IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019486
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 his records be corrected to show he has already completed his 4 year Reserve Service Obligation (RSO).
2. The applicant states the U.S. Army Recruiting Command (USAREC)
Form 1131 (Department of the Army Service Agreement F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP)) he signed states that there are no oral or other agreements, understandings, or representations affecting the contract or relating to his military service, except as otherwise specifically provided herein. This form specifies that he has an Active Duty Obligation (ADO) and an RSO and it does not specify that the time spent in the AFHPSP is excluded from his RSO.
3. Additionally, the applicant states the Human Resources Command, Alexandria (HRC-A) has informed him that the time he spent in the AFHPSP cannot count when calculating the contractual RSO. HRC-A added that his ADO and RSO does not begin to be fulfilled until the day he enters active duty.
4. The applicant also states that neither his USAREC Form 1131 nor the governing Department of Defense Instruction (DODI) specify that time spent in
the Individual Ready Reserve (IRR) prior to his order to active duty is excluded from fulfilling his RSO. The applicant provides specific excerpts from the DODI and his USAREC Form 1131.
5. The applicant provides the documents which he lists in his request.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show he was commissioned as a second lieutenant and executed a USAREC Form 1131 on 1 May 2002. In Item 15 of this form the applicant acknowledged, "I further understand that the remaining portion of the service obligation is a reserve service obligation (RSO) and shall be served in the Individual Ready Reserve (IRR), unless the Secretary of the Army and I mutually agree that the remaining portion, or a part thereof, shall be served on active duty or in the Selected Reserve." In Item 23, the applicant acknowledged he was incurring a 4 year ADO and a 4 year RSO."
2. The applicant entered active duty as a captain on 4 July 2006 and has served continuously as an optometrist at Fort Knox, KY.
3. On 4 July 2009, the applicant submitted his unqualified resignation, effective
4 July 2010. In this resignation he added that he did not desire appointment in the U.S. Army Reserve (USAR).
4. On 9 September 2009, the applicant's unqualified resignation was accepted by HRC-A. HRC-A's message stated that the applicant had an MSO and required a Reserve appointment.
5. The applicant made several attempts to have HRC-A delete the requirement for him to accept a Reserve appointment upon his release from active duty. The applicant provided essentially the same arguments he makes to the Board. Those requests were all denied.
6. The applicant is currently on active duty as a captain.
7. DODI 6000.13 (Medical Manpower and Personnel) paragraph 6.4.9. states "The ADO portion for an AFHPSP participant shall consist of at least 2 years, or one-half year for each half year of AFHPSP sponsorship, whichever is greater. . . The remaining service obligation beyond the ADO or SELRES portion shall be served in the IRR, unless the Secretary of the Military Department concerned and the Program member mutually agree that said portion, or a part thereof, shall be served on active duty."
DISCUSSION AND CONCLUSIONS:
1. While the USAREC Form 1131 that was signed by the applicant does not specifically state the 4-year IRR RSO is to be completed after the ADO, no reasonable person would believe the time spent in the schooling for which the service obligation was being incurred would satisfy the service obligation.
2. A plain reading of the contract makes clear the obligation commenced after his service on active duty:
a. Paragraph 15 provides participation in an HPSP imposes an 8 year service obligation with a 4-year ADO and the remaining time served in the IRR.
b. Paragraph 23 establishes 4 years of active duty and a similar commitment in the IRR in return for a 4-year academic scholarship. To count HPSP participation against the IRR RSO would mean the applicant got something (scholarship) in exchange for a promise of nothing. The Army does not impose meaningless obligations on scholarship participants.
c. Since the Army could not utilize the applicant in his chosen field until completion of the program it makes little sense it would obligate the applicant to service until he completed training.
d. DODI 6000.13, paragraph 6.4.9 provides the RSO begins after completion of the ADO.
3. In view of the foregoing, there is no basis in which to grant the applicant's request.
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.
_______ _ _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) AR20090019486
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