BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20130002718
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 debt he incurred as a result of recoupment of an Officer Accession Bonus (OAB).
2. The applicant states there were extenuating circumstances beyond his control that left him unable to serve the full term of the OAB agreement. A reduction in funding resulted in non-renewal of his active duty operational support assignment which left him unemployed and created a huge financial hardship on him. He had to relocate from Ohio to Georgia for employment. He requests consideration of his hardship situation and a waiver of his debt.
3. The applicant provides the documents identified in his application in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 4 August 2006 after serving in an enlisted status in the Army National Guard (ARNG) between 2002 and 2006.
2. The applicant provides a Written Agreement OAB Addendum that was completed by him and a service representative. Paragraph 2 of the agreement contains the obligations incurred by the applicant in connection with his agreement to accept an appointment as an officer serving in the ARNG (Selected Reserve). In part, he agreed to serve in the Selected Reserve for 6 years. Paragraph 3 states he would be paid a bonus of $10,000, paid in a lump sum upon completion of the Officer Basic Course.
3. On 31 March 2011, the applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) as a result of his voluntary request.
4. Based on the applicant's failure to meet the service agreement portion of his OAB, action was taken by the Defense Finance and Accounting Service to collect the unearned portion of his OAB.
5. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Officer Division, Department of the Army Office of the Deputy Chief of Staff, G-1. The G-1 recommends disapproval of the applicant's request since he voluntarily failed to complete the terms of his agreement of serving 6 years in a unit of the ARNG. The G-1 confirms the applicant's transfer to the IRR was based on his voluntary request and recoupment of his OAB was properly initiated based on his failure to meet the terms of the OAB agreement by not serving in an ARNG unit for 6 years.
6. 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) 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 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 bonus under subparagraph (a) if, to mitigate a current or projected significant shortage of personnel in the 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 (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.
7. Title 10, U.S. Code, section 10143, states that there is a Selected Reserve within the Ready Reserve of each of the Reserve Components. The Selected Reserve consists of units. Section 10144 states that there is an IRR within the Ready Reserve of each of the Reserve Components. The IRR consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive National Guard.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for cancellation/remission of the debt he incurred based on recoupment of his OAB has been carefully considered. However, there is insufficient evidence to support his claim. By law, members who fail to complete the term of enlistment for which a bonus was paid are subject to recoupment.
2. The evidence of record confirms the applicant agreed to serve as an officer in the ARNG Selected Reserve for 6 years from the date the agreement was signed on 7 August 2006. The evidence further shows the applicant's transfer to the IRR was based on his voluntary request. In spite of his financial and employment situations, which were unfortunate, there is no evidence suggesting he attempted to resolve these situations by joining a qualifying ARNG/Selected Reserve unit prior to his transfer to the IRR.
3. Given that the applicant failed to fulfill the commitment he made at the time he entered into the ARNG Selected Reserve, there is an insufficient evidentiary basis to support granting 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) AR20130002718
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ABCMR Record of Proceedings (cont) AR20130002718
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