RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 AUGUST 2005
      DOCKET NUMBER:  AR20040010360


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. James Gunlicks                |     |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.  In effect, the applicant requests that her separation code on her DD
Form 214 (Certificate of Release or Discharge from Active Duty) be changed
so that the Defense Finance and Accounting Service (DFAS) will not recoup
her enlistment bonus money.

2.  In response to an inquiry from that agency, the applicant states that
DFAS has informed her that her separation code has to be changed in order
to prevent recoupment of her bonus.  She was never given an option to
change her MOS (military occupational specialty).  The only choice given
was an administrative discharge.  She should not be required to pay back
the portion of the bonus that she has received.  Furthermore, her DD Form
214 does not show the 5 months that she was deployed with her unit to
Israel, from January 2003 until April 2003.
3.  The applicant provides a copy of her DD Form 214, a copy of a DA Form
3286-66 (Statement of Understanding – United States Army Incentive
Enlistment Program), a copy of 24 July 2002 order awarding her an MOS of
14T, a copy of a 19 February 2002 statement in which she voluntarily
declined to participate in the Personnel Security Screening Program (PSSP),
a copy of a 19 February 2002 memorandum requesting certain actions be taken
because the applicant declined to participate in the PSSP, two copies of
USAREC (United States Army Recruiting Command) Addendum to DD Form 1966
Series (USAREC Form 1150-R-E), a copy of a page from Army Regulation 601-
210 pertaining to the Army Incentive Enlistment Program, and a copy of the
applicant’s explanation of the documents that she submits.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for 8 years on 26 November 2001.  In so doing, she agreed to enlist in the
Regular Army for 6 years with the understating that she would be enlisting
under the Army Incentive Enlistment Program option, in MOS 98C10, EW/SIGINT
(Electronic Warfare/Signal Intelligence) Analyst with a cash bonus of
$12,000.00.
2.  She was discharged from the Army Reserve DEP upon her enlistment in the
Regular Army for 6 years on 12 February 2002.  Her Record of Military
Processing (DD Form 1966 series) shows that she recertified her enlistment
in MOS 98C; however, DD Form 1966/4, Section VI, Remarks, shows that the
statement, “I understand that I will be trained in either MOS 98CL or 98GL
and that MOS 98Xl is an enlistment MOS only. …”  That statement was lined
through with the word “VOID.”
3.  On 12 February 2002 the applicant authenticated a Statement for
Enlistment, United States Army Training Enlistment Program (DA Form 3286-
63), wherein she acknowledged that she was enlisting for training in MOS
98C10.  That form also contained the statement, “I understand that I must
satisfactorily complete basic combat training in order to receive the
training indicated above.  Further, I understand that if I should be
relieved from training for academic deficiency, disciplinary reasons,
failure to receive any required security clearance because of information
withheld by me or any misconduct, I will be trained in accordance with the
needs of the Army and required to complete the term of my enlistment.”  It
contained the statement, “If I fail, through my own fault, to meet any of
those established prerequisites for the Nuclear Surety Program or the
required security clearance or fail to maintain medical, physical,
profession, or other suitability standards for training or retention in
accordance with my enlistment contract, I will be trained and assigned in
accordance with the needs of the Army and required to complete my term of
enlistment.  I further acknowledge that if I become disqualified for the
enlistment program because of personal conduct, withholding of information
that I have within my knowledge that precludes access to special
intelligence information, I will be retrained and required to complete my
term of enlistment in accordance with the needs of the Army.”

4.  The applicant, on 12 February 2002, authenticated a Statement of
Understanding, United States Army Incentive Enlistment Program (DA Form
3286-66), in which she acknowledged that her incentive (cash bonus) was
subject to certain conditions, to include  – (a) should she fail to
satisfactorily complete the Advanced Individual Training she would be
trained in another MOS and required to complete her term of enlistment
based upon the needs of the Army, and forfeit any entitlement to her cash
bonus; b) she would lose entitlement to the incentive if she failed to
successfully complete training and receive the MOS she enlisted for; and
(c) she had to stay qualified in her incentive MOS for the duration of her
initial enlistment, unless otherwise directed by Department of the Army.

