IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120006949 


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:

   a.  payment of a $10,000 Officer Accession Bonus (OAB) he was guaranteed when he entered military service in 2008; and 
   
   b.  cancellation of any recoupment of the $10,000 OAB he has already received; and if the money has to be recouped, then it should only be the amount that was paid to him.

2.  He states:

	a.  The National Guard Bureau (NGB) states $10,000.00 is being recouped from his pay as the result of a bad contract.  

   b.  He only received half of this bonus minus taxes withheld.

	c.  He should not have to repay money that he contracted for.

3.  He provides a memorandum from the Washington Army National Guard (WAARNG), a Written Agreement - Chaplain Loan Repayment Program (CLRP) Addendum, and a Written Agreement - OAB Addendum.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the WAARNG in the rank of captain.
2.  Following a period of enlisted service in the WAARNG, the applicant was appointed as a Reserve commissioned officer in the WAARNG on 13 March 2008 in the Chaplain Branch.

3.  On the date of his appointment, he completed a written agreement for the CLRP in the amount of $20,000.00 and the OAB in the amount of $10,000.00.

	a.  In the CLRP agreement, he agreed to serve in the Army National Guard for 3 years.

	b.  In the OAB agreement, he agreed to serve in the Selected Reserve for
6 years, the full period of this agreement. 

4.  In a 16 March 2012 memorandum, the commanding officer of the Recruiting and Retention Battalion, WAARNG informed the applicant his request for an exception to policy to retain both the OAB and the CLRP was denied by the NGB.  He was advised to apply to this Board to seek relief from his debt.

5.  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 Selected Reserve Officer OAB and prescribes eligibility criteria.  Paragraph 308j(f) indicates a person may not receive an accession bonus and financial assistance under Title 10, U.S. Code, chapters 1608, 1609, or 1611 or under Title 37, U.S. Code, section 302g for the same period of service.

	b.  Title 10, U.S. Code, chapter 1909, section 16303 is the statutory authority for the CLRP.  Under the provisions of Title 37, U.S. Code, section 308j(f), it is unlawful for the applicant to receive money for CLRP and the OAB while simultaneously completing the service obligations for each incentive.  The advisory official states these restrictions are also included in Department of Defense guidance for the bonus and the bonus agreement the applicant signed.

	c.  The office of the advisory official verified with the State Incentive Manager of the WAARNG that the applicant applied for and received CLRP payments on 13 August 2009, 13 March 2010, and on 13 March 2011.  Because the applicant served the obligation period and received CLRP payments after his commissioning date of 13 March 2008, he became ineligible to receive the OAB.

6.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  In response to the advisory opinion, he submitted a new application to the Board and duplicate copies of his OAB and CLRP written agreements.

7.  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.

8.  Title 10, U.S. Code, section 6303 is the statutory authority for loan repayment program for chaplains serving in the Selected Reserve.  It states for purposes of maintaining adequate numbers of chaplains in the Selected Reserve, the Secretary concerned may repay a loan that was obtained by a person who:

	a.  satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations;

	b.  holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and

	c.  signs a written agreement with the Secretary concerned to serve not less than 3 years in the Selected Reserve.

9.  Office of the Secretary of Defense Memorandum, dated 21 May 2008, Subject:  Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends, establishes modified Department of Defense policy on repayment of unearned portions of bonuses, special pay educational benefits, and stipends.  Tab B identifies conditions under which repayment will not be sought.  It states, as a general rule, repayment action will not be pursued in situations due to circumstances determined reasonably beyond the member’s control.  

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 (CLRP) at the time of his appointment in the WAARNG on 13 March 2008.

2.  He contends the NGB indicates $10,000.00 is being recouped from his pay as the result of a bad contract, but he only received half of this bonus minus taxes withheld.

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 CLRP for the same period of service, the applicant was not eligible for the OAB.  However, it would be appropriate to show that the debt for the amount of the OAB he has already received has been cancelled, and while NGB stated $10,000 is being recouped there is no evidence to show that $10,000 is being recouped.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 a remission/cancellation of his $5,000.00 debt related to the payment of the OAB incentive was approved by the appropriate authority.  

2.  The Board further determined that the evidence presented was 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 receive the total amount of the OAB ($10,000).  




      _______________________
       	   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)                                         AR20120006949



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ABCMR Record of Proceedings (cont)                                         AR20120006949



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