RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2005
DOCKET NUMBER: AR20040011499
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. Melvin H. Meyer | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. James B. 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. The applicant requests, in effect, that the reason for his discharge be
changed to one that would allow him to retain his bonus.
2. The applicant states his unit was inactivated and he was given a
general discharge from the Army National Guard (ARNG) because, as a 31U, he
could not drill within 50 miles of his home. His bonus was recouped. He
believes that to be unjust because it was due to his unit's inactivation.
3. The applicant provides unit inactivation orders and a letter from the
Defense Finance and Accounting Service (DFAS) dated13 August 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 July 1996. He
completed basic training and advanced individual training and was awarded
military occupational specialty 31U (Signal Support Systems Specialist).
2. The applicant was honorably released from active duty on 14 July 2000
and transferred to the ARNG, for which he had signed an enlistment contract
for a 3-year commitment. Although the available enlistment documents do
not indicate he received an enlistment bonus, his Personnel Qualification
Record – Enlisted indicates he did. He was assigned to Headquarters and
Headquarters Company, 1st Brigade, 40th Infantry Division, Long Beach, CA.
3. On 10 February 2003, the applicant sent a statement to his commander.
He stated his joining the ARNG was not well thought out. He requested
transfer to the Inactive (sic) Ready Reserve. He would "go if America
needed him" but until that time he wished to remain unassociated [with the
ARNG]. Around April 2003, he made a sworn statement wherein he stated the
main reason for his decision [to leave the ARNG] was continuous conflict
with his civilian job.
4. On 5 April 2003, the applicant signed a California ARNG Form 600-2R
(Request for Discharge of Enlisted Members). The form indicated the reason
for discharge as continuous conflict with his civilian job. It also
indicated the recommended characterization of his service was under
honorable conditions. However, his NGB Form 22E (Report of Separation and
Record of Service) shows he was discharged from the ARNG and as a Reserve
of the Army on 6 April 2003 with a fully honorable characterization
of service. The reason for discharge was given as employment conflict.
5. The applicant provided State of California, Office of The Adjutant
General Permanent Order Number 100-001 dated 8 April 2004 which indicated
Headquarters, 1st Brigade, 40th Infantry Division was
inactivated/consolidated with Headquarters, 640th Military Intelligence
Battalion, 40th Infantry Division effective 1 September 2003.
6. By letter dated 13 August 2004, DFAS informed the applicant their
records indicated his bonus contract was terminated for miscellaneous
reasons prior to the fulfillment of his period of obligated service and his
debt in the principle amount of $647.66 remained valid.
DISCUSSION AND CONCLUSIONS:
1. It cannot be determined what type of bonus the applicant received when
he enlisted in the ARNG. It appears retention of the bonus required him to
complete his 3-year period of obligated service.
2. The applicant did not complete his 3-year enlistment in the ARNG and
the evidence of record indicates it was for personal reasons and not
because his unit had inactivated.
3. The available evidence of record shows the applicant was indicating as
early as February 2003, 7 months prior to the date his unit inactivated,
that he no longer wished to serve with the ARNG. In April 2003, he
indicated his civilian employment conflicted with his ARNG obligations. He
was honorably discharged (a general under honorable conditions discharge
had only been recommended) on 6 April 2003, 4 months prior to his unit's
inactivation.
4. There is insufficient evidence on which to base granting the requested
relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mhm___ __jtm___ __jbg__ 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 H. Meyer____
CHAIRPERSON
INDEX
|CASE ID |AR20040011499 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050816 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |110.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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