BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120008735
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 his Officer Accession Bonus (OAB) of $10,000.
2. The applicant states that his request for an exception to policy was wrongfully denied by the U.S. Army Reserve Command (USARC) Accessions Division because at the time he entered into his enlistment contract he entered into the contract in good faith that the incentives would be paid upon completion of the obligated requirements. He goes on to state that he completed all of the requirements in the required time allotted and is in good standing in the Army.
3. The applicant provides six enclosures that are listed on his application in block 9.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) in the pay grade of E-4 on 8 July 2009 for a period of 8 years under the Officer Candidate School enlistment option, a $10,000 OAB, and the Student Loan Repayment Program (SLRP) for payment of up to $20,000 of his student loans.
2. He successfully completed his training and was commissioned as a USAR second lieutenant on 10 March 2010. He was detailed as an engineer officer and completed his engineer basic officer leader course on 15 April 2011.
3. The applicant submitted his request for payment of his OAB through his chain of command and in November 2011 his request was returned without action indicating that he had received SLRP benefits and was not entitled to an OAB. He was advised to apply to this Board.
4. The applicant submitted a request for an exception to policy for payment of his OAB with the support of his chain of command and on 19 March 2012 USARC denied his request because under the law, officers are not eligible to receive both incentives during the same contractual period. Therefore, since he was already receiving SLRP benefits, his request for payment of an OAB was denied.
5. Title 37, U.S. Code, section 308j(b), 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: (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement. Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied. Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.
Paragraph (2)(b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.
6. Title 37, U.S. Code, paragraph (f) of section 308j provides that a person may not simultaneously receive an accession bonus under that authority and financial assistance under Chapter 1609 (SLRP) of Title 10 U.S.C.
DISCUSSION AND CONCLUSIONS:
1. There is no doubt that the applicant entered into an agreement for payment of an OAB and the SLRP; however, the agreement was not a valid agreement because, by law, he was not authorized payment of an OAB due to the fact that he was participating in the SLRP at the time.
2. While it is indeed unfortunate that he contracted for the OAB, he was not authorized to receive that bonus. Therefore, since there was no authorization to enter the applicant into a contract for which he was not authorized, it would not be appropriate to grant the applicant a benefit not afforded to others in similar circumstances.
3. While the actions of the Department in this matter are regrettable, there appears to be no basis for granting the applicants request to pay him an OAB that he was not lawfully entitled to receive.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120008735
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