BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20150004491 


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, in effect, cancellation of recoupment of an Officer Accession Bonus (OAB) in the amount of $5,000.  

2.  The applicant states:

	a.  On 5 May 2009, he signed a written agreement for a $10,000 OAB.  His graduation/commissioning date [into the Iowa Army National Guard (IAARNG)]
was 9 May 2009.  However, because he signed the paperwork 4 days prior to his accession date, and based on Selected Reserve Incentive Program (SRIP) guidance that was rescinded, it was later determined that he was ineligible to receive the bonus and that he was required to pay back the $5,000 already paid. Although it was determined that he was not eligible for the OAB, further review of the guidance regarding the OAB during the period he signed the agreement shows that he was, in fact, eligible to receive the bonus.   

	b.  One of the key issues is in the OAB Addendum, paragraph 1g, which stated he was not currently receiving financial assistance under chapters 1608, 1609, 1611, 2107, or 2107a of Title 10, U.S. Code (USC), or special pay under section Title 37, USC, section 302g, and would not receive such assistance during the period of the agreement. 

	c.  Because he was graduating and receiving his commission 4 days after signing the addendum, and the addendum was not submitted until after that time, he was not receiving the above listed financial assistance when the paperwork processed or when he received payment, nor had he received any financial assistance since signing the addendum.  

	d.  The fact that he received such financial assistance in the past was not addressed in the addendum and was not a criteria for qualification according to the document he was provided and signed.  There was also nothing in the addendum that indicated he was not supposed to sign prior to his accession date.  The SRIP guidance was not provided to him at the time. 

	e.  Furthermore, the Fiscal Year 2007 (FY07) SRIP guidance that stated one must not be receiving and will not receive the financial benefits during the period of service, which defined during the period of service as service while actively receiving an Reserve Officers' Training Corps (ROTC) scholarship was subsequently rescinded.  Headquarters, Department of the Army (HQDA) determined that if an officer ever received an ROTC scholarship they were ineligible for any OAB unless the period of being a commissioned officer as a result of that scholarship had been successfully completed.  He had met the requirements according to this guidance.

	f.  On 21 July 2014, he received a denial of an Exception to Policy (ETP) request by the ARNG G1.  The reason stated was because he signed the bonus addendum on 5 May 2009, 4 days prior to his actual accession date of 9 May 2009.  He signed the addendum prior to his accession because he was told by the witnessing officer that he needed to sign before his accession, the paperwork would not process until after his accession date, and so there was no issue with signing it 4 days prior.  He was under the impression that what he had been told was accurate and in accordance with SRIP guidance, since he was the witnessing officer and the officer recruiter for the ROTC program.  

	g.  Requiring him to pay back $5,000 due to a technicality of 4 days, and doing what he was instructed by a superior officer, is an injustice.  The paperwork submitted and processed after his accession and he did not receive any payment until 17 June 2010, over 1 year after his accession and graduation.  He should not be penalized for the misunderstanding of regulatory guidance by a superior officer.  He does not believe he should be required to pay recoupment of $5,000 already distributed.  The guidance listed above was reviewed and given to him by the IAARNG State Education Office.

3.  The applicant provides an OAB Addendum; two memoranda; and his ARNG Annual Statement, dated 7 October 2014.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the IAARNG on 30 September 2003 and he held military occupational specialty (MOS) 92F (Petroleum Supply Specialist).

2.  His record contains a DA Form 597-3, dated 20 August 2007, wherein it shows he would be paid an ROTC scholarship for a period of 2 academic years and he agreed to remain a full-time student in good standing until he received his degree (emphasis added).  Block F (Date Education Commences) and block G (Completion Date) of this form shows the dates as 20 August 2007 to 15 May 2009.  

3.  Part II, paragraph 4a (Acceptance of Appointment) of DA Form 597-3 states, in part, that he agreed to accept an appointment as a commissioned officer in the U.S. Army Reserve (USAR) or ARNG of the United States in accordance with governing Army regulations.  He understood that upon appointment, he would incur a total military service obligation not to exceed 8 years. 

4.  He provides and his record contains an OAB addendum wherein it states, in part:

	a.  He agreed to serve in the Selected Reserve in area of concentration (AOC)/MOS 92A (Quartermaster (QM) Officer) which was a critical officer skill that was designated for bonus entitlement.  

	b.  He acknowledged he was not currently receiving financial assistance from an ROTC scholarship. 

	c.  He agreed to serve in the Selected Reserve for 6 years in his critical AOC/MOS 92A for the full period of the agreement.

	d.  He would receive a bonus of $10,000 paid in two installments; the first 50 percent (%) installment would be paid upon completion of the Basic Officer Leadership Course (BOLC).  The second and final payment of 50% would be processed on the third year anniversary of the agreement.

	e.  The addendum was signed by the service representative, applicant, and witnessing officer on 5 May 2009 and contains a bonus control number (BCN).

