IN THE CASE OF: BOARD DATE: 28 April 2015 DOCKET NUMBER: AR20150003438 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 recoupment of the Officer Accession Bonus (OAB) he has been paid. 2. The applicant states: a. In or around March 2009 [i.e., 2008], he was notified he was eligible for the OAB by a field grade officer at the Regional Training Institute (RTI). At the time, he (the applicant) explained he was receiving the student loan repayment program (SLRP) and didn't realize he was also eligible for the OAB. It was explained that because he had enlisted prior service he was eligible to keep receiving benefits under the SLRP and still receive the OAB. He was told no further actions were required by him to receive the bonus. b. In the following months, he received the full bonus, minus taxes. He later submitted paperwork to have his student loans processed for payment. It was then noticed that he had received both the SLRP and OAB. After some research at the Joint Forces Headquarters (JFH), another payment was made on his student loans and it was again explained to him that he was eligible for both the SLRP and OAB. In 2012, he submitted paperwork for his final student loan repayment and at that time it was noticed that he was not eligible for both the SLRP and OAB. He explained that in previous years he had received both under the direction of RTI and the JFH education office. c. It was then explained to him that he had signed away his right to receive the SLRP and had accepted the OAB instead. After reviewing the documentation, he noticed that his signature was forged on the OAB paperwork. He never saw or signed a document to receive the bonus. Therefore, he had no idea that he received an erroneous payment. From his communication with RTI, he believed he was eligible for both programs. Had he had the opportunity to review the document, he would have been able to make a decision on one program or the other. The current plan to recoup the $10,000 he received [for the OAB] will create a hardship for him and his family. 3. The applicant provides a Written Agreement - OAB Addendum, a self-authored statement, dated 22 April 2013, and a memorandum. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Mississippi Army National Guard (MSARNG) on 21 December 1998 and he held military occupational specialty (MOS) 77F (Petroleum Supply Specialist); this MOS was later changed to 92F. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 January 2004. He was assigned to Company A, 1st Battalion, 155th Infantry, Tylertown, MS. 2. He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom and he entered active duty on 21 August 2004. 3. He attended and successfully completed the 11B (Infantryman) course at Camp Shelby, MS, from 11 to 24 September 2004. On 27 September 2004, he was awarded primary MOS (PMOS) 11B and secondary (SMOS) 92F. On 11 January 2005, he deployed with his ARNG unit to Kuwait and then Iraq. 4. On 18 March 2005, in Iraq, he reenlisted in the MSARNG for a period of 6 years in critical MOS 11B for a bonus of $15,000 and the SLRP for an amount not to exceed $20,000 (emphasis added). 5. His record contains a National Guard Bureau (NGB) Form 600-7-3 (Reenlistment/Extension Bonus Addendum - ARNG of the United States (ARNGUS)), dated 18 March 2005, wherein it stated, in part: * he had no more than 16 years of total military service and he was reenlisting for 6 years * the addendum must be initiated and signed while in a combat zone to receive the tax-free option * the lump sum payment of $15,000 would be processed on the date his reenlistment took effect * he understood the bonus would be terminated with recoupment if he transferred to a non-bonus unit * he understood the bonus would be terminated without recoupment if he accepted a commission as an officer after he served 1 year or more under the agreement * recoupment would be based upon multiplying the number of months served satisfactorily during the term the incentive was authorized by the proportionate monthly dollar amount * the amount entitled to would be subtracted from the amount paid to date and any overpayments would be recouped 6. His record contains an NGB Form 600-7-5 (SLRP Addendum - ARNGUS), dated 18 March 2005, wherein it stated, in part: * he was immediately reenlisting/extending for 6 years in a valid position vacancy in the critical skill MOS 11B that was authorized for the SLRP * he must remain in the contracted MOS for the first 3 years of his contract * he had five existing loans in the amount of $15,345 and the total amount of repayment would not exceed $20,000 * the portion of loans that may be repaid annually would not exceed 15 percent (not to exceed $3,000 per year), or $500, whichever was greater * payment would be processed on the anniversary date of his enlistment for each satisfactory year of service 7. On 6 May 2005, he was assigned to Company B, 1st Battalion, 155th Infantry, in MOS 11B. 8. He was honorably discharged from active duty on 9 January 2006 to the control of his ARNG unit. He completed 1 year, 4 months, and 19 days of creditable active service during this period of service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows he served in Kuwait/Iraq from 11 January to 30 December 2005 and his MOS as 92F. 9. Orders 075-1296, dated 16 March 2006, issued by the Mississippi Military Department (MSMD), MSARNG, released the applicant from his current unit of assignment and assigned him to Detachment 2, Headquarters and Headquarters Company (HHC), 2nd Battalion, 198th Armor, Cleveland, MS, in MOS 92F effective 16 March 2006. These orders stated the assignment was based on the individual's request. 10. On 16 July 2006, he was assigned to Detachment 2, Company F, 106th Brigade Support Battalion (BSB), Cleveland, MS, in MOS 92F. 11. Orders 081-1054, dated 22 March 2007, issued by the MSMD, MSARNG, awarded him PMOS 92F and SMOS 11B effective 16 July 2006. 12. Orders 003-811, dated 3 January 2008, issued by the MSMD, MSARNG, attached him to HQ, 154th Regiment, RTI, Camp Shelby, effective 3 January 2008 for the purpose of attending Officer Candidate School from 3 January to 8 March 2008. 13. On 6 May 2008, he was honorably discharged from the ARNG in the rank of SGT for the purposed of accepting a commission as an officer. 14. On 7 May 2008, he was appointed as a second lieutenant (2LT) Reserve officer in the Ordnance Branch in the MSARNG. 