IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20080018271 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her date of assignment to the U.S. Army Reserve (USAR) Control Group (Reinforcement) be changed to 22 June 2006.  She also requests, in effect, that she be reimbursed for a debt she incurred as a result of not terminating life insurance premiums.    

2.  The applicant states that she was required to pay for life insurance, which she did not need or want, during the time it took to complete her transfer paperwork, at no fault of her own.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); a letter, dated 7 May 2007, from the Defense Finance and Accounting Service (DFAS); an account statement from DFAS; a letter, dated 
21 March 2008, from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, USAR Command, Fort McPherson, Georgia; discharge orders, dated 20 November 2006; and a letter, dated 17 November 2008, from a Member of Congress in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 23 June 2000 for a period of 8 years.  Her enlistment contract states, in pertinent part, "on executing this enlistment I will incur a statutory military service obligation of 8 years and a contractual obligation to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve unless I voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit."    

2.  The applicant  was ordered to active duty on 14 May 2002 in support of Operation Enduring Freedom.  She served in Afghanistan from 26 June 2002 to 10 December 2002.  On 7 January 2003, she was released from active duty and returned to her USAR unit.  

3.  Headquarters, Army Reserve Medical Command, Pinellas Park, Florida, Orders 06-324-00295, dated 20 November 2006, show the applicant was assigned to the USAR Control Group (Reinforcement) (i.e., the Individual Ready Reserve (IRR)), St. Louis, Missouri effective 19 December 2006.  

4.  The applicant provided a DFAS account statement, dated 7 May 2007, which shows she incurred a debt in the amount of $228.83 for collection of life insurance premiums for the period May 2006 to December 2006.

5.  In support of her claim, the applicant provided a copy of a letter, dated 
21 March 2008, from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, USAR Command, Fort McPherson, Georgia.  The letter states, in pertinent part, that she transferred to the IRR in June 2006.  However, on 
22 April 2009, officials at the USAR Command, Fort McPherson, Georgia reported that the entry in the 21 March 2008 letter which stated that the applicant was transferred to the IRR in June 2006 was in error and that the correct date was 19 December 2006.  

6.  The 21 March 2008 letter provided by the applicant also states, in pertinent part, that the applicant's unit, the 339th Combat Support Hospital, provided a DD Form 4856 (Developmental Counseling Form), dated 4 March 2006, signed by the applicant and her retention counselor explaining the loss of her benefits once she transferred to the Individual Ready Reserve.  The letter states the applicant chose not to stop her life insurance and incurred a debt because she was not attending drills while waiting for her transfer orders and that the Army Reserve cannot be held liable for the debt she incurred as a result of not terminating this insurance policy.   

7.  The DA Form 4856, dated 4 March 2006, states, in pertinent part, that the applicant was informed that she could lose pay bonuses, SLRP [Student Loan Repayment Program], GI [Government Issue] Bill, "TA," dental benefits, PX [Post Exchange]/commissary, Thrift Savings Plan, VA [Veterans Affairs] Home Loan, and MWR [Morale, Welfare and Recreation] if transferred to the IRR.     

8.  Subsequent Orders, dated 24 June 2008, show the applicant was honorably discharged from the USAR on 24 June 2008. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract shows that on 23 June 2000 she incurred a statutory military service obligation of 8 years and a contractual obligation to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the IRR.  

2.  Orders show the applicant was transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri on 19 December 2006.  

3.  The applicant's debt was the result of a collection of life insurance premiums for the period May 2006 to December 2006.

4.  In accordance with the applicant's enlistment contract, and after serving 
6 years as an assigned member of a troop program unit in the Selected Reserve, the applicant should have been transferred to the IRR on 22 June 2006.  Therefore, it would be equitable to amend her orders to show she was assigned to the USAR Control Group (Reinforcement), St. Louis, Missouri effective 
22 June 2006.  In addition, her debt should be adjusted accordingly.  
  
BOARD VOTE:

__X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending Headquarters, Army Reserve Medical Command, Pinellas Park, Florida, Orders 06-324-00295, dated 20 November 2006, to show she was assigned to the USAR Control Group (Reinforcement), St. Louis, Missouri effective 22 June 2006; and  
	b.  as a result of the above correction, DFAS should adjust her debt accordingly.




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018271



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ABCMR Record of Proceedings (cont)                                         AR20080018271



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