RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 July 2006
DOCKET NUMBER: AR20050017904
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. Allen Raub | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Ms. Peguine Taylor | |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 he be released from the
obligation to repay the difference of his enlistment bonus.
2. The applicant states there is no article or military publication that
indicated he has to repay his enlistment bonus.
3. The applicant provides no additional documents in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 13 August 2001 under
the delayed entry program (DEP). His Statement for Enlistment shows he
enlisted for training in military occupational specialty 68S
(Armament/Electrical/Avionics Systems Repairer) and airborne training.
2. The applicant’s DA Form 3286-59 (Statement of Enlistment) shows he
enlisted for the U.S. Army Incentive Enlistment Program for a cash bonus in
the amount of $5,000.
3. His DA Form 3286-66 (Statement of Understanding-United States Army
Incentive Program Enlistment Program) indicates he acknowledged and
understood that he was enlisting for an incentive of a cash bonus in the
amount of $5,000. Item 3 on the DA Form 3286-66 states, “I must stay
qualified in my incentive MOS for the duration of my initial enlistment,
unless otherwise directed by Headquarters, Department of the Army.”
4. The applicant enlisted in the Regular Army on 1 October 2001 for a
period of five years. He completed basic training, advanced individual
training (AIT) and airborne training. At the completion of AIT, he was
awarded MOS 68S.
5. In a Memorandum for Record dated 9 July 2004, the applicant’s unit
commander notified him that he exceeded the body fat standard. The
applicant was flagged under the provisions of Army Regulation 600-8-2 and
entered in a Weight Control Program.
6. On 16 February 2005, the applicant was notified of pending separation
action under the provisions of Army Regulation 635-200, paragraph 18-2a(2)
for failure to meet body fat standards. The unit commander recommended the
applicant be separated from the U. S. Army prior to expiration of his
current term of service and that he be transferred to the Individual Ready
Reserve to complete his statutory service obligation.
7. On 23 March 2005, the separation authority approved the separation
action and directed the applicant be separated with issuance of an
honorable discharge.
8. The applicant was honorably released from active duty on 13 May 2005
under the provisions of Army Regulation 635-200, chapter 18 based on weight
control failure. He completed 3 years, 7 months and 13 days of active
military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the USAR on 13 August 2001. His Statement of
Enlistment indicates he enlisted for training in MOS 68S and was authorized
entitlement to a cash bonus in the amount of $5,000.
2. At the time of his enlistment, the applicant acknowledged that he would
remain qualified in his incentive MOS for the duration of his initial
enlistment. However, he was separated from active duty on 13 May 2005
under the provisions of Army Regulation 635-200, chapter 18 based on weight
control failure.
3. It appears the applicant did not comply with the terms of his
contractual obligation. Therefore, there is no basis for releasing him
from the obligation to repay the difference of his enlistment bonus.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
AR______ LD______ PT______ 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.
Allen Raub____________
CHAIRPERSON
INDEX
|CASE ID |AR20050017904 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060725 |
|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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