BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20120002875 


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 an officer accession bonus (OAB) for his appointment as a commissioned officer in the Washington Army National Guard (WAARNG).

2.  The applicant states:

	a.  When he was commissioned into the WAARNG on 6 May 2010, he was under the impression that his enlisted benefits would be replaced by his commissioning benefits.  It was explained to him that his Student Loan Repayment Program (SLRP) benefit would no longer be available once he was commissioned.  At the time he was commissioned the only benefit the WAARNG would offer him was a $10,000.00 signing bonus broken into two installments.

	b.  He did not use his SLRP benefit after he was commissioned.  His OAB has been revoked several times for different reasons.  First he was told he was ineligible for the OAB because he received the SLRP benefit while he was enlisted.  Then he was told it was revoked because he was assigned to an ordnance position instead of a quartermaster position.

	c.  His OAB addendum was signed by him and all the authorizing officers and is a contract that continues to be denied.  He believes he is qualified for what he was promised and what he has earned.  He made several monetary decisions based on the belief that he would receive the promised OAB.  He has tried to work this issue through his unit and the WAARNG Inspector General (IG).

3.  The applicant provides:

* two memoranda
* DA Form 1559 (IG Action Request)
* 11 pages of email
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* four DD Forms 2475 (Department of Defense Educational Loan Repayment Program Annual Application)
* DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract)
* OAB Addendum

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 2 June 2005 for a period of 6 years and signed the following addenda:

* Enlistment Bonus of $5,000.00
* SLRP of $10,000.00
* Selected Reserve Montgomery GI Bill (MGIB)
* Selected Reserve MGIB Kicker of $200.00

2.  On 19 February 2008 following discharge from the USAR, he enlisted in the WAARNG for a period of 5 years and 17 weeks.

3.  On 20 November 2008, he enrolled in the Senior ROTC Program at Washington State University as a non-scholarship student.

4.  On 6 May 2010, he was honorably discharged from the WAARNG in the rank of sergeant for the purpose of accepting a commission.

5.  On 7 May 2010, he was appointed as a Reserve Quartermaster (QM) Corps second lieutenant (2LT) and he executed a National Guard Bureau (NGB) Form 337 (Oaths of Office) on 7 May 2010.  He was promoted to the rank of first lieutenant on 7 November 2011.

6.  On an unknown date, his WAARNG unit requested an exception to policy for the OAB to be authorized for the applicant.

7.  On 9 January 2012, the Chief, Education, Incentives, and Employment Division, NGB, denied the request.  This official stated:

	a.  In accordance with ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-06, eligible applicants were offered the OAB.  The applicant was commissioned in the WAARNG on 7 May 2010 for the OAB.  However, he was not eligible for the OAB as he had an active SLRP contract from the USAR, dated 24 June 2005, and had received monetary benefits under the SLRP.  Service members with active enlisted SLRP contracts are not authorized receipt of the OAB.

	b.  In addition, the applicant failed to date the OAB and a bonus control number was not requested or approved.

8.  The applicant provides an OAB Addendum that stated he agreed to serve in the critical area of concentration (AOC) 92A (General Quartermaster).  The addendum also shows:

* he signed in the appropriate block but did not date his signature
* a service representative and witnessing officer signed in the appropriate blocks and each listed 7 May 2010 as the date of their signatures
* the bonus control number (mandatory requirement) line is blank

9.  ARNG SRIP Policy Guide for Fiscal Year (FY) 2007 stated:

* newly-commissioned officers are prohibited from receiving the OAB if their enlisted bonus was terminated without recoupment as a result of a commission or appointment
* retroactive entitlement to an incentive offered under this policy is not authorized; to qualify for an OAB the officer must sign the OAB addendum on the date he or she accepts his or her commission as a 2LT and it must contain a valid bonus control number

10.  Title 37, U.S. Code, section 308j, states a person may not receive an affiliation bonus or accession bonus and financial assistance for the same period of time.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 2 June 2005 for a 6-year period for an enlistment bonus and the SLRP.  The receipt of the enlistment bonus and the financial assistance in the form of the SLRP would have made him ineligible for the OAB at the time of his commission.

2.  He was commissioned as a 2LT in the WAARNG on 7 May 2010 and signed an OAB addendum for $10,000.00.  However, the OAB addendum does not show the date he signed the addendum and does not contain the required bonus control number.  The absence of these two items renders the OAB invalid.

3.  In view of the foregoing, he 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 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)                                         AR20120002875



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ABCMR Record of Proceedings (cont)                                         AR20120002875



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