IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100012210 


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, the cancellation of the recoupment of her Selective Reenlistment Bonus (SRB).

2.  The applicant states, in effect, that while in an Army Guard Reserve (AGR) position, she reenlisted in military occupational specialty (MOS) 68J (Medical Logistics Specialist).  Due to limited advancement potential as an AGR Soldier, difficulties with family life and her civilian job she reverted to a U.S. Army Reserve (USAR) Troup Program Unit (TPU) status.  She is still serving in MOS 68J.  She was not totally discharged she simply transferred to another component in the same MOS; therefore, she should be entitled to a reduced bonus.

3.  The applicant provides copies of her 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty), March 2008 DD Form 4 (Enlistment/Reenlistment Document), 2 October 2009 U. S Army Human Resources Command (AHRC) Orders C-10-917517, and seven Leave and Earnings Statements. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 15 August 1996, completed training, and was awarded the MOS 76J (Medical Supply Specialist).


2.  On 28 September 2001, the applicant was ordered to active duty for a period of 3 years in an AGR status.  On 14 October 2001, she entered active duty in MOS 68J.

3.  The applicant reenlisted on 22 September 2004 and again on 20 March 2008 and continued to serve as an AGR Soldier in the MOS 68J.

4.  The applicant's 20 March 2008 DD Form 4/1 ((Reenlistment Contract) shows she was to receive an SRB in return for reenlistment in MOS 68J for a period of 6 years.  The contract also states, in part:  

   a.  "I am enlisting/reenlisting in the United States (list branch of service) ARMY RESERVE this date for 6 years and 0 weeks beginning in pay grade E-7 of which______ years and ______ weeks is considered an Active Duty Obligation, and ______ years and _____ weeks will be served in the Reserve Component of the Service in which I have enlisted. "…."The additional details of my enlistment/reenlistment are in Section C and Annex(es).…"

   b.  "Reenlistment (AGR/Subsequent) IAW AR 140-111, Chapter 8, I understand that the effective date of my reenlistment is one day following my current ETS date of 20080321; therefore, the effective date is 20080322.  This contract expires on 20140321 (ETS [expiration term of service]) ARD (initials)." 

   c  "Bonus Will be paid IAW MILPER Message 04-353 and future MILPER Messages." 
   
   d.  "AGR Reenlistment Control Number: XAD 13888."

   e.  "AGR Bonus Control Number: BAD 12683."

5.  The DA Form 4789 (Statement Of Entitlement To Selective Reenlistment Bonus) states:

"I agree to complete this period of service.  I have been advised and understand that if I do not complete the full period of service, or if I do not remain technically qualified in MOS 68J, I will not get any more installments of the bonus, and I will have to pay back as much of the bonus as already received for the unexpired part of the period of obligated service."

6.  The 24 August 2009 DD Form 214 shows the applicant was released from active duty and transferred to the Individual Ready Reserve (IRR).

7.  In the development of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1.  It was opined that relief should be denied in accordance with MILPER Message Number 04-353, (Implementation of SRB for USAR AGR Soldiers).  Paragraph 13 of this message states:  "A Soldier who voluntarily or involuntarily fails to complete obligated service for which an SRB was paid will refund a percentage of the bonus equal to the unexpired part of the period of service not performed."

8.  A copy of the opinion was forwarded to the applicant.  The applicant responded by stating that she has not stopped fulfilling her obligated service period.  She merely changed from an AGR status to a USAR TPU status.  She currently holds a position in the 391st Medical Company.  She requested a transfer from active status due to the hardship of moving her family, owning a local business, and to increase her chances for promotion.  She provides a page from the 1 May 2007 Army Selected Reserve Incentive Program List showing both USAR and AGR personnel in her MOS are entitled to SRB's.

9.  The Army Selected Reserve Incentive Program List shows USAR Soldiers serving in MOS 68J with prior service were authorized a $15,000.00 bonus for a 6 year obligation and AGR Soldiers were authorized a $20,000.00 bonus for a 
6 year obligation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that while in an AGR position, she reenlisted in the MOS 68J.  Due to limited advancement potential, difficulties with family life and her civilian job she reverted to USAR status and that she is still serving in MOS 68J.  She also contends she was not totally discharged but simply transferred to another component; therefore, she should still be entitled to a reduced bonus.

2.  The applicant reenlisted on 20 March 2008 with a 6-year AGR obligation in exchange for a $20,000.00 SRB.

3.  The applicant failed to meet her AGR obligation when she voluntarily requested and received an intradepartmental transfer to the IRR.  




4.  The fact that there were also SRB's available to USAR TPU Soldiers in the same MOS has no more bearing on the applicant's situation.  Different bonuses have different requirements.  The requirement for the applicant to receive the specific SRB granted to her was for her to serve 6 years in the AGR in MOS 68J, not just for reenlisting in MOS 68J.

5.  The available evidence is not sufficient for granting 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)                                         AR20100012210



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ABCMR Record of Proceedings (cont)                                         AR20100012210



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