IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090015856
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 an Officer Affiliation Bonus (OAB) for her transfer to the Selected Reserve (SELRES) on 9 November 2006.
2. The applicant states the U.S. Army Reserve Command (USARC) at Fort McPherson, GA, denied her OAB based on erroneous information. She states her area of concentration (AOC) 38A (Civil Affairs Officer) was on the Fiscal Year 2007 (FY07) Selected Reserve Incentives Program (SRIP) list.
3. The applicant provides copies of a USARC memorandum, dated 14 July 2009, and the FY07 SRIP list.
CONSIDERATION OF EVIDENCE:
1. On 14 May 1993, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) and ordered to active duty. She served on active duty from 18 September 1993 to 22 December 1997 when she was released from active duty and transferred to a unit in the SELRES.
2. On 16 April 2006, the applicant was transferred from the SELRES to the Individual Ready Reserve (IRR) in the USAR Control Group (Reinforcement) due to personal reasons.
3. On 9 November 2006, the applicant was transferred from the IRR to the SELRES 807th Medical Command. She was promoted to lieutenant colonel on 16 January 2008.
4. On 14 July 2009, USARC disapproved the applicant's request for an exception to policy to receive an OAB. USARC stated the applicant's AOC 38A was not authorized an OAB by the FY06 SRIP list.
5. The FY07 SRIP list, provided by the applicant, shows AOC 38A is authorized an OAB. The effective date of this list is shown as from 1 October 2006 to 31 March 2007.
6. A USARC memorandum, dated 8 July 2005, states the purpose of the OAB is to attract officers separating from the active component or officers who have never served in the SELRES.
7. A USARC memorandum, dated 21 November 2006, amends the eligibility criteria for the OAB and states, effective 3 November 2006, all officers transferring to a SELRES unit must have served at least 1 year in the IRR immediately preceding the transfer to be eligible to receive the SELRES OAB. This requirement did not apply to former active component officers who transfer to the IRR after separation from active duty or who are transferred directly into a SELRES unit upon separation from active duty.
8. An Office of the Chief, Army Reserve, memorandum, dated 9 April 2008, clarifies the requirements for the OAB and states those officers in the IRR who were previously assigned to a troop program unit (TPU) may be authorized an OAB after serving at least 1 year in the IRR.
9. On 2 October 2009, the applicant was ordered to active duty for a period of 365 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she is entitled to an OAB.
2. Upon initial implementation of the OAB, officers who had previously served in the SELRES were not eligible for an OAB. Effective 3 November 2006, officers who were in the IRR and previously served in the SELRES were eligible for an OAB if they had served at least 1 year in the IRR immediately preceding the transfer to the SELRES and their AOC was on the SRIP List.
3. The FY07 SRIP shows the applicant's AOC as being eligible to receive an OAB. Therefore, USARC's reason for denying the applicant an OAB was incorrect. However, the applicant, having previously been assigned to a TPU, did not meet the 1-year requirement of serving in the IRR immediately prior to transferring to a SELRES unit. Therefore, she is not eligible to receive an OAB.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X ___ 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.
_____________XXX___________
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) AR20090015856
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ABCMR Record of Proceedings (cont) AR20090015856
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