IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130013239 


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 reinstatement of his Officer Accession Bonus (OAB) with a forgoing of his Student Loan Repayment Program (SLRP); or grant him relief from the collection of the OAB with continued payments under the SLRP.

2.  The applicant states he served in an enlisted status from 21 December 2001 through 26 July 2008 before being commissioned through the Montana Army National Guard (MTARNG) Officer Candidate School (OCS) program.  During his enlisted term, he received an Enlistment Bonus, GI Bill, GI Bill Kicker, and SLRP in the amount of $1,723.53.  

3.  He adds that during his officer recruitment processing, he was given a $10,000 OAB with the first half being paid after completion of the Basic Officer Leaders Course (BOLC) and the second payment to be paid on his third-year anniversary.  He received the first payment after BOLC, on 20 December 2009; however, when it was time for him to receive the second he was told he was not authorized both bonuses and the OAB would be recouped.  The reason he was given was that receiving both was prohibited.  

4.  He states that during the recruitment process he was not made aware that he could not receive both the SLRP and the OAB simultaneously.  Had he known this, he would have opted for one or the other, not both, to avoid the current process situation.  Neither the officer recruiter nor the incentive manager addressed any issues with his incentive programs and he was led to believe that both of them were proficient at understanding the rules behind incentives.  He followed all of his contractual obligations and the error was due to the oversight of the recruiter and/or the incentive manager.  He should not have to pay for their errors or omissions.

5.  The applicant provides copies of a 2006 National Guard Bureau (NGB) Annex R, a 2006 NGB Annex S, a 2 March 2012 NGB Memorandum, his 2008 Oath of Office, a 2008 OAB agreement, and a 2 March 2012 denial of an Exception to Policy (ETP). 

CONSIDERATION OF EVIDENCE:

1.  On 21 December 2000, the applicant enlisted in the MTARNG with a 6-year active service obligation.  He received a guaranteed training option, GI Bill, GI Bill Kicker, and an $8,000.00 non-prior service enlistment bonus.  

2.  On 15 October 2006, he extended his enlistment in the ARNG with the SLRP option.

3.  The 15 October 2006 NGB Form 600-7-1-R-E (Annex S to DD Form 4 Student Loan Repayment Program Addendum Army National Guard of the United States) shows that the applicant extended in a critical skill military occupational specialty (MOS) that was authorized for the SLRP.  The agreement states he must remain in the contracted MOS for the first 3 years of his contract and if he accepts a commission as an officer he may retain the loan repayment option for the remainder of the contract period.  He had existing student loans in the amount of $3,930.05.

4.  On 27 July 2008, the applicant was commissioned a second lieutenant in the ARNG and completed an OAB agreement.  He received the first payment of $5,000.

5.  His OAB Addendum states "I am not currently receiving financial assistance under chapters 1608, 1609, 1611, 2107, or 2107a of title 10, United States Code, or special pay under section 302g of title 37, United States Code, and will not receive such assistance during the period of this agreement."

6.  On 2 March 2012, the National Guard Bureau denied an ETP to retain the OAB.  It is noted that in accordance with the ARNG Select Reserve Incentive Program (SRIP) Guidance 07-06 (effective 10 August 2007 - 15 June 2009) eligible applicants were offered the OAB.  The applicant was commissioned on 27 July 2008.  Although he contracted for an OAB, he had an active SLRP contract that commenced on 15 October 2006 and had received monies under that contract.  In with accordance Title 37 United States Code, section 308j service members with active enlisted SLRP contracts are not authorized receipt of the OAB. 

7.  Communications with the Directorate of Military Personnel Management, Officer Career Policy Branch, Personnel Policy Integrator, Deputy Chief of Staff G-1, Headquarters, Department of the Army, determined that an individual receiving the SLRP as an enlisted member who received a commission could receive an OAB if they terminated their SLRP prior to accepting their OAB.

8.  Title 37 United States Code, section 308j (Special Pay: Affiliation Bonus For Officers In The Selected Reserve), subsection (f) (Relation to Other Accession Bonus Authority), states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under Title 10, chapter 1608 (Health Professions Stipend Program), 1609 (Education Loan Repayment Program: Members Of Selected Reserve), or 1611 (Other Educational Assistance Programs) of Title 10, or under section 302g (Special Pay: Selected Reserve Health Care Professionals) of this title, for the same period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SLRP addendum clearly states that if he received a commission he would still retain his SLRP entitlement.

2.  While the applicant's OAB Addendum specifically identifies what programs would preclude receipt of an OAB by their legal citation, it does not give a clear verbal definition of what the citations refer to.

3.  The lack of clear identification of preclusions for entitlement in the contracts combining with what appears to have been a lack of knowledge or attention to regulations on the part of the officer recruiter and the incentive manager has created an inequitable situation for the applicant.

4.  Had the applicant been properly made aware of the preclusion of receiving both the SLRP and an OAB he would have been able to make an informed decision that would have resulted in his election of one or the other options and precluded the generation of the overpayment.  It is reasonable to presume that the applicant would have elected the greater benefit of the OAB.  

5.  Therefore, it is appropriate to correct the applicant's records to show he terminated his enlisted SLRP option in favor of accepting the OAB.


BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

   a.  showing the applicant properly terminated his SLRP benefit eligibility prior to accepting his commission;
   
   b.  showing the applicant is entitled to the full $10,000 OAB offered at the time of commissioning as a result of the above correction; 
   
c.  directing the Defense Finance and Accounting Service (DFAS) to 
immediately halt all recoupment actions of the initial OAB payment; and 

   d.  directing DFAS to audit the applicant's records based on the above actions and pay him all monies due.




      _______ _  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)                                         AR20130013239



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ABCMR Record of Proceedings (cont)                                         AR20130013239



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