IN THE CASE OF:	 

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110013811 


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, amendment of Orders 09-118-00012, issued by Headquarters, 335th Signal Command, East Point, GA, dated 28 April 2009, to reflect a separation date of 23 July 2008.

2.  He states, in effect, after being released from active duty he met with an Army Career Counselor on 15 July 2008.  On the same day, he signed a DA Form 4187 (Personnel Action) requesting a U.S. Army Reserve (USAR) unit assignment.  It was his understanding from Sergeant First Class (SFC) A------- that if he changed his mind he could do so by submitting a DA Form 4187.  He does not have this statement from SFC A------- in writing and he has not been able to obtain a confirmation on this policy.

3.  He also states that on 16 July 2008 he received Orders C-07-813439, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 16 July 2008, for assignment to his requesting unit with an effective date of 16 July 2008. Between 16 and 23 July 2008, he had been in communication with his new unit contact.  On 23 July 2008, he decided he did not in fact want to be in the USAR.  Based on what SFC A------ had told him earlier, he emailed the contact in his new unit and told him he had changed his mind and requested to be transferred back to the Individual Ready Reserve (IRR).  Sometime in early 2009, he vaguely recalls receiving a call from someone in the unit and he informed them that he was no longer in the unit.


4.  He further states that on 28 April 2009, he received Orders 09-118-00012 reassigning him from the unit back to the IRR.  When he noticed the reason for the reassignment was listed as "No Show" he was alarmed; however, he did not immediately inquire about this discrepancy.  On 4 September 2009, he received a letter from the Defense Finance and Accounting Service (DFAS) informing him that he incurred a debt for collection of Servicemembers' Group Life Insurance (SGLI) for the period April 2008 to April 2009.  DFAS subsequently informed him that if he wanted to cancel the debt he would have to have his orders changed to reflect a different separation date.  He paid the debt and let his discrepancy with his Army records take a back seat to the rest of his life.

5.  He also states, in effect, that in 2011 he attempted to gather information to have his orders corrected.  Unfortunately, he was unable to obtain documentation from the unit.  He would like his Orders 09-118-00012 amended to reflect a separation date of 23 July 2008, the day he initially requested his transfer out of the unit by email to a staff member of that unit.  It is not his intention to place blame on anyone except himself, as he knows he is responsible to follow-up with his records in a timely manner.

6.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 January 2007
* Orders C-07-813439, dated 16 July 2008
* Email correspondence from a staff member of the 4th Joint Communications Squadron (JCS), dated 23 July 2008
* Orders 09-118-00012, dated 28 April 2009
* Letter from DFAS, dated 4 September 2009
* Inquiry to DFAS and their response, dated 28 December 2009 and 6 January 2010, respectively
* DFAS Payment Confirmation, dated 24 January 2010
* Email correspondence between himself and staff members of the  4th Joint Communications Squadron (JCS), dated 1 and 10 June 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army, in pay grade E-1, on 15 August 2002.  He was honorably released from active duty, in pay grade E-5, on
17 January 2007, and he was transferred to the USAR Control Group (Reinforcement (IRR)).

2.  Orders C-07-813439, dated 16 July 2008, released him from the IRR and reassigned him to a JCS troop program unit (TPU), effective 16 July 2008.

3.  In an email, dated 23 July 2008, he corresponded with a staff member of the JCS pertaining to lodging in the unit and his decision that he did not want to be assigned to a TPU and wanted to stay in the IRR.

4.  Orders C-09-118-00012, dated 28 April 2009, released him from the current assignment and reassigned him to the IRR, effective 28 April 2009.  The order stated the reason as "USAR TPU No-Show from a USAR Non-Unit Category" under the authority of Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers).

5.  In a letter, dated 4 September 2009, DFAS informed him that he had incurred a debt for collection of SGLI premiums for the period April 2008 to April 2009.  The enclosed Account Statement stated his debt of $243.00 was for collection of SGLI premiums for the period August 2008 to April 2009.

6.  On 6 January 2010, in response to his inquiry, DFAS advised him that they would need a copy of his separation orders showing a different date of separation than 27 April 2009 or a copy of the form opting him out of SGLI coverage.  He paid the debt and payment was confirmed by DFAS on 24 January 2010.

7.  He was honorably discharged from the USAR on 9 March 2010.

8.  In an email, dated 1 June 2011, he requested help from a staff member of the JCS with getting his separation orders corrected as he had ended up being charged to reimburse SGLI because the Army thought he was skipping out on duty.  In a follow-up email, dated 10 June 2011, he was advised that the S-1 did not have records to amend the orders, SGLI was charged until discharge orders are cut, and his orders would not be amended.

9.  Army Regulation 140-10 covers policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers.  Paragraph 4-18 (Involuntary reassignment for failing to report to a TPU unit or individual mobilization augmentee assignment (IMA) (No-Show) states the responsible authority will reassign a Soldier from a TPU or IMA assignment to the appropriate IRR control group when the Soldier fails to report and cannot be located within 90 days after the date of reassignment.

10.  SGLI is a program of low cost group life insurance for servicemembers on active duty and Ready Reservists and cost is shared by the member and the Government.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant made an election to be reassigned to a TPU.  On 16 July 2008, orders were published reassigning him from the IRR to a TPU.  On 23 July 2008, he notified the unit that he decided he did not want to be assigned and wanted to remain in the IRR.  On 28 April 2009, orders were published releasing him from this TPU as a "No-Show."  

2.  Through no fault of his own, orders reassigning him from this unit to the IRR were not published until 27 April 2009 which declared him a No-Show under the authority of Army Regulation 140-10.  A debt was established with DFAS for SGLI premiums from August 2008 to April 2009.  He contends he paid the debt.

3.  In accordance with regulatory guidance, the responsible authority will reassign individuals who failed to report to a TPU within 90 days after the date of reassignment.  He was not reassigned until after 9 months.  The administrative error in processing and reassigning him to the IRR in a timely manner established a debt with DFAS for SGLI premiums from August 2008 to April 2009.  He should not be penalized for this action.

4.  As such, in the interest of justice and as a matter of equity, it would be appropriate to show he was reassigned from the JCS TPU to the IRR effective 23 July 2008.  It would also be appropriate to waive his debt for SGLI premiums from July 2008 to April 2009 and reimburse him the amount of $243.00 collected by DFAS.

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.  revoking Orders C-09-118-00012, issued by Headquarters, 335th Signal Command, East Point, GA, dated 28 April 2009, reassigning him from the JCS TPU to the IRR and declaring them to be of no force or effect; and

	b.  issuing orders reassigning him from the JCS TPU to the IRR effective
23 July 2008; and

	c.  directing DFAS to audit his records and reimburse to him any monies he already paid to satisfy the debt for collected SGLI premiums from July 2008 to April 2009.



      ___________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)                                         AR20110013811



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ABCMR Record of Proceedings (cont)                                         AR20110013811



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