RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2004
      DOCKET NUMBER:  AR2004104618


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |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 that the recoupment of the unearned portion of
his enlistment bonus be reversed and, in effect, that he be paid his
complete enlistment bonus.

2.  The applicant states he enlisted for 4 years and training in MOS
(military occupational specialty) 14E (Patriot Fire Control Operator) and a
cash enlistment bonus of $16,000.  After less than 2 years of active duty,
he was discharged and a pro rata portion of his bonus was recouped.
Because the Army Discharge Review Board (ADRB) upgraded his discharge to
fully honorable, he should also receive his full bonus.

3.  The applicant provides a copy of his fully honorable discharge and a
copy of the ADRB's 12 November 2003 decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) for 4 years on 20
November 2000. He enlisted for Program 9A – US Army Training Enlistment
Program in MOS 14E, and for Program 9C – US Army Incentive Enlistment
Program, with a cash enlistment bonus of $16,000.

2.  The applicant completed Basic Training at Fort Jackson, South Carolina
and Advanced Training in MOS 14E at Fort Bliss, Texas.  He was awarded MOS
14E and was assigned to a unit at Fort Bliss as his first permanent duty
station.

3.  The applicant proved himself to be a substandard Soldier.  He was
counseled concerning indebtedness, missing formations on numerous
occasions, failure to attain Army physical fitness standards, failure to
take the Army Physical Fitness Test (APFT) on multiple occasions.  On 5
September 2002, he was notified that action would be taken to separate him
for unsatisfactory performance under the provisions of chapter 13, Army
Regulation (AR) 635-200.

4.  The applicant consulted with military legal counsel, but did not submit
matters in his own behalf.  He underwent a physical examination and a
mental status evaluation and was found to have no disqualifying physical or
mental defects that would warrant disposition through medical channels.

5.  On 18 September 2002, the discharge approving authority approved the
applicant's discharge under the provisions of chapter 13, AR 635-200 for
physical standards [unsatisfactory performance] and directed a General
Discharge.  He was discharged on 8 October 2002 with 1 year, 10 months, and
8 days of creditable active Federal service during his 4-year enlistment.

6.  On 1 May 2003, the applicant petitioned the ADRB seeking an upgrade in
the characterization of his service, a change in the narrative reason for
separation from physical standards to physical disability [for asthma], and
return of his recouped enlistment bonus.  The ADRB, on 12 November 2003,
found the applicant's discharge to be proper, but the characterization of
service to be inequitable.  The ADRB directed that his General Discharge be
upgraded to an Honorable Discharge, but did not change the reason for
separation.  The ADRB could not act on the enlistment bonus issue.

7. AR 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes
eligibility criteria governing the enlistment of persons, with or without
prior service, into the RA and the U.S. Army Reserve (USAR).  It provides
that an enlistment bonus is an enlistment incentive offered to those
enlisting in the RA for duty in a specific MOS. The objective of the bonus
is to increase the number of enlistments in MOSs that are critical and have
inadequate first-term manning levels.  Entitlement to the bonus will accrue
on successful completion of training and award of a designated MOS.
Soldiers paid a bonus must serve in the designated MOS for the period of
enlistment.  Soldiers who do not complete their full term of enlistment for
which a bonus was paid because of voluntary reasons or misconduct will be
required to refund the percentage of the bonus that corresponds to the
unexpired part of the total enlistment period.

8.  AR 635-200 sets forth the basic authority for the separation of
enlisted personnel.  Chapter 13 contains the policy and outlines the
procedures for separating individuals for unsatisfactory performance, and
provides, in pertinent part, that commanders will separate a member under
this chapter when, in the commander's judgment, the member will not develop
sufficiently to participate satisfactorily in further training and/or
become a satisfactory soldier.  Army policy states that a General
Discharge, under honorable conditions is normally considered appropriate,
but an Honorable Discharge may be granted in meritorious cases.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a substandard Soldier who could not pass the APFT,
who avoided taking the APFT, who had an indebtedness problem, and who had a
problem reporting for duty.  He was counseled to no avail.  Ultimately, his
conduct caused him to be discharged more than 2 years prior to his
expiration of term of service (ETS) date.

2.  The applicant, through his own misconduct and unsatisfactory
performance, failed to complete his 4-year term of enlistment.  Failure to
complete the specified period of enlistment requires recoupment of the
unearned portion of an enlistment bonus.

3.  The applicant’s discharge proceedings were conducted in accordance with
law and regulations applicable at the time.  The character of the discharge
is commensurate with the applicant's overall record of military service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __jed___  __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.




                                        Mark D. Manning
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104618                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041207                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20021008                                |
|DISCHARGE AUTHORITY     |AR 635-200 C13                          |
|DISCHARGE REASON        |A27.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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