5.  On 8 May 2009, he was honorably discharged from the IAARNG for appointment as a commissioned officer.

6.  On 9 May 2009, he was appointed as a second lieutenant (2LT) Reserve officer in the IAARNG and he executed an oath of office on that date.

7.  His record contains a transcript from the University of Northern Iowa, Cedar Falls, IA, dated 27 May 2009, wherein it shows in May 2009 he was awarded a Bachelor of Arts degree in Marketing.  

8.  He attended and successfully completed the QM BOLC from 2 March to 17 June 2010 at Fort Lee, VA, and was awarded AOC 92A.  

9.  He entered active duty as a member of the ARNG on 1 October 2012.  He was promoted to the rank of captain (CPT) on 13 March 2013.  

10.  The applicant provides and his record contains a memorandum for the IAARNG, dated 21 July 2014, from the National Guard Bureau (NGB) denying the ETP for the applicant to retain the $10,000 OAB and stated the State Incentive Manager would terminated the OAB with recoupment effective the contract start date.  This memorandum stated, in part:

	a.  The applicant signed an agreement for the OAB while on the ROTC scholarship which was not authorized and violated the ARNG SRIP FY07 (Policy Number 07-06 with updates) effective 1 March 2009.  

	b.  His bonus addendum was signed before the accession date which violated the ARNG SRIP 07-06.

	c.  His BCN was requested after the date of accession which violated the ARNG SRIP 07-06.

	d.  His addendum was dated 5 May 2009 for $10,000.  He contracted in AOC/MOS 92A and his current AOC/MOS was 90A (Logistics (LG) Officer).

	e.  He was serving under an obligation for a ROTC scholarship cadet at the time he contracted for the OAB incentive.  It was against Title 10 USC, sections 2107 and 2107a to contract for an incentive while under obligation for an ROTC.  For the ARNG to allow him to retain the incentive would be a violation of law.

11.  He attended and successfully completed the LG CPT Career Course from 18 to 28 August 2014 at Fort Lee, VA.  Effective 28 August 2014, he was branch transferred from the QM branch to the LG branch.


12.  He was honorably released from active duty on 2 September 2014 to the control of the ARNG by reason of completion of required active service.  

13.  ARNG SRIP Guidance for FY07-09, updated 9 March 2009, states in part:

	a.  An OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that AOC or are to be trained in that AOC.  In addition to the general eligibility requirements in paragraph 5 of this policy, the Soldier must have never received and will not receive financial assistance to include Regular Army, USAR, and ARNG ROTC scholarship. 

	b.  To qualify for an OAB the officer must sign the OAB addendum on the date he or she accepts his or her commission as a 2LT.

14.  Title 10, USC, section 2107, states a person may not receive an affiliation bonus or accession bonus and financial assistance for the same period of time.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contention that he was entitled to the $10,000 OAB, the evidence of record confirms he was not eligible for the OAB.  

2.  He was commissioned as a 2LT in the IAARNG on 9 May 2009 and signed an OAB addendum for $10,000 on 5 May 2009.  While it is evident that errors were committed on the part of IAARNG recruiting officials, the applicant himself verified he was not an ROTC scholarship recipient while on 5 May 2009, the date he signed the OAB addendum, he was still in the ROTC scholarship program and he was serving as an enlisted member of the IAARNG.  In addition, he did not serve in the critical skill AOC 92A for the full 6 years he was obligated to.

3.  Regardless, in addition to the general eligibility requirements, such as the requirement for the OAB addendum to be signed on the date of commissioning, the Soldier must have never received and will not receive financial assistance to include Regular Army, USAR, and ARNG ROTC scholarship.  Although the SRIP guidance has been updated and revised, the requirement that a Soldier must have never received an ROTC scholarship was not and never has been rescinded.  Since the applicant was an ROTC scholarship recipient, he was ineligible for the $10,000 OAB, regardless of when he signed his OAB addendum.  He did not need an OAB incentive to enter the ARNG as his ROTC scholarship already obligated him to serve in the ARNG. 

4.  In view of the foregoing, he is not entitled to 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 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)                                         AR20150004491





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ABCMR Record of Proceedings (cont)                                         AR20150004491



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