IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20110022361 


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 correction of her record to show she is eligible for both:

	a.  payment of a $10,000 Officer Accession Bonus (OAB) she was guaranteed when she entered military service in 2008; and 

	b.  participation in the Student Loan Repayment Program (SLRP) for a maximum amount of $20,000.

2.  She states that when she signed her contract for enlistment in the U.S. Army Reserve (USAR) on 26 June 2008 she was advised that she was eligible for both the OAB and the SLRP as part of the terms of her enlistment.  She contends she was never informed that she had to choose between the two enlistment incentives and attests that she has not received either of the benefits to date.  She concludes that her enlistment contract and associated addenda serve as proof that she is contractually eligible to receive both the OAB and repayment of her education debt under the provisions of the SLRP.

3.  She provides:

* DA Form 3540 (Certificate and Acknowledgment - USAR Service Requirements and Methods of Fulfillment)
* DA Form 5261-X (Selected Reserve Officer Accession Incentive Program – Accession Bonus Addendum)
* DA Form 5261-4 (Student Loan Repayment Program Addendum)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* DA Form 71 (Oath of Office - Military Personnel)
* DA Form 1059 (Service School Academic Evaluation Report)
* Three screenshots from the Web-Enabled Education Benefit System (WEBS)

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the USAR in the rank of first lieutenant.

2.  On 26 June 2008, the applicant enlisted in the USAR for a period of 8 years; with an agreement to serve 6 years as an assigned member of a troop program unit (TPU) in the Selected Reserve (SELRES) and 2 years as an assigned member of the Individual Ready Reserve under the commissioned officer candidate program.  Her record contains and she also provides the following forms that she completed on that date which indicate she was entitled to both an OAB in the amount of $10,000 and participation in the SLRP for a maximum amount of $20,000:  DA Form 3540, DA Form 5261-X, DA Form 5261-4, and   DD Form 1966.

3.  Her DA Form 5261-X was authenticated by herself and a witnessing official and shows that under the authority of Section 308j of Title 37 U.S. Code (USC) the criteria for her eligibility for the OAB were as follows:

	a.  agree to accept an appointment as an officer in the armed forces to serve in the SELRES in a critical officer skill that was designated for bonus entitlement by the Secretary of the Army.

	b.  she was not accepting an appointment as an officer serving in the SELRES for the purpose of qualifying for a military technician position where membership in a reserve component is a condition of employment or an Active Guard Reserve (AGR) position.

	c.  she was not being accessed for continuous active duty service.

	d.  she possessed a skill designated by the Secretary of the Army for bonus entitlement or she agreed to accomplish the necessary training prescribed by the Secretary concerned to achieve the designated skill within 36 months of appointment.

	e.  she was not currently receiving financial assistance under Chapters 1608, 1609, 1611, 2107, or 2107A of Title 10 USC, and would not receive such assistance during the period of this agreement.

	f.  she would receive a bonus of $10,000 paid in one lump sum upon her successful completion of the Officer Basic Course (OBC).

4.  Her DA Form 5261-4 was authenticated by herself and a witnessing official and shows that she contracted for participation in the SLRP under the authority of Section 16301, Title 10 USC, and section 552a, Title 5 USC.

5.  On 25 June 2009, the applicant was appointed as a Reserve Commissioned Officer in the rank of second lieutenant.

6.  On 16 December 2010, she successfully completed the Adjutant General OBC.

7.  The applicant provides three screenshots from the WEBS which show her SLRP contract was terminated due to the fact that she had elected to receive the OAB and she was not entitled to receive both.

8.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1.  The advisory official recommended disapproval of the applicant's request.  The official states:

	a.  Title 37, U.S. Code, section 308j is the statutory authority for the SELRES OAB and prescribes eligibility criteria.  Paragraph 308j(f) indicates a person may not receive an accession bonus and financial assistance under Title 10 USC, chapters 1608, 1609, or 1611 or under Title 37 USC, section 302g for the same period of service.  These restrictions are also included in Department of Defense (DoD) guidance for the bonus (DoD Instruction 1205.21, Enclosure 15 and DoD Financial Management Regulation Volume 7A, Chapter 56, Paragraph 560106, All Army Activity Message 017/2005, and the bonus agreement that the applicant signed.

	b.  Chapter 1609, Title 10 USC includes section 16301, which is the statutory authority for the SLRP.  Accordingly, it is unlawful for the applicant to receive money for the SLRP and the SELRES OAB while simultaneously completing the service obligations for each incentive.

	c.  The office of the advisory official contacted the Defense Finance and Accounting Service-Fort McCoy, WI, on 6 February 2012 and verified the applicant had not yet received any payments for the SELRES OAB.  Additionally, the USAR Command informed the office of the advisory official that the applicant's contract for the SLRP was terminated in July 2011 because of her contract for the SELRES OAB.  Therefore, while the applicant is not eligible for the SLRP, she is fully qualified to receive the SELRES OAB at this time.

	d.  Based upon the above, the advisory official recommended disapproval of the applicant's request to receive both the OAB and participate in the SLRP simultaneously.  While the applicant has complied with all terms of the contract presented to her by the recruiter, she was concurrently offered the SLRP incentive and SELRES OAB, in contravention with law and DoD and Army policy.

9.  A copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  The applicant did not submit a response.

10.  A member of the staff for the Army Board for Correction of Military Records (ABCMR) contacted the applicant to determine which enlistment incentive she preferred if afforded an opportunity to choose either the $10,000 OAB OR the $20,000 SLRP.  The applicant stated she would prefer to have the $10,000 OAB.

11.  Title 37, U.S. Code, section 308j(f) states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under Title 10, U.S. Code, chapters 1608, 1609, or 1611, or under section 302g of this title, for the same period of service.

12.  Title 10, U.S. Code, 16301, is the statutory authority for the SLRP serving in the Selected Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant signed a written agreement for a $10,000.00 OAB and $20,000.00 in loan repayment (SLRP) at the time of her appointment in the USAR on 26 June 2008.

2.  She contends the SLRP portion of her contract was wrongfully terminated due to the fact that she had also contracted for the OAB.

3.  By law, a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under Title 10, U.S. Code, chapters 1608, 1609, or 1611, or under section 302g of this title for the same period of service.

4.  Since a Soldier may not receive an OAB and the SLRP for the same period of service, the applicant was not eligible for the SLRP and her SLRP contract was terminated accordingly.

5.  Evidence shows the applicant has not received any payment of the OAB.  When contacted by an ABCMR staff member, the applicant indicated her preference for the OAB in lieu of the SLRP.

6.  In view of the foregoing, the applicant's record should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she properly contracted only for a $10,000 OAB as a term of her enlistment and that she is fully qualified for payment of this incentive.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to authorizing the applicant to participate in the SLRP.  



      _______ _   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)                                         AR20110022361





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ABCMR Record of Proceedings (cont)                                         AR20110022361



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