IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013375 


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 payment of a $10,000 officer accession bonus (OAB).

2.  The applicant states that upon her enlistment in 2008, she was offered the OAB and the Student Loan Repayment Program (SLRP) as incentives.  When she completed the required training, the U.S. Army Reserve (USAR) pay center refused payment of the OAB and stated that the two incentives were not authorized for the same period of service.  However, her enlistment contract makes no such stipulation.  

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document) and allied documents
* Reserve Annex (Certificate of Acknowledgement – USAR – Service Requirements and Methods of Fulfillment)
* DA Form 5261-X (Selected Reserve Officer Accession Incentive Program – Accession Bonus Addendum)
* SLRP Addendum
* Statement of Understanding – The Montgomery GI Bill, Selected Reserve
* Exception to policy approval memorandum
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 71 (Oath of Office)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Personnel Qualification Record


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 years on 5 June 2008 as a commissioned officer candidate and agreed to serve 6 years in the Selected Reserve.  She completed various annexes or addenda in connection with this enlistment.

2.  Her Reserve Annex shows she agreed to serve as an assigned member of a troop program unit in the Selected Reserve, the 289th Support Detachment, as a commissioned officer with two incentives:  Commissioned Officer Accession Bonus ($10,000) and SLRP ($20,000).

3.  She completed an Accession Bonus Addendum that promised her payment of a $10,000 bonus to be paid in one lump sum upon successful completion of the Officer Basic Course (OBC).  

4.  She also completed an SLRP addendum that states she contracted for completion of initial active duty for training and qualification in a military occupational specialty which Headquarters, Department of the Army had approved a maximum of $20,000 in loan repayments. 

5.  She was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 4 December 2008.

6.  She entered active duty on 14 March 2010 and subsequently completed the Basic Officer Leader Course from March to July 2010.  She was honorably released from active duty on 1 July 2010.

7.  It appears at some point, she submitted an exception to policy request for payment of the OAB.  On 19 November 2010, an official at the Office of the Deputy Chief of Staff, G-1, USAR Command, approved her request.  He stated that the applicant's initial DA Form 5261-X was not an approved DA Form at the time and the written agreement memorandum must be completed for payment of the OAB.  The official instructed her unit to generate the OAB agreement and date it with the current date, then issue the applicant orders awarding her area of concentration 91A, then forward a copy of this approval memorandum to the USAR pay center.  

8.  An advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, Pentagon, on 21 October 2011.  A G-1 official recommended disapproval of the applicant's request.  The official stated that Title 37, U.S. Code (USC), section 308j is the statutory authority for the Selected Reserve OAB and prescribes the eligibility criteria.  Paragraph f states a person may not receive an accession bonus and financial assistance under chapters 1608, 1609, or 1611, of Title 10, USC, or section 302g of Title 37, USC, for the same period of service.  Section 16301 of chapter 1609, Title 10, is the statutory authority for the SLRP.  These restrictions are also included in the Department of Defense (DOD) guidance for the bonus (DOD Instruction 1205.21, and DOD Financial Management Regulation, Volume 7A, chapter 56, paragraph 560106).  Based on these restrictions, although the applicant complied with all terms of her contract, she was offered the bonus in contravention to the law.  

9.  Title 10, USC, section 308j (Affiliation bonus for officers in the Selected Reserve) 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 accept an appointment as an officer in the armed forces; and to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.  Sub-paragraph f states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of Title 10, USC, or under section 302g of this title, for the same period of service.

10.  DODI 1205-21 requires, in relation to the written agreement of the officer accession bonus, the officer to acknowledge that he/she is not receiving financial assistance under chapter 1608, 1609, or 1611 of Title 10, USC, or special pay under section 302g of Title 37, USC, and will not receive such assistance during the period of the written agreement.

11.  DOD Financial Management Regulation, Volume 7A, chapter 56, states in paragraph 560106 that a person may not receive an affiliation or accession bonus and financial assistance under Title 37, USC, section 302g or chapters 1608, 1609, and/or 1611 of Title 10, USC.

DISCUSSION AND CONCLUSIONS:

The applicant executed an enlistment in the USAR on 5 June 2008 with a stipulation she would receive a $10,000 OAB and up to $20,000 of SLRP payments.  However, by law and regulation, a member may not receive an accession bonus and financial assistance under Title 37, USC, section 302g (SLRP) for the same period of service.  Although she has complied with the terms of her contract, she appears to have been offered these two incentives in error.  As such, regretfully, she is not entitled to the requested relief.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20110013375



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ABCMR Record of Proceedings (cont)                                         AR20110013375



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