RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050003121


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 she be released from the
obligation to repay her final bonus payment of $10,000.

2.  The applicant states, in effect, that she became pregnant with her
first child during the first contract year from August 1994 to August 1995.
 She was told that it was an "unwritten rule" that she would need to do her
officer training first.  Her recruiter told her that she could attend
officer training anytime during the three years.  During her second
contract year from August 1995 to August 1996, she attended the Officer
Basic Course (OBC) at Fort Sam Houston for the period 22 January through 2
February.  Her third contract year from August 1996 to August 1997 began
with a phone call to Fort Bragg, North Carolina in November 1996.  Mr.
H______ informed her to pick any two weeks.  She explained to him that she
just started a new job and would be last in line to sign up for time off.
On an unknown date, she contacted Mr. H_______ again and informed him that
she would come on the 24th of March.  By the 1st of February, she did not
have orders and contacted Fort Bragg on several occasions.  She was
informed she needed to complete a credentialing file for Fort Bragg, North
Carolina.  She completed her credentials paperwork, but they were misplaced
in the mailroom at the Army Reserve Personnel Center.  She never received
her orders and the credentialing hearing had already passed.  She requests
to be relieved of her responsibility to repay the $10,000 for the contract
year from August 1996 to August 1997 in lieu of the sacrifices she made in
time, vacation time, phone calls, etc.  It is now seven years later and
this is the first time she has been contacted to repay.

3.  The applicant provides a supplemental letter.

CONSIDERATION OF EVIDENCE:

1.  A document in the applicant's personnel records shows she completed a
service agreement contract for a bonus for a period of 3 years on 25 May
1994.  The start date of the bonus was indicated as 23 August 1994.  The
contract for the bonus is not available.

2.  The applicant accepted appointment as a Reserve commissioned officer on
23 August 1994 in the rank of first lieutenant.

3.  Human Resources Command-St. Louis, Missouri Soldier Management System
(SMS) database shows the applicant contacted Major R_____ on 19 August
1997.  The entry indicates that the applicant was currently an Individual
Mobilization Augmentee (IMA) at Fort Bragg and was obligated until
23 August 1997.  The applicant informed Major R______ that she wanted to
transfer to the Individual Ready Reserve (IRR) as soon as possible and
would remind them about the transfer after 1 October.

4.  On 21 November 1997, the applicant contacted Major R_______ and
requested immediate transfer to the Individual Ready Reserve.  The SMS
shows she was Specialized Training Assistance Program (STRAP) obligated and
was aware she would be eligible for recoupment.

5.  On 8 July 1998, the Chief, Office of Promotions, Reserve Components at
the U.S. Total Army Personnel Command in St. Louis, Missouri notified the
applicant she had been considered but not selected for promotion by the
board.  She was advised that, as a result of this second nonselection, she
must be discharged in accordance with Title 10, U.S. Code, section 14513 or
Army Regulation 140-10 unless she was eligible for and requested transfer
to the Retired Reserve.  The date of her first consideration and
nonselection for promotion is not available.

6.  Department of the Army, U.S. Army Reserve Personnel Command Orders
D-11-874225 dated 19 November 1998 discharged the applicant from the U.S.
Army Reserve (USAR) on 19 November 1998 under the provisions of Army
Regulation 135-175.

7.  The applicant's Summary of Retirement Points shows she was credited
with a total of 54 points for Reserve membership from the beginning date of
23 April 1995 to the ending date of 19 November 1998 (membership points
only for those retirement years).

8.  In the processing of this case, a staff advisory opinion was obtained
from the Director of the Army Medical Department (AMEDD) Region, U.S. Army
Human Resources Command in St. Louis, Missouri.  The opinion states the
applicant voluntarily joined the Army Reserves on 23 August 1994 and at
that time entered into a contractual obligation where she agreed to receive
a $30,000 bonus to be paid in 3 annual installments of $10,000 each in
return for satisfactory participation in the Selected Reserve.  The opinion
states that she never satisfactorily participated in the Ready Reserve and
received only 15 membership points between 23 April 1995 and 19 November
1998.  In addition, she never attended the AMEDD 2-week Reserve Officer
Basic Course in accordance with Army Regulation 135-155 which states this
course must be completed within 3 years after appointment.  She became a 2-
time passover and was discharged from the Army Reserve on 19 November 1998
before her 8-year statutory obligation on 22 August 2002.  The advisory
opinion further noted that the SMS shows a conversation between the
applicant and Major R_______ on 21 November 1997, "Request for immediate
transfer to IRR rec'd.  SM is STRAP obligated and is aware she would be
eligible for recoupment.  SM still wants transfer.  RFO done."  The
advisory opinion stated the applicant was well aware of the recoupment
action although Major R_______ wrote "STRAP" when he should have written,
"Bonus."

9.  A copy of the advisory opinion was forwarded to the applicant; however,
she did not respond within the allotted timeframe.

DISCUSSION AND CONCLUSIONS:

1.  The applicant accepted appointment as a Reserve commissioned officer on
23 August 1994.

2.  The opinion from the U.S. Human Resources Command-St. Louis stated the
applicant entered into a contractual obligation on the date of her
appointment in the Reserve.  At that time, she agreed to receive a $30,000
bonus to be paid in 3 annual installments of $10,000 in return for
satisfactory participation in the Selected Reserve.

3.  There is no evidence of record which shows she completed the AMEDD
Reserve Officer Basic Course within 3 years after her appointment.  There
is no evidence of record to show she satisfactorily participated in the
Selected Reserve.

4.  The applicant was a 2-time passover for promotion.  As a result, she
was discharged from the USAR on 19 November 1998.

5.  Although a copy of the contractual obligation is not available, it
appears the applicant signed the document and was fully aware of her
obligations under the terms of the contract.

6.  It appears the applicant did not comply with the terms of her
contractual obligation.  Therefore, there is evidence to show she was not
entitled to any of the $30,000 bonus and there is no basis for releasing
her from the obligation to repay her final bonus payment of $10,000 for the
period August 1996 to August 1997.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

TH______  JI______  CD______  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.




                                  Thomas Howard_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003121                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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