5.  On 19 February 2002 the applicant voluntarily declined to participate
in the PSSP, and stated that she understood that her action relieved the
Army of any and all guarantees made to her as a result of her enlistment,
that the term of her enlistment was binding and not affected by her action,
and that her selection for MOS training and ultimate assignment would be
based solely on the needs of the Army.

6.  On that same date the PSSP Detachment Sergeant at Fort Leonard Wood,
Missouri stated that because of the applicant’s refusal to participate on
the PSSP, a determination could not be made regarding her eligibility for
access to Sensitive Compartment Information (SCI) duties.  She requested
that the applicant’s guaranteed enlistment option be voided, that she be
reclassified to an MOS not requiring PSSP processing, and that she be
reassigned.

7.  On 19 February 2002 the applicant authenticated a Statement for
Enlistment, United States Army Station/Unit/Command/Area Enlistment Program
(DA Form 3286-64) wherein she acknowledged that she would receive training
in MOS 14T10, Patriot Launching Station Enhanced Operator/Maintainer, and
that upon successful completion of training she would be assigned to
Europe.

8.  On 19 February 2002 the applicant completed another DA Form 3286-66.
That form indicated that she was enlisting in the above-mention program and
that she was enlisting for a cash bonus of $12,000.00.

9.  The two USAREC Forms 1150-R-E, USAREC Addendum to DD Form 1966 Series,
show that she was enlisting for a cash bonus as indicated on both forms,
the first in MOS 98C10, and the second (with 98C10 scratched out) in MOS
14T. Both forms, however, are dated 26 November 2001.

10.  The applicant’s personnel qualification record shows that she
completed training in MOS 14T.

11.  In August 2002 the applicant was assigned to an air defense artillery
unit in Germany.  She had numerous problems and was counseled for failure
to obey a lawful order, misleading a noncommissioned officer, communicating
a threat to another Soldier, and malingering.  On 6 August 2003, in a
report of mental status evaluation, a psychiatrist diagnosed her as having
a borderline personality disorder and major depressive disorder, recurrent,
full remission; and stated that his findings and recommendations were based
on repeated evaluations and observations since 19 December 2002.  He stated
that she met the medical standards for retention in the Army and was
psychiatrically cleared for any administrative action deemed appropriate.
He recommended that she be separated because of her personality disorder.

12.  On 15 October 2003 action was taken to separate the applicant from the
Army because of her personality disorder, and on 12 November 2003 the
separation authority approved a recommendation to discharge her.

13.  The applicant was discharged with an honorable characterization of
service at Hanau, Germany on 22 November 2003, under the provisions of Army
Regulation 635-200, paragraph 5-13.  Her separation code on her DD Form 214
is “JFX.”
14.  There is no evidence regarding efforts by DFAS to recoup an enlistment
bonus.

15.  There is no evidence and the applicant has not furnished any to show
that she was deployed to Israel.

16.  Army Regulation 635-5-1 prescribes the specific authorities
(regulatory or other directives), reasons for separating Soldiers from
active duty, and the SPD (separation) codes to be entered on DD Form 214.
That regulation states that  the separation code, “JFX” will be entered on
the DD Form 214 of a Soldier discharged under the provisions of Army
Regulation 635-200, paragraph 5-13, for a personality disorder.

17.  The DOD Financial Management Regulation, paragraph 090503, provides
the reasons for recoupment of any unearned portions of enlistment bonuses,
and states in effect that enlistment bonuses will be recouped for Soldiers
who receive an administrative discharge because of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The Defense Financial and Accounting Service is apparently taking
action to recoup the applicant’s enlistment bonus, or a portion thereof,
because of the nature of her discharge, in accordance with the provisions
of the DDO Financial Management Regulation.

2.  The applicant was diagnosed as having a personality disorder and was
administratively discharged because of that condition on 22 November 2003.
Her separation code, “JFX,” denoted on her DD Form 214 is proper and in
accordance with regulatory provisions.

3.  Consequently, the applicant’s request to correct her separation code on
her DD Form 214 is not warranted.

4.  There is no evidence to show that the applicant was deployed to Israel.
 Her implied request to reflect this information on her DD Form 214 is
denied.

5.  The applicant has submitted neither probative evidence nor a convincing
argument in support of her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM __  ___JM __  ___JG __  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.





                                  ______Melvin Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010360                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]