15. He provides and his record contains an OAB Addendum wherein it states, in part: a. He agreed to accept an appointment as an officer to serve in the Selected Reserve in a critical officer skill that was designated for bonus entitlement. b. He was being assessed in the NGB approved critical unit identification code (UIC) WTNBF0 [106th BSB] and would receive a bonus of $10,000 paid in one lump sum upon his successful completion of the Basic Officer Leader Course (BOLC). c. The addendum was signed by the service representative, applicant, and witnessing officer on 7 May 2008 and contains a valid BCN. On the copy of the addendum provided by the applicant, he noted that it was not his signature or initials on the addendum. 16. Orders 149-810, dated 28 May 2008, issued by the MSMD, MSARNG, appointed the applicant as a 2LT in the Military Intelligence (MI) Branch and reassigned him from the 106th BSB to HHC, 2nd Battalion, 198th Combined Arms Brigade (CAB), UIC WX4YT0, effective 7 May 2008, as the Tactical Intelligence Officer. 17. He attended and successfully completed the Ordnance Branch area of concentration (AOC) 91 (Basic Ordnance Officer) BOLC given at Aberdeen Proving Ground, MD, from 25 September 2008 to 15 January 2009. He was subsequently awarded AOC 91A (Maintenance and Munitions Material Officer). 18. Orders 311-803, dated 7 November 2009, issued by the MSMD, MSARNG, promoted him to the rank/grade of first lieutenant/O-2 effective 7 November 2009. These orders show he was assigned to the 106th BSB and attached to the 2nd Battalion, 198th CAB. 19. On 1 September 2010, he was released from attachment to the 2nd Battalion, 198th CAB. He was subsequently assigned to Battery D, 1st Battalion, 204th Air Defense Artillery (ADA), Newton, MS. 20. On 10 January 2012, he was promoted to the rank/grade of captain (CPT)/O-3. 21. He attended and successfully completed the ADA Officer Reclassification Class given at Fort Sill, OK, from 11 to 22 June 2012. 22. A memorandum from JFH, MSARNG, dated 10 July 2012, stated that based on the needs of the State he was awarded the primary AOC 91A and the additional AOC 14A (ADA Officer). 23. The applicant provides and his record contains a memorandum, dated 25 November 2014, wherein the Deputy G-1, NGB, denied the exception to policy request of the MSARNG for the applicant to retain the OAB of $10,000 and directed the State Incentive Manager to terminate the OAB with recoupment effective 7 May 2008. The NGB official stated: a. The applicant signed the OAB agreement while receiving the SLRP which violated Title 37, USC, section 308j (Enlistment Bonuses) and ARNG Selected Reserve Incentive Program (SRIP) 07-06. b. The BCN was requested after the date of accession which violated the ARNG SRIP 07-06. He was accessed in UIC WTNBF0 and was not serving in the AOC he contracted for. He contracted for AOC 91A and his current AOC was 14A. c. He contracted for the OAB while still completing a 6-year obligation for the SLRP. The law prohibits a Soldier from having two incentives simultaneously. 24. On the copy of the NGB memorandum provided by the applicant, he circled paragraph 23a above and noted the statement was false. He did not sign an OAB agreement and he was never given the opportunity to review the document. 25. There is no evidence in his records that shows any of the $15,000 bonus he received in March 2005 for enlisting in critical MOS 11B for 6 years was recouped after he served just 1 year in MOS 11B and accepted a commission after serving just over 3 years as an enlisted member. There is no evidence in his records that shows his entitlement to the SLRP was terminated after he was reassigned out of MOS 11B after serving just 1 year in that MOS. 26. ARNG SRIP Policy Number 07-06 stated eligible applicants were offered the OAB. This SRIP also stated newly-commissioned officers were prohibited from receiving the OAB if their enlisted bonus was terminated without recoupment as a result of a commission or appointment. To qualify for an OAB the officer must sign the OAB addendum on the date they accept their commission as a 2LT or appointment as a warrant officer. 27. Title 37, U.S. Code, section 308j, 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. The evidence of record shows the applicant reenlisted in the MSARNG on 18 March 2005 for a 6-year period in critical MOS 11B for a bonus of $15,000 and the SLRP of $20,000. He was paid the full amount of $15,000 for the bonus in 2005. 2. His entitlement to the bonus required that he serve in MOS 11B for the 6 years of his reenlistment and the SLRP Addendum stated he was required to serve at least 3 years in MOS 11B. However, he was reassigned in MOS 92F on 16 March 2006 after serving in MOS 11B for just 12 months. His entitlement to the bonus and SLRP should have been terminated effective 16 March 2006 as he did not fulfill the terms of either contract, but it appears that neither action occurred. 3. He also should have been obligated to repay $12,500 for the 5 years of the $15,000 bonus that he was overpaid as he only served in MOS 11B for 1 year. In addition, although the specific amount of financial assistance he received in the form of the SLRP is not known, the applicant confirmed he continued to receive financial assistance under the SLRP through March 2012. This was 6 years after his entitlement to the SLRP should have been terminated. 4. He was commissioned in the MSARNG on 7 May 2008. At the time of his commissioning, there was no option available for him to choose to receive the OAB or the SLRP. The receipt of the reenlistment bonus and the SLRP financial assistance made him ineligible for the OAB at the time of his commissioning. 5. His record contains an OAB Addendum that shows he was entitled to an OAB of $10,000 for being commissioned in the MSARNG in AOC 91A and UIC WTNBFO and he stated he was paid the $10,000 bonus, minus taxes. He was subsequently assigned to a different unit and in AOC 14A. 6. The applicant himself verified the OAB Addendum in his record is not a valid contract as he never saw the addendum, did not sign it, and stated his signature on the addendum was forged. It is unclear who would have forged his signature on the addendum; however, it is clear that many blatant errors or missteps occurred on the part of MSARNG personnel when his reenlistment bonