNG on 4 April 2002 to enlist in the
Regular Army, a separation his ARNG enlistment contract clearly informed
him would require recoupment of his ARNG enlistment bonus on a prorated
basis.  The $2,666.67 debt is valid based on the terms of his contract.

3.  However, the circumstances surrounding the applicant's placement on the
TDRL have been carefully considered.  While his debt is valid and he should
have known he would have this debt when he enlisted in the Regular Army, as
an exception to policy his records should be corrected to show he requested
remission or cancellation of this debt prior to his separation and that his
request was approved.

4.  The applicant was awarded the Purple Heart after he was released from
active duty and placed on the TDRL.  He met the eligibility requirements
for award of the GWOTEM and the GWOTSM.  His DD Form 214 should be amended
to add the Purple Heart, the GWOTEM, and the GWOTSM.

BOARD VOTE:

__rjw___  __lf____  _mjt____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by:

     a.  showing he completed a request for remission or cancellation of
indebtedness, in the amount of $2,666.67 for his ARNG enlistment bonus
recoupment, and that his commander recommended approval of the request on
6 August 2003;

     b.  showing that the request was received and processed by the
appropriate office at the U. S. Army Human Resources Command and approved
for remission or cancellation of indebtedness in the total amount of
$2,666.67; and

     c.  amending his DD Form 214 to add the Purple Heart, the Global War
on Terrorism Expeditionary Medal, and the Global War on Terrorism Service
Medal.

2.  That, further credit bureaus be notified that his debt was erroneously
reported as being delinquent.




            __Raymond J. Wagner
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008899                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041028                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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