IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20120006323
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. Through a remand action, dated 22 March 2012, which was agreed to by the applicant, the U.S. Court of Federal Claims requests that the Army Board for Correction of Military Records determine whether denial of an officer accession bonus (OAB) to the applicant was erroneous or unjust.
2. On 20 April 2012, the applicant submitted an application to the Board to support the court remand action. In it he states he met all the requirements set forth in the OAB agreement he entered into with the Army at the time of his appointment; however, the Army failed to pay him the bonus citing that the law prohibited receipt of the OAB and Student Loan Repayment Program (SLRP) benefits for the same period of service. He indicates he received one SLRP payment of $1,500.00 in January 2007 and the SLRP was terminated the following year when he was commissioned.
3. The applicant's written complaint to the court and accompanying documents are provided with the court's remand order.
CONSIDERATION OF EVIDENCE:
1. The record shows that after serving in an enlisted status in the U.S. Army Reserve (USAR), the applicant was commissioned as a second lieutenant in the USAR on 22 September 2008.
2. The record contains a "Written Agreement Officer Accession Bonus Acknowledgement" completed on 28 January 2008 during the applicant's appointment processing. This document indicates the applicant would receive a $10,000.00 OAB based on meeting the requirements set forth in the written agreement. This agreement was signed by the applicant and a witnessing officer.
3. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1 (DCS G-1). This official confirms the governing law prohibits concurrent receipt of both SLRP benefits and an OAB benefit. He further confirms the USAR Pay Center, Fort McCoy, Wisconsin, verified the applicant did not apply for or receive SLRP payments subsequent to his appointment as a commissioned officer on 22 September 2008. Therefore, he recommended relief in favor of the applicant which provides him the OAB in accordance with the bonus agreement entered into at the time of his appointment.
4. On 25 April 2012, the applicant was provided a copy of the DCS G-1 advisory opinion in order to have the opportunity to respond to or rebut its contents. To date, he has failed to reply.
5. Title 37, U.S. Code, section 308j (Special Pay: Affiliation Bonus for Officer in the Selected Reserve) contains guidance on OAB's. This section states that a person may not receive an affiliation bonus or accession bonus and financial assistance under section 1609 (Education Loan Repayment Programs) for the same period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to receive the OAB that he was promised at the time of his commissioning has been carefully considered and is found to have merit. Although the law prohibits receipt of both an OAB and SLRP benefits for the same period of service as confirmed by the DCS G-1 advisory opinion, it is clear the applicant did not receive SLRP benefits in conjunction with his appointment and any entitlement he had to those benefits terminated prior to his commissioning on 22 September 2008.
2. In view of the foregoing, it would be appropriate and serve the interest of justice and equity for the Defense Finance and Accounting Service (DFAS) to pay the applicant the $10,000.00 OAB agreed to at the time of his appointment as a commissioned officer in accordance with the written agreement completed on 26 January 2008 and terminate the applicant's eligibility for SLRP payments.
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 Department of the Army records of the individual concerned be corrected by showing his SLRP eligibility was terminated effective 22 September 2008 and having DFAS pay him the $10,000.00 OAB agreed to at the time of his appointment in accordance with the terms of the "Written Agreement Officer Accession Bonus Acknowledgement" completed on 26 January 2008.
____________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.
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