RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016408


      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. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 STRAP (Specialized Training Assistance
Program) debt be forgiven.

2.  The applicant states he was injured in the line of duty and, therefore,
unable to complete his STRAP obligation.  He also states that the Board’s
previous consideration of his request to pay his medical bills inaccurately
reported that he had a 30% Department of Veterans Affairs (VA) disability
rating when he in fact has a 60% disability rating.  The higher percentage
of disability denotes a far greater level of disability.

3.  The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that the applicant was
commissioned as a captain in the US Army Reserve (USAR) in the Medical
Corps on 3 August 1987 and was assigned to a troop program unit at that
time.  Prior to his assignment, on 3 August 1987 he signed a STRAP
contract.

2.  While the applicant was servicing in an active duty status for his
unit’s annual training, on 20 August 1996 he hurt his neck performing a sit-
up.  He was diagnosed with cervical radiculopathy, a pinched nerve in his
neck.  A DA Form 2173 (Statement of Medical Examination and Duty Status)
was completed which indicated that his injury occurred in the line of duty.
 It stated the applicant suffered from "neck pain, numbness/tingling
sensation to left hand and forearm."

3.  The applicant’s command appointed an investigating officer (IO) to
conduct a formal line of duty investigation.  On 3 September 1997, the IO
recommended that the applicant's injury be approved as having been incurred
in the line of duty.  That recommendation was approved by the appropriate
authority.

4.  A copy of the applicant's Officer Evaluation Report (OER) for the
period 950803-960802 contains the following references to his physical
conditions:  "Unexpected medical problems have unfortunately, curtailed his
participation.  At present he is unable to attend assemblies and is non-
deployable.  [Applicant] has apparently suffered a serious neck injury.
His prognosis is guarded.  Recommend a Medical Board."  The OER indicates
that the applicant attended 24 of the 48 scheduled assemblies during the
rating period.

5.  On 5 August 2003, the applicant voluntarily requested discharge based
upon his having "Fulfilled Statutory Obligation."  On 23 October 2003,
Orders 03-296-00006, Headquarters, US Army Reserve Command, discharged the
applicant effective 23 November 2003.

6.  Army Regulation 135-7 (Incentive Programs) prescribes policies and
procedures for the administration of the Army National Guard (ARNGUS) and
the USAR incentive programs.  Chapter 11 prescribes policy and procedures
governing the STRAP for Medical Corps and Army Nurse Corps officers of the
ARNGUS and the USAR.  It states a STRAP participant who fails to complete
the specialized training program and is terminated will be subject to
recoupment of the debt; or ordered to active duty for a period of 1 year
for each year or part thereof for which the officer received financial
assistance.  It further provides the Secretary of the Army may choose not
to seek recoupment or active duty service of an officer who fails to
complete the specialized training program.  However, such action will not
relieve the officer from any military obligation imposed or incurred by any
other law or regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated at his own request based upon his having
"Fulfilled Statutory Obligation," not because of physical unfitness.

2.  Since the applicant voluntarily terminated his status in the USAR,
recoupment of his STRAP appears to have been proper and just.  He failed to
fulfill his portion of the contractual STRAP agreement.

3.  There are no records available to the Board which shows the applicant’s
combined VA disability rating.  However, his VA disability rating has no
bearing on this case.  The issue is whether the applicant was voluntarily
or involuntarily discharged, not the degree of disability assigned to him
by the VA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____cvm_  ____ym__  ___kan__  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.





                                  _________Kathleen A. Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016408                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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