IN THE CASE OF:
BOARD DATE: 28 May 2014
DOCKET NUMBER: AR20140000493
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 an Officer Accession Bonus (OAB) in the amount of $10,000.00.
2. The applicant states:
a. He wants to receive the $10,000.00 OAB that was contractually agreed and owed to him. He has not yet received it.
b. His enlistment contract states he is entitled to receive both the Student Loan Repayment Program (SLRP) in the amount of $20,000.00 and an OAB in the amount of $10,000.00.
c. He received the following notice when trying to claim his bonus: "The soldier would not be entitled to the officer accession bonus due to soldier having received SLRP (Student Loan Repayment Program) entitlements." He was never advised in writing or verbally that if he accepted the SLRP he would not be entitled to the OAB. Nowhere in the contract was the SLRP mentioned or the corresponding chapters of Title 10 identified as being applicable to the SLRP that would disqualify him from the OAB.
d. The contract states he is entitled to receive the bonus upon completion of the Basic Officer Leadership Course (BOLC). He completed the course in December 2010.
3. The applicant provides:
* Certificate and Acknowledgement U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment
* SLRP Addendum
* Selected Reserve (SELRES) Officer Accession Incentive Program Accession Bonus Addendum
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 10 March 2009 for a period of 8 years.
2. On 10 March 2009, he signed a Certificate and Acknowledgement USAR Service Requirements and Methods of Fulfillment for an OAB in the amount of $10,000.00 and the SLRP in the amount of $20,000.00.
3. He also signed a SELRES Officer Accession Incentive Program Accession Bonus Addendum on 10 March 2009 in which he agreed to serve in the USAR under the SELRES Incentive Program (SRIP) for a period of 6 years. The addendum also shows he would receive a bonus of $10,000.00 upon completion of the Officer Basic Course (OBC) or Warrant Officer Basic Course.
4. He was ordered to active duty for training on 7 May 2009. He completed the Officer Candidate Course and he was released from active duty on 28 October 2009.
5. He was appointed as a second lieutenant in the USAR on 29 October 2009.
6. He completed the Adjutant General OBC in December 2010.
7. He was promoted to captain effective 1 July 2013.
8. In 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 opinion states:
a. Title 37, U.S. Code, section 308j, is the statutory authority for the SELRES OAB and prescribes eligibility criteria. Paragraph f of section 308j indicates a person may not receive an accession bonus and financial assistance under Title 10, chapter 1608, 1609, or 1611, or under Title 37, section 302g, for the same period of service.
b. Title 10, chapter 1609, section 16301, is the statutory authority for the SLRP. Under paragraph f of section 308j, it is unlawful for the applicant to receive money for SLRP and the OAB while completing the service obligation for both simultaneously. These restrictions are also included in Department of Defense guidance for the bonus.
c. Based upon the aforementioned restrictions, the Army G-1 recommends disapproval of the applicant's request. While he complied with all terms of the contract offered to him by the representative responsible for bonus contracting, he was offered the bonus in contravention to law and DOD and Army policy.
9. A copy of the advisory opinion was provided to the applicant to provide comment or rebuttal. He responded and stated:
a. After reviewing the advisory opinion, he recognizes the Army G-1 has acknowledged that he "complied with all terms of the contract" and he "was offered the bonus in contravention to law and DOD and Army Policy." In light of the fact that the G-1 at the Department of the Army level has acknowledged the error was not due to any wrongdoing on his part, he does not see how this cannot be adjusted to where the terms of the original contract cannot be honored.
b. The SLRP and the OAB which were offered and signed by both parties is the only reason he chose the branch he is currently in.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. It is unfortunate that his recruiting officials offered him both the SLRP and the OAB. However, by law, he cannot receive money for SLRP and the OAB while completing the service obligation for both simultaneously. Regrettably, there is no basis for granting his request.
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) AR20140000493
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