BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20120002362 


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 that he not be held liable for $5,000.00 in recoupment of his Officer Accession Bonus (OAB).  The applicant later amended his request to correct his military personnel records by terminating his Student Loan Repayment Program (SLRP) in order to retain his OAB.

2.  The applicant states:

	a.  During his attendance at the Montana Army National Guard (ARNG) Officer Candidate School (OCS) he was told his SLRP would discontinue upon receiving his commission and therefore make him eligible for the OAB.

	b.  He understood he was sacrificing his SLRP for the OAB, signed the necessary paperwork to receive $10,000.00 for the OAB, stopped submitting SLRP paperwork, and never took any money from the SLRP.

	c.  In November 2011, he received notification from the Montana ARNG Incentive Office that he was in violation of the OAB due to receiving SLRP and he would be liable for recoupment of $5,000.00 of his OAB.

	d.  He was led to believe his SLRP would terminate upon commissioning and he could accept his OAB.

3.  The applicant provides:

* OAB Addendum
* SLRP Addendum
* memorandum from the National Guard Bureau (NGB) Education, Incentives, and Employment Division, dated 2 November 2011
* memorandum from the Deputy J-1, Director of Personnel, Montana ARNG, dated 14 November 2011

CONSIDERATION OF EVIDENCE:

1.  On 27 April 2006, the applicant enlisted in the Montana ARNG for a period of 6 years and he signed an SLRP Addendum for $20,000.00 in loan repayments.

2.  On 27 July 2008, the applicant was appointed as a second lieutenant in the ARNG of the United States.

3.  On 27 July 2008, he signed an ARNG Selected Reserve Incentive Program Officer Accession Bonus Addendum.  The addendum shows he would receive a bonus of $10,000.00 paid in two 50-percent installments.  The first 50-percent installment was payable upon successful completion of the officer basic course (OBC) and the second and final 50-percent installment was payable on the third-year anniversary of his commission/appointment date.  This addendum also states, "I am not currently receiving financial assistance under chapters 1608, 1609, 1611, 2107, or 2107a of Title 10, U.S. Code, or special pay under section 302g of Title 37, U.S. Code, and will not receive such assistance during the period of this agreement."

4.  On 30 October 2009, the applicant completed the Armor Basic Officer Leader Course (BOLC).

5.  The applicant was subsequently paid the first installment of the OAB after completion of OBC.  There is no evidence in his military service records that shows his contract for the SLRP was terminated prior to completing OBC.

6.  The applicant submitted an exception to policy request to retain the OAB.  On 2 November 2011, the Chief, Education, Incentives, and Employment Division, NGB, denied the applicant's request for an exception to policy to retain his OAB.  The Chief stated:

* the Incentive Manager would terminate OAB with recoupment
* the applicant accepted a commission in the Montana ARNG on 27 July 2008, however, he was still serving a contractual period for the chapter 1609, Title 10, U.S. Code, SLRP
* in accordance with Title 10, U.S. Code, section 308j, "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 or under section 302g of this title for the same period"
* the applicant started his SLRP contractual period on 27 April 2006

7.  The applicant provides a memorandum from the Montana ARNG, dated 14 November 2011, subject:  Notification of Incentive Eligibility Termination.  This memorandum shows the applicant's incentive contract required eligibility termination because he had an active SLRP at the time his OAB agreement was established which required an OAB recoupment in the amount of $5,000.00.

8.  In a telephone conversation with a Board analyst on 11 April 2012, a representative from the Montana ARNG State Incentive Manager Office stated the Information Management and Reporting Center (iMARC), the automated system that manages incentives for the ARNG, showed the applicant never used his SLRP.  In a telephone conversation with a Board analyst on 14 April 2012, a representative from the NGB Education, Incentives, and Employment Division verified that the applicant had not used the SLRP.

9.  Title 10, U.S. Code, 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.  Subparagraph 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, U.S. Code, or under section 302g of this title for the same period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the SLRP option indicated on his initial entry contract be nullified and removed from his military personnel records and for retention of the first installment of $5,000.00 under the OAB was carefully considered and found to have merit.

2.  The evidence of record shows the applicant initially signed an SLRP Addendum for $20,000.00 in loan repayments on 27 April 2006.  On 27 July 2008, he signed an OAB Addendum that authorized him a $10,000.00 accession bonus in two installments in conjunction with his successful completion of OBC.  He completed the Armor BOLC on 30 October 2009.

3.  The applicant cannot receive both the SLRP and OAB.  The incentive offices of the Montana ARNG and NGB indicated no SLRP had been posted to the applicant's account in the iMARC after he signed the SLRP Addendum.

4.  There is no evidence that indicates the applicant intentionally tried to receive both incentives.  Based on the foregoing, it would be appropriate to correct his records to show he did not sign an SLRP Addendum per his request and to rescind recoupment of the $5,000.00 OAB payment.

BOARD VOTE:

__x______  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by:

* voiding and removing the SLRP Addendum from his military records
* rescinding recoupment of the first installment of his OAB in the amount of $5,000.00



      ___________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)                                         AR20120002362



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ABCMR Record of Proceedings (cont)                                         AR20120002362



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