IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110009296
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, his military records be corrected to show he did not sign an Officer Accession Bonus (OAB) Addendum.
2. The applicant states:
a. he wants the OAB he received on his initial entry contract nullified and removed from his record so he can receive assistance under the Student Loan Repayment Program (SLRP).
b. on his initial entry contract he received an OAB and SLRP entitlement.
c. according to the OAB Addendum it states "I am not currently receiving financial assistance under chapters 1608, 1609, 1611." However, the SLRP falls under chapter 1609. As a result, he cannot receive SLRP as long as the OAB is available. He was not told this when he signed the agreement.
3. The applicant provides:
* OAB Addendum
* SLRP Addendum
* Email from the Army Reserves Education Program, G-1
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 16 September 2009 for a period of 6 years.
2. On 16 September 2009, he signed a Selected Reserve Officer Accession Incentive Program - Accession Bonus Addendum. The addendum shows he would receive a bonus of $10,000.00 paid in one lump sum upon successful completion of the officer basic course (OBC). This addendum also states "I am not currently receiving financial assistance under CHAPTERS 1608, 1609, 1611, 2107, OR 2107A OF TITLE 10, UNITED STATES CODE, OR SPECIAL PAY UNDER SECTION 302G OF TITLE 37, UNITED STATES CODE, and will not receive such assistance during the period of this agreement."
3. He also signed a SLRP Addendum on 16 September 2009 for $20,000.00 in loan repayments.
4. He was appointed as a second lieutenant in the USAR on 10 June 2010.
5. He completed the Military Police Basic Officer Leader Course (BOLC) on
10 November 2010.
6. He provided an email, dated 28 January 2011, from the Army Reserve G-1, Education Programs, Soldier Support Branch. This email states he could not receive the SLRP and OAB because the SLRP falls under Chapter 1609 of Title 10, U.S. Code.
7. An undated memorandum from the Defense Finance and Accounting Service (DFAS) in Indianapolis, IN states:
* That office is unable to take action to administratively provide the relief sought but recommends approval of the applicant's request
* He signed his contract on 16 September 2009 with authorization of an OAB as well as SLRP
* The addendum in this contract states that one cannot receive both a bonus and SLRP
* This was not brought to the attention of the applicant until after he had begun his duties
* No bonus has been posted to the pay record and no payment has been issued
8. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to: (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated for a period specified in the agreement.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the OAB he received on his initial entry contract be nullified and removed from his record so he can receive assistance under the SLRP.
2. The evidence of record confirms he signed an OAB Addendum that authorized him to receive a $10,000.00 accession bonus in conjunction with his successful completion of OBC. He completed the Military Police BOLC on
10 November 2010.
3. He also signed a SLRP Addendum for $20,000.00 in loan repayments.
4. Since he cannot receive both a bonus and SLRP, and DFAS confirmed no bonus has been posted to his pay record and no payment has been issued, it would be appropriate to correct his records to show he did not sign an OAB Addendum per his request.
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 he did not sign an OAB Addendum.
_______ _ __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.
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