IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110014295 


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 reinstatement of her Critical Service Reenlistment Bonus (CSRB) in the amount of $20,000.00.

2.  The applicant states:

* she was not initially aware of how the Military Technician (MILTECH) position would affect her bonus
* she was not in the position to decline a job after 10 months of unemployment
* she was rated as a superior in her military occupational specialty (MOS) field
* she was and still is willing to deploy at any time
* she is willing to accept the recoupment of her bonus during the 6 months held as a MILTECH
* she continues to serve in the Army Reserve and would love to stay longer
* she still holds the critical MOS.  

3.  In a letter, dated 5 July 2011, she states:
 
	a.  in October 2008 she was granted a CSRB for MOS 92Y (unit supply specialist) in the amount of $20,000.00.  At that time she was an E-8 Reserve instructor with the 80th Training Command in Lodi, NJ for the 92Y course and a GS-11 civilian, program analyst at Fort Monmouth, NJ.  Her husband, a Department of the Army civilian, accepted a job in Germany and they moved.  In Germany, she was on leave without pay for 6 months while in search of another civilian position.  

   b.  she was offered a MILTECH position and started on 21 July 2010.  A month later, she noticed her Reserve pay was being garnished and she realized she had forfeited her bonus.  Although she knew she was in breach of her CSRB, she was not in the financial position to quit her job so she continued her search for a non MILTECH position.  In December 2009 she was offered a full-time Department of the Army civilian position and she accepted with a start date of 
18 January 2011.    

	c.  she requested an exception to policy for reinstatement of her CSRB but her request was disapproved.

	d.  she is requesting an exception to policy based on the following information:

		(1) the MILTECH bonus clause is severely outdated.  Soldiers deploy as MILTECHs all the time; she has seen it done for many years.  MILTECHs should have the same opportunities as all Reservists.

		(2) She was not in the financial position to decline a position.  She moved to a new location and was without a job for over 6 months.

		(3) She served in the MILTECH position for less than 6 months.  Upon realizing she was in breach of contract, she searched for another position.

		(4) She has served in the Army Reserve for 18 years of her 21 years total service.  She is a proud Soldier and continues to serve her country with honor.  She is and has always been considered an outstanding Soldier and leader of Soldiers.

		(5) At no time did she change her status from non-deployable. 

4.  The applicant provides:

* Memorandum, dated 1 April 2011, from her current unit commander
* Original exception to policy request, dated 21 March 2011
* Two Standard Form (SF) 50 (Notification of Personnel Action)
* Emails from the U.S. Army Reserve Command, G-1


 
CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the Regular Army, and inactive service in the U.S. Army Reserve (USAR) and Army National Guard, the applicant enlisted in the USAR on 15 May 1998 for a period of 6 years.  

2.  The applicant's service personnel records do not contain any subsequent enlistment/reenlistment documents/contracts.  

3.  She was promoted to master sergeant on 1 June 2009.
  
4.  She provided two SF 50s, dated 18 July 2010 and 16 January 2011, for civilian employment positions in Germany.     

5.  On 21 March 2011, she submitted a request for exception to policy for reinstatement of her CSRB.  She stated:

* In October 2008 she accepted a CSRB as a 92Y
* Her bonus was forfeited when she accepted a MILTECH position in July 2010
* At the time she accepted the position, she was unaware she would lose her bonus
* Upon discovering she would forfeit her bonus she searched and obtained a non MILTECH position
* She is no longer a MILTECH and she only accepted the position for less than 6 months
* She has continued to honor her Army Reserve obligation as a full-time Department of the Army civilian
* She would like to have her CSRB reinstated because she met all obligations of the bonus even while serving as a MILTECH
* She would like to continue to serve out the 3-year bonus obligation as required 

6.  On 31 May 2011, via email, she was informed by the Incentives Branch, USARC [U.S. Army Reserve Command], G-1 that:

* she forfeited her incentives when she accepted the MILTECH position
* that office has no authority to approve her request for exception to policy
* she was a master sergeant in the USAR and she should have read the contract


7.  In support of her claim, she provided a memorandum, dated 1 April 2011, from her current unit commander which states:

	a.  he requests her CSRB be reinstated under the terms of her original contract.

   b.  she is still serving in the Army Reserve as a current Troop Program Unit (TPU) Soldier assigned to his command.

	c.  she initially received her CSRB while assigned as a TPU Soldier with the 8/80th Training Division in Lodi, NJ in October 2008.  She transferred to this unit (7th Civil Service Command (CSC)) in July 2010 as a 92Y.  She then accepted a MILTECH position with the 7th CSC which lasted less than 6 months and has now converted back to a TPU position.  She is serving in her original MOS 92Y. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she reenlisted in the USAR in 2008 for a period of 
3 years for a CSRB (MOS 92Y) in the amount of $20,000.00.  

2.  Although her 2008 reenlistment contract is not available, it appears she forfeited her CSRB when she accepted the MILTECH position in July 2010 in Germany.

3.  She contends she knew she was in breach of her CSRB but she was not in the financial position to quit her job.  

4.  Her remaining contentions and the supporting documentation were carefully considered.  However, by her own admission she breached her 3-year bonus obligation.  As a result of the breach of the applicant's reenlistment contract, she forfeited the CSRB.  Therefore, there is no basis 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)                                         AR20110014295





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ABCMR Record of Proceedings (cont)                                         AR20110014295



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