BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120021018 


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 cancellation of the recoupment of his Selected Reserve Incentive Program (SRIP) Officer Accession Bonus (OAB).

2.  The applicant states after graduating college he enlisted in the Army National Guard (ARNG) and participated in the Student Loan Repayment Program (SLRP).  While at Officer Candidate School (OCS) at the Indiana Military Academy he was offered an OAB upon completion of the OCS program.  He admits he continued to receive SLRP payments while in OCS and for the six years of his eligibility.  He claims before he signed his contract which contained the OAB, he was assured he could receive both the SLRP payments and the OAB.  After he completed the Basic Officer Leadership Course (BOLC), he received a $10,000.00 OAB.  He states the Readiness Noncommissioned Officer at the Individual Mobilization Augmentee was aware that he was receiving the SLRP yet was still submitted for an OAB upon his completion of the BOLC.  Now, five years later, he is being told the OAB will be recouped and he feels it is an injustice which will cause him financial hardship.   

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* 4-page Exception to Policy Checklist
* 5 memoranda
* 2 Oaths of Office
* Special Orders Number 237 AR
* 3-page Written Agreement - OAB Addendum
CONSIDERATION OF EVIDENCE:

1.  On 27 January 2005, the applicant enlisted in the Indiana Army National Guard (INARNG) for a period of 8 years.

2.  His record contains Annex S to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum ARNG of the United States), dated 27 January 2005, and authenticated with his signature.  Section V - Termination states, "I understand that my SLRP eligibility will be terminated if I accept a commission as an officer or an appointment as a warrant officer."

3.  On 20 May 2007, in connection with his appointment as an officer and agreement to serve with the ARNG of the United States under the SRIP, the applicant executed a Written Agreement - OAB Addendum in which he acknowledged that, "he was not currently receiving financial assistance under chapters 1608, 1609, 1611, 2107, or 2107a of Title 10, United States Code (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 assignment."  He authenticated the document with his signature.

4.  His record contains National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he was discharged on             17 August 2007, on appointment as a commissioned or warrant officer.  He completed 2 years, 6 months, and 21 days of net service.

5.  His records show he was appointed as an Infantry Corps second lieutenant in the INARNG and executed the oaths of office on 18 August 2007.  Special Orders Number 237 AR, dated 1 October 2007, shows he received Federal Recognition as such, effective 18 August 2007.

6.  On 26 March 2012, the applicant received notification from the INARNG, Education Services Officer, of an incentive discrepancy and the exception to policy (ETP) process.  The memorandum informed the applicant that a discrepancy had been discovered with regard to his bonus incentive contract that must be resolved to avoid eligibility termination; however, it was determined he may be eligible for an ETP.  The reason for the discrepancy was noted as "receiving SLRP when contracting for officer bonus, which was not authorized per SRIP policy."

7.  On 16 April 2012, the applicant requested an ETP regarding his incentive discrepancy.  His immediate commander recommended approval.

8.  On 15 October 2012, the Deputy G1, ARNG, denied the applicant's request for ETP to retain the $10,000.00 OAB offered at the time of his commission on  18 August 2007, and further stated:
  
   a.  In accordance with ARNG SRIP guidance 07-06 (effective 10 August 2007 through 28 February 2009), eligible applicants were offered the OAB.

 	b.  [The applicant] was commissioned into the INARNG on 18 August 2007 in Critical Area of Concentration 11A (Infantry).  [The applicant] had an active Enlisted SLRP incentive when he contracted for the OAB.  This is in violation of Title 37 U.S. Code, section 308j, for receiving financial assistance which refers to the SLRP for the same period of service.  Therefore, the incentive is to be terminated and the NGB does not have the authority to grant an exception to law.

   c.  [The applicant] was informed he may file a claim with the Army Board for Correction of Military Records if he believed an error or injustice existed.

9.  On 1 November 2012, the applicant was informed of the NGB's decision.

10.  The applicant provides no evidence nor does his record contain evidence to corroborate his claim that he was assured by military personnel that he was entitled to an OAB while simultaneously contracted for and receiving financial assistance from the SLRP. 

11.  Title 37, U.S. Code, chapter 5, section 324, provides for an OAB for new officers in critical skills.

	a.  Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to accept a commission or an appointment as an officer of the Armed Forces and to serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an OAB in an amount determined by the Secretary concerned.

	b.  The Secretary concerned shall designate the critical officer skills for the purposes of this section.  A skill may be designated as a critical officer skill for an Armed Force under this subsection if, (1)  in order to meet requirements of the Armed Force, it is critical for the Armed Force to have a sufficient number of officers who are qualified in that skill; and (2)  in order to mitigate a current or projected significant shortage of personnel in the Armed Force who are qualified in that skill, it is critical to access into that Armed Force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill.
 
12.  Title 37 U.S. Code, section 308j, 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, or under section 302g of this title, for the same period of service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the recoupment of his $10,000.00 SRIP OAB should be cancelled has been carefully examined and found to lack merit.

2.  Evidence indicates the applicant initially enlisted in the INARNG on                  27 January 2005, entering a contractual agreement with entitlement to the SLRP.  The applicant later accepted appointment in the INARNG as an infantry officer and executed an oath of office on 18 August 2007.

3.  Notwithstanding the applicant's claim that he was assured by military personnel that he was entitled to an OAB while simultaneously contracted for and receiving financial assistance from the SLRP, the law prohibits such action.  Therefore, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION














BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _  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)                                         AR20120021018



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ABCMR Record of Proceedings (cont)                                         AR20120021018



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