IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016817 


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 a waiver of recoupment of his Officer Affiliation Bonus (OAB) which he received as a U.S. Army Reserve (USAR) officer. 

2.  The applicant states 

	a.  He received a USAR Troop Program Unit (TPU) Affiliation Bonus.  His unit, Unit Identification Code (UIC) WQ5AY1 was inactivated. There should have been a USAR Form 27-R and Commander's approval to end the Affiliation requirement without recoupment of the bonus.  The Written Agreement Officer Affiliation Acknowledgement signed and dated by him, the Career Counselor, and the witnessing official states in paragraph 4b the exception to recoupment.   

	b.  In October 2012, Mr. M---er, Unit Administrator, 633rd Quartermaster Battalion, ordered all assigned to UIC WQ5AY1 return to their assigned units.  This action ended his obligations under the Affiliation Bonus as his unit was inactivated.  There were no positions available.  Mr. M---er should have sent a USAR Form 27-R and commander's approval to end the affiliation requirement without recoupment.  He apparently did not.  USAR Pamphlet 600-5 Item #T-77 and 84 covers Involuntary Transfer to the Individual Ready Reserve (IRR).  Despite the unit not following this procedure, he signed electronically a DA Form 4651-R (Request for Reserve Component Assignment or Attachment) for involuntary reassignment to the IRR and sent it to Mr. M----er, along with another 4651-R asking to be attached to the 633rd for retirement points (and SGLI entitlement).  

	c.  He sent these documents forward and continued to fully participate with the unit (Yellow Ribbon, flu shot and dental checkup).  Concurrently, per USAR Pamphlet 600-5 Item #T- 83, he had submitted 9 months prior his application for retirement.  This application went straight to USARC after unit approval.  It sat there (he did check on it for completeness and was told it would be processed two weeks before his retirement date).  There was no action taken on his two IRR transfers.  He understands the unit had extraordinary problems with a change of email and other systems to the Enterprise servers.  His retirement orders were approved effective 12 December 2012.  The inaction by the unit created an out of service debt sent to the Defense Finance and Accounting Service (DFAS).  

	d.  He is requesting relief from this debt based on his written agreement, his demonstrated willingness to perform the duty and the failure of the unit to process the personnel action that would have cleared him of the debt and allowed his continued service.  The earlier personnel action (involuntary transfer to the IRR) should have been completed before the retirement action was effected.  He is willing to work with whomever to remove this debt which was not of his making.  The challenge has been compounded by it becoming an out of service debt, with no means to resolve except by application to this agency. This is a systemic issue that places a burden on Soldiers, DFAS and the Army Review Boards Agency.

3.  The applicant provides:

* Written Agreement – Officer Affiliation Bonus Acknowledgment
* USAR Pamphlet 600-5
* DA Form 4651
* Transfer to the Retired Reserve orders

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born in June 1954. 

2.  Having had prior service, he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 9 September 1983. 

3.  He served in a variety of stateside or overseas assignments as a TPU officer with multiple periods of mobilizations and he was promoted to colonel (COL) on 9 March 2005. 

4.  On 31 May 2011, he, a service representative, and a witnessing official executed a Written Agreement – Officer Affiliation Bonus Acknowledgment document.  He acknowledged:

* he agreed to serve in the Selected Reserve (SELRES) in a critical officer skill, unit, or pay grade that is designated for bonus entitlement by the Secretary of the Army or his designee
* he agreed to serve in the Selected Reserve for not less than 3 years, the full period of this agreement 
* he would receive a bonus of $6,000 paid in one lump sum upon his assignment to the designated position 
* if he failed to complete the service obligation incurred under this agreement for certain reasons, recoupment of the bonus would occur as stipulated in this agreement
* one of the reasons is involuntary separation from the Selected Reserve unless due to unit inactivation, unit relocation, unit reorganization, or DOD-directed reduction in the Selected Reserve force

5.  He was assigned as a logistics officer to the 633rd Quartermaster Battalion, Sharonville, OH, a TPU of the USAR.

6.  On 2 November 2012, he submitted a DA Form 4651 requesting attachment to another unit.  He cited the reason as his involuntary transfer to the IRR. 

7.  On 10 December 2012, Headquarters, 88th Regional Support Command, Fort McCoy, WI published Orders 12-338-0066 transferring him to the Retired Reserve effective 10 December 2012 (amended to 11 December 2012).   

8.  On 9 January 2013, the U.S. Army Human Resources Command published Orders C01-390238 placing him on the Retired List in his retired grade of COL effective 8 January 2013. 

9.  His Officer Record Brief shows his date of projected mandatory retirement was 1 October 2013.

10.  An advisory opinion was received on 21 November 2014 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  A G-1 official recommended approval of the applicant's request.  The G-1 official stated: 

	a.  In order to be eligible for the SELRES Officer Affiliation Bonus an officer must meet Department of the Army eligibility criteria published in All Army Activities Message 017/2005 and the current USAR Selected Reserve Incentive Program (SRIP) announcement in effect on the date the officer transfers or agrees to transfer to a USAR TPU position vacancy.  In addition, the officer must sign an agreement to serve in a critically short officer area of concentration (AOC) listed in the current USAR SRIP announcement.  

	b.  The applicant met the eligibility requirements for the Officer Affiliation Bonus when he signed the bonus agreement and was assigned to the 633rd Quartermaster Battalion, Petroleum Supply Detachment 1 (UIC: WVQ5YA).  Paragraph 2a of the bonus agreement stipulates that the officer's service obligation is for a period of not less than three years and the officer agrees to serve the full period in the SELRES, meaning service in a TPU of the USAR.  Paragraph 2b of the bonus agreement stipulates the officer agrees to serve satisfactorily for the complete affiliation period in the SELRES of the USAR and in the critical skill, unit or grade in which affiliated, unless excused for the convenience of the government.  Paragraph 4b provides an acknowledgment by the officer that recoupment will occur if he or she fails to commence or complete the incurred service obligation due to involuntary separation from the SELRES unless as a result of unit inactivation, unit relocation, unit reorganization, or a DOD-directed reduction in the SELRES force.

	c.  The G-1 office contacted the Army Reserve G-1 and confirmed that the applicant's TPU was inactivated at the end of September 2012.  Due to the applicant's grade there was no USAR TPU position vacancy to which he could be assigned.  Accordingly, he was required to be transferred from the SELRES of the USAR to either the IRR (USAR Control Group (Reinforcement)) or the Retired Reserve as a result of his unit's inactivation.  

11.  The applicant was provided with a copy of this advisory opinion.  He concurred. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant agreed to serve 3 years in a critical skill and/or unit of the SELRES by signing a written agreement on 31 May 2011.  In exchange for serving the full term, he was promised a $6,000 affiliation bonus. 

2.  The applicant's TPU was inactivated at the end of September 2012.  Due to the applicant's grade there was no USAR TPU position vacancy to which he could be assigned.  Accordingly, he was required to be transferred from the SELRES of the USAR to either the IRR or the Retired Reserve as a result of his unit's inactivation.  

3.  Had it not been for the inactivation, it is reasonable to presume the applicant would have served the agreed years of service.  He should not be penalized for his unit's activation.  Therefore, he should be entitled to the requested relief. 

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:

* showing the applicant submitted a request for waiver of the debt (in the amount of $6,000)
* showing the USARC G-1 timely received and approved his request for waiver of the debt
* auditing his pay records and paying him any monies due as a result of this correction



      _______ _   _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)                                         AR20140016817





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ABCMR Record of Proceedings (cont)                                         AR20140016817



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