IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140006377 


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 a $10,000.00 Officer Accession Bonus (OAB) be reinstated and backdated to her commissioning date.

2.  The applicant states she relied on subject matter experts within the National Guard Bureau (NGB) and the California Army National Guard (CAARNG) State Incentives Manager to her detriment.

3.  The applicant provides:

* 2 memoranda
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  On 25 May 2005, the applicant contracted for the Student Loan Repayment Program (SLRP) for a period of six years.  Her enlistment documents show her existing loan amount at the time was $14,417.69. 

2.  On 8 October 2008, the applicant was discharged from the ARNG and as a reserve of the Army in the rank of sergeant.

3.  On 9 October 2008, the applicant was appointed in the ARNG in the rank of second lieutenant.  Special Orders Number 165 AR, dated 8 July 2009, shows she received Federal Recognition as such, effective 9 October 2008.

4.  During the processing of this case, on 15 April 2014, an advisory opinion was obtained from the Deputy, Personnel Policy Division, NGB.  The advisory official recommended disapproval of the applicant's request.  The official opined:
   
   a.  On 25 May 2005, the applicant contracted for the SLRP for six years through 24 May 2011.  She received six years of SLRP for only serving three years and five months of enlisted service.  The following payments received were:
   
(1) 22 January 2007 for $6,000.00 - SLRP

(2) 30 July 2008 for $6,000.00 - SLRP

(3) 29 October 2008 for $3,000.00 - SLRP

(4) 15 May 2009 for $5,000.00 - OAB

(5) 18 May 2009 for $5,000.00 - OAB
   
   b.  SLRP payments should have been made annually for six years, in the amount of 15% of the qualifying loans per year, in accordance with (IAW) Title 10, U.S. Code, section 16301 and the Soldier's contract addendum.

   c.  The applicant could not get an OAB in 2008 because she had the SLRP and in accordance with Title 37 U.S. Code, section 308j, paragraph f, "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."

   d.  The applicant is required to sign an OAB at the time of commissioning.  IAW National Guard Regulation 600-7, paragraph 1-13c.  The applicant received her commission on 9 October 2008 and signed an OAB contract on 23 March 2009.

   e.  Through consultation with the Incentives Branch at NGB, relief from recoupment is not required and should be denied.  The applicant has already paid the $10,000.00 back to the Federal Government.  The NGB does not have the legal authority to retroactively award a new OAB contract.

   f.  The State of California recommends relief from recoupment.

5.  On 16 April 2014, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  She responded by memorandum, dated 25 April 2014.  She stated:

   a.  When she was commissioned as an officer in October 2008, she was told she could receive the OAB but she would have to discontinue receiving her SLRP.  When given this information from the subject matter experts in California, she went to get a second opinion from the Education Division at the NGB where she worked at the time.  They confirmed what she was told from her recruiter and incentive manager in California.  With this information she made what she thought was an informed decision and chose to stop the SLRP and start the OAB.

   b.  The disapproval memorandum states she received six years of SLRP for serving only three years.  This is not accurate.  Her SLRP was stopped upon starting her OAB.

   c.  The disapproval memorandum also states that a person may not receive an affiliation bonus or accession during the same period.  She did not.  They stopped her SLRP and started her OAB.  She did not receive the two for the same time period.

   d.  The disapproval memorandum states that the bonus paperwork must be signed at the time of commissioning.  She followed the guidance of those in the military put in charge as subject matter experts.  She should not be penalized for their mistakes.

   e.  The recoupment of the $10,000.00 OAB on top of having to pay back the rest of her student loans due to stopping the SLRP has caused undue financial burdens for her and her family.  She served her country for over 17 years, did as she was told on all levels of the process, and requests reconsideration to reinstate her OAB.

6.  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.
 
7.  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 her $10,000.00 OAB should be reinstated and back dated to her commissioning date has been carefully examined.

2.  Evidence indicates the applicant entered a contractual agreement with entitlement to the SLRP on 25 May 2005.  The applicant later accepted appointment in the CAARNG as an officer on 9 October 2008.

3.  The applicant was paid $15,000.00 for the SLRP which covered the entire amount of student loan debt that she reported at the time of her enlistment.  Although she says the SLRP stopped when she received the OAB, it appears she was paid double payments of the SLRP, well in excess of her student loans.  She was appointed as an officer in the CAARNG on 9 October 2008. 

4.  Notwithstanding the applicant's claim that she was assured by military personnel that she was entitled to an OAB, the law prohibits receipt of an OAB while simultaneously contracted for and receiving financial assistance from the SLRP.  Therefore, there is no basis for granting the applicant's 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 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)                                         AR20140006377





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ABCMR Record of Proceedings (cont)                                         AR20140006377



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