PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           4 November 2003                   
	DOCKET NUMBER:  AR2003087155

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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, that her $6,585.74 debt to government be declared invalid.   

3.  The applicant states, in effect, that after learning that her chances for promotion to lieutenant colonel (LTC) were very low, she chose to resign from the United States Army Reserve (USAR).  She states that her Personnel Management Officer (PMO) at the Army Reserve Personnel Command (ARPERSCOM) advised her that the simplest way to do this would be to revoke her USAR appointment orders.  She took this advice and her appointment orders were revoked on 10 June 2002.  Subsequent to this action, she received letters in November and December 2002 that indicated that she was still in the Individual Ready Reserve (IRR).  In January 2003, she received a letter of indebtedness from the Defense Finance and Accounting Service (DFAS) that indicated that she owed the government $6,585.74 for funds paid to her for service she performed after her separation date.  

4.  The applicant states that she does not believe she should have to pay back the money she earned during the six months she served in the USAR.  She states that her situation is a bit unusual in that she was discharged from the USAR on 30 November 1993, after seven years of active duty service and 
14 years of service in the USAR.  Although she had 17 years of commissioned service, at that time she only had 11 years of qualifying service for retired pay purposes.  On 11 November 2001, she joined a Troop Program Unit (TPU) in the USAR and drilled with that unit from January 2002 through May 2002.  She claims that it was not until June 2002 that she discussed her situation with her PMO and it was determined that it was not likely that she would ever complete the requirements necessary to be promoted to LTC.  Further, this would prevent her from completing enough service for retirement and as a result, she decided to resign.  She claims that it was her intent to resign and she did not realize that revoking her appointment would bring with it the burden of paying back money she already earned based on her service in the TPU.  

5.  The applicant states that when she last called her PMO he also did not realize the consequences of the action they had taken.  She states that based on the facts and circumstances surrounding her separation, she does not believe she is at fault for the incorrect administrative action taken to revoke her appointment instead of processing a resignation.  In support of her application, she provides letters from members of the chain of command that confirm she served and performed drills with a TPU during the period January through May 2002.  

6.  The applicant’s military records show that she served in various active and inactive statuses as a commissioned officer of the USAR between 23 August 1979 and 30 November 1993, at which time she was honorably discharged.  

7.  On 27 November 2001, she was appointed a major in the USAR and she was assigned to the 914th Combat Support Hospital (CSH), Blacklick, Ohio.  She served in this TPU and met all drill and active duty for training requirements for the unit during this period.  On 10 June 2002, orders were published that revoked the applicant’s appointment orders.  

8.  On 10 January 2003, the applicant was notified in a DFAS letter that she was indebted to the government in the amount of $6,585.74 as a result of receiving pay and allowances during periods past her official date of separation.  

9.  Letters from the former and current commander of the 914th CSH and the 
Chief Nurse who supervised the applicant at the TPU were provided in support of her application.  These letters all confirm that the applicant was assigned to the 914th CSH on 27 November 2001 and that she attended all required drills and annual training until being separated on 10 June 2002.  

10.  The ARPERSCOM PMO referred to by the applicant contacted a member of the Board staff and confirmed that he had incorrectly advised the applicant that the best way for her to end her military affiliation was to revoke her appointment orders and not to go through the resignation process.  He admits that at the time he gave this advice he did not understand that it would result in the applicant being indebted to the government for the TPU service she actually performed.  He also indicated that he attempted to resolve the problem administratively at his command, but could not.  As a result, he recommended that the applicant apply to this Board for relief.  

CONCLUSIONS:

1.  The applicant’s claim that it is unjust for her to have to pay back money she earned while performing duties in her TPU has been carefully considered and it is found to have merit.  

2.  The evidence of record confirms that the applicant was properly appointed in the USAR on 27 November 2001 and that she was an active member of a TPU between 27 November 2001 and 10 June 2002, and that she attended all required drills and annual training during this period.  

3.  The record also confirms that the applicant took the action that resulted in her indebtedness based on the advice of her PMO, who has subsequently admitted the advice was incorrect and should not have been given.  
4.  It is clear the applicant performed all the required duties and attended all drills and annual training required with her TPU during the period 27 November 2001 through 10 June 2002.   Therefore, it would be inappropriate and unjust to require her to repay money she legitimately earned in good faith.  

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

RECOMMENDATION:

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

a.  reinstating the 27 November 2001 appointment in the USAR of the individual concerned by revoking Orders Number C-01-202337R, dated 10 June 2002; 

b.  showing that she was instead honorably discharged from the USAR on 10 June 2002, by reason of voluntary resignation; 

c.  showing that she was entitled to the pay and allowances she received during the period 27 November 2001 through 10 June 2002, for service she performed in the 914th CSH, Blacklick, Ohio.  

2.  That DFAS records be corrected to show that her $6,585.74 debt to the government was never valid and reimbursing her any portion of the debt that may have already been collected.  

BOARD VOTE:  

FE___  __GW___  __AU ___      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn
		CHAIRPERSON

INDEX

CASE ID	AR2003087155	
SUFFIX		
RECON		
DATE BOARDED	2003/11/	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  293	128.1000	
2.		
3.		
4.		
5.		
6.