PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 April 2003
	DOCKET NUMBER:   A2002072854

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, relief from a $6,000.00 debt to the government. 

3.  The applicant states, in effect, that she incurred this debt to the government as a result of her being unable to fulfill the three year Selected Reserve Recruitment Bonus Test Program Contract she entered into with the Army.  However, she claims that this inability to complete the required service was through no fault of her own and was the result of her being reassigned to positions that were caught in the downsizing and restructuring of the Army.  As a result of Army downsizing, she was left without a slot to serve in the last year of her duty required as a bonus recipient.  She states that she requested reassignment to anywhere in order to fulfill the contracted obligations but was told by high ranking officials not to worry.  In support of her application, she submits a copy of her Selected Reserve Recruitment Bonus Test Program Contract, her discharge orders and certificate, two Officer Evaluation Reports 
(OER-DA Form 67-8), and a Service School Academic Evaluation Report 
(AER-DA Form 1059).

4.  The applicant’s military records show that on 10 August 1994, she was commissioned a first lieutenant in the Army Nurse Corps (ANC) of the United States Army Reserve (USAR); and that she served in that status until being honorably discharged on 2 October 2000.

5.  On 22 June 1994, during her entrance processing, the applicant elected to participate in the Selected Reserve Recruitment Bonus Test Program.  This program entitled the applicant to an annual bonus of $6,000.00 based on her satisfactory participation in at least 12 days of active duty for training for each year. This agreement obligated the applicant to serve in the ANC specialty of 66E (Operating Nurse) in the USAR for 3 years.  

6.  In the processing of this case an advisory opinion was obtained from the Chief, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Department of the Army (DA).  This DA personnel official states that this case was thoroughly researched, all available records were reviewed, and the applicant and representatives from the Army Reserve Personnel Command (ARPERSCOM) were interviewed.  As a result, the DA G-1 recommends that the applicant be given full relief from the $6,000.00 debt incurred as a result of her not being able to fulfill her 3 year Selected Reserve Recruitment Bonus Test Program Contract.  

7.  The DA G-1 advisory opinion further stated that the applicant’s failure to fulfill the required service obligation was through no fault of her own.  Rather, it was due to the inactivation of the applicant’s unit, her reassignment to unit without an Operating Room Nurse (66E) position, the deletion of an Individual Mobilization Augmentation position she was assigned to, and the ultimate unavailability of another unit or position requiring an Operating Room Nurse with the specialty 66E.  In addition, following an informal legal review, a general military law representative of the Office of The Judge Advocate General (OTJAG) verbally concurred with the DA G-1 assessment, noting that is was not legally objectionable to relieve the applicant of the debt.  The applicant was provided a copy of this advisory opinion in order to have the opportunity to respond and she concurred with the opinion.

8.  Memorandum, Subject:  Letter of Instruction (LOI) for changes to Army Regulation 135-7, Army National Guard and Army Reserve Incentive Program, dated 25 August 1995, was issued by the Office of the Deputy Chief of Staff for Personnel.  This memorandum provided the policy guidance for the Selected Reserve Recruitment Test Program.  Paragraph 3d provides that a service member involuntarily transferred between units of the Selected Reserve or to the Individual Ready Reserve (IRR) as a result of force structure changes or force reduction actions may, as determined by the Secretary of the Army, be eligible to receive the benefits identified under the initial incentive contracts. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that her failure to satisfy her Selected Reserve Recruitment Bonus Test Program service obligation was through no fault of her own and that she should be relieved of the $6,000.00 debt she incurred as a result.

2.  The evidence of record, as confirmed by the DA G-1 advisory opinion, shows that the applicant’s failure to complete her contracted service obligation was due to Army downsizing that resulted in the inactivation of the applicant’s initial USAR unit, her reassignment to a unit not authorized her specialty, the elimination of an IMA position she was assigned to, and the ultimate unavailability of a unit that was authorized Army Operating Room Nurse for her to be reassigned to. 

3.  In view of the facts of this case, the recommendation of the DA G-1 and the LOI it appears that the identification of the applicant’s bonus for recoupment action was in error.  Accordingly, the record should be corrected to show that the recoupment of her $6000.00 bonus was erroneous as well as any accrual of interest is in error and should be removed from her record.

4.  Any erroneous collection action should be terminated and reimburse to her any portion of the debt that may have been already collected. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

a.  amending the applicant’s Selected Reserve Recruitment Bonus Test Program Contract to show that she satisfied the service obligation under the original terms of Selected Reserve Recruitment Bonus Test Program Contract as an Army Nurse;

b.  by showing that the recoupment of her $6000.00 bonus and interest accrued on the debt was in error;  

c.  by suspending collection of the $6,000.00 debt she incurred as a result of not completing the initial 3 year service obligation; and by reimbursing her any portion of the debt and/or interest on the debt that has already been collected. 

BOARD VOTE:  

___js____  ___bpi __  ___tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072854	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  293	128.1000	
2.		
3.		
4.		
5.		
6.