IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20110020775 


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, correction of her military records to show she remained entitled to her reenlistment bonus.

2.  The applicant states she was advised that she could retire, find a new unit with a qualifying position, be assigned to the Individual Ready Reserve (IRR), or take a reduction in rank.  She immediately tried to secure a position in another unit.  Unfortunately, nothing came of her efforts and she was involuntarily transferred to the IRR.  In February 2011, she was contacted about a debt to the U.S. Government.  She initially thought it was for government equipment that should have returned to her former unit.  However, after pursuing the issue for awhile she found out the debt was due to her reenlistment bonus being recouped.  She contends that she should not have to pay this debt because she was not at fault.  

3.  The applicant provides copies of:

* DA Form 3508 (Application for Remission or Cancellation of Indebtedness)
* Letter from Department of the Treasury, Financial Management Service, dated 3 October 2011
* Letter from the Defense Finance and Accounting Service (DFAS), dated 28 July 2011 with three monthly billing statements
* Email communication, United States Army Reserve (USAR) Division East, dated August 2010
* DA Form 4856 (Developmental Counseling Form), dated 10 July 2010
* Memorandum, 72nd Field Artillery Brigade, dated 14 June 2010
* Email communication between the applicant and a Sergeant Major, USAR, dated in September 2010
* DD Form 4/1-4/2 (Enlistment/Reenlistment Document), dated 3 March 2007
* DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Requirements and Methods of Fulfillment) - Annex A, dated 3 March 2007
* DA Form 5261-2 (Selected Reserve Incentive Program - Reenlistment/Extension Bonus Addendum), dated 3 March 2007
* DD Form 4/1-4/2 with attachments, dated 6 April 2001

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was a member of the IRR.  On or about 26 January 2012, she was voluntarily assigned to the Office of the Chief Army Reserve.

2.  A DD Form 4/1, dated 3 March 2007, shows the applicant, a master sergeant, pay grade E-8, reenlisted in the USAR for an indefinite period. 

3.  A DA Form 5261, dated 3 March 2007, indicates the applicant held military occupational specialty (MOS) 42L5PF5OO, which was an approved bonus MOS that correlated to the position for which she had reenlisted.  She acknowledged that she was required to serve the entire "indefinite" period of service in a Selected Reserve unit, satisfactorily, as prescribed by Army regulations and this agreement, unless excused for the convenience of the Government.

4.  A DA Form 3540 indicates the applicant reenlisted for a bonus in the amount of $7,500.00 based on her indefinite term of service.

5.  In a memorandum, dated 14 June 2010, the applicant was notified by her company commander that she was no longer assigned to a valid unit position.  Retention in an overstrength status was not authorized.  The commander informed her that he was suspending any action for a period of 45 days to allow her an opportunity to exercise her options of either transferring to another unit that had an authorized position, or be reassigned to the IRR.

6.  Orders 10-252-00023, 99th Regional Support Command, Fort Dix, New Jersey, dated 9 September 2010, released the applicant from the 72nd Field 


Artillery Brigade and assigned her to the IRR.  This was a mandatory action due to overstrength.  The effective date of the action was 8 October 2010.

7.  On 17 September 2010, the 99th Regional Support Command issued another set of orders directing the applicant's identical reassignment as discussed in the preceding paragraph, but with an effective date of 16 October 2010.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Incentives Branch, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington, DC.  The opinion referred to a Principal Deputy Under Secretary of Defense (PDUSD) Memorandum, subject: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends, dated 21 May 2008.  Paragraph 4 of the PDUSD states: "Repayment will not be sought and the Secretary concerned will not pay any remaining unpaid portion of pay or benefits under the following circumstances…the member's military specialty or assignment is otherwise affected by a force structure or other mission essential requirement."  The PDUSD memorandum is clear in that the intent is not to penalize members who are adversely impacted by changes in unit structure that make their MOS overstrength or no longer needed.  Accordingly, the advisory opinion recommended that the applicant be granted relief by cancelling any bonus-related debt.

9.  On 13 March 2012, the applicant responded to the advisory opinion wherein she indicated her understanding of its contents.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, her military records should be corrected to show she remained entitled to her reenlistment bonus.

2.  The evidence of record clearly shows the applicant was mandatorily reassigned to the IRR based on her position becoming overstrength.

3.  In accordance with the PDUSD memorandum and the recommendation of the Deputy Chief of Staff, G-1, it would be appropriate to correct the applicant's military records to show she remained entitled to her reenlistment bonus.

4.  In view of the above, the applicant's request should be approved.





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.  showing the appropriate authority approved the applicant’s retention of entitlement to her reenlistment bonus;

	b.  voiding any debt that she may have incurred as a result of her mandatory reassignment to the IRR; and

	c.  auditing her military finance account and repaying her all monies she may have already paid towards the subject debt.




      _______ _  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)                                         AR20110020775



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ABCMR Record of Proceedings (cont)                                         AR20110020775



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