IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023062 


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 she enlisted in the U.S. Army Reserve (USAR), on 
20 May 2009, as an 09S (Officer Candidate).  The master sergeant (MSG)/E-8 who created and signed her contract with the Army explicitly explained to her, as proven by his signature in her contract, that she would receive payment of loans under the Student Loan Repayment Program (SLRP) in the amount of $20,000 and a $10,000 OAB.  Both of these, as very clearly stated in her contract, would be awarded upon completion of Initial Entry Training (IET), which included basic, Officer Candidate School (OCS), and the Basic Officer Leaders Course (BOLC).  

3.  She states, in effect, she successfully completed all three schools as of 
28 July 2010, graduated at the top of her class, and received awards at all three schools.  She has absolutely done her part to earn what was clearly stated in her contract.  Upon completion of IET she submitted her paperwork; however, she was denied the OAB and $10,000 under the SLRP.  After filing a Congressional Inquiry she was awarded the full amount under the SLRP.  They gave her the student loan payments late the first year, which reduced the amount they should have paid to the loan company by $1,500 and she was still denied her OAB. Upon filing a second Congressional Inquiry she was advised by the Congressman's Office that U.S Code (USC) forbids an officer from receiving both an OAB and SLRP.


4.  The applicant states, in effect, a 21-year-old, civilian, signing a contract with a representative of the United States Army would not know to look up Title 37, USC, section 308j to verify that the Army representative was telling her the truth.  She does not know whether he knew he was incorrect or whether he was ignorant of the process involved with enlisting Soldiers, however, she was not given the choice of choosing between the SLRP and the OAB.  As her contract clearly states, she was told she would receive both the OAB and the SLRP upon successful completion of IET.  It is severely unjust for the Army to fail to fulfill and comply with the terms of a contract that an enlistment official signed on its behalf.

5.  The applicant provides:

* DA Form 5261-X (Selected Reserve Incentive Program - Accession Bonus Addendum), dated 20 May 2009
* DA Form 5261-4 (SLRP Addendum), dated 20 May 2009
* DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment), dated 20 May 2009
* DA Form 1059 (Service School Academic Evaluation Report), dated 
23 July 2010
* Privacy Release Forms, dated 13 January and 5 August 2011
* Congressional Correspondence, dated 31 October 2011
* Response to an Advisory Opinion, dated 13 March 2012
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 years on 20 May 2009 as a commissioned officer candidate and agreed to serve 6 years in the Selected Reserve.  She completed various annexes and addenda in connection with this enlistment.

2.  Her DA Form 3540, dated 20 May 2009, shows she agreed to serve as an assigned member of a troop program unit in the Selected Reserve, Headquarters and Headquarters Company, 304th Civil Affairs Brigade, as a commissioned officer with two incentives:  the Commissioned OAB in the amount of $10,000 and payment of $20,000 under the SLRP.

3.  She completed a DA Form 5261-X, dated 20 May 2009 that promised her 
payment of a $10,000 bonus, which was to be paid in one lump sum upon successful completion of the Officer Basic Course.  

4.  She also completed a DA Form 5261-4, dated 20 May 2009, 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 for a maximum of $20,000 in loan student loan repayments. 

5.  She was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an Oath of Office on 25 February 2010.

6.  On 9 May 2010, she entered active duty and subsequently completed BOLC in July 2010.  She was honorably released from active duty on 28 July 2010.

7.  It appears that upon completion of IET she submitted a request for payment of the OAB and payment of loans under the SLRP; however, she was denied the OAB and she was also denied $10,000 under the SLRP.  After filing a Congressional Inquiry she was granted full payment of $20,000 under the SLRP; but she was denied the OAB.  She filed an additional Congressional Inquiry for payment of the $10,000 OAB and received a letter of reply from her Congressman's Office stating USC forbids an officer from receiving both an OAB and SLRP.

8.  An advisory opinion obtained from the Department of the Army, Office of the Deputy Chief of Staff, G-1, dated 13 February 2012 recommended disapproval of the applicant's request for payment of the OAB.  The official stated that Title 37, 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 (DODI) 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.  On 13 March 2012, the applicant replied to the advisory opinion, stating essentially, that she disagreed with the opinion and emphasized her firm belief that the Army signed a contract and should honor the terms set therein.

10.  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.

11.  DODI 1205-21 requires, in relation to the written agreement of the OAB, the officer to acknowledge that 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.

12.  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 under the SLRP.  However, by law and regulation a member may not receive an OAB 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)                                         AR20110023062



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ABCMR Record of Proceedings (cont)                                         AR20110023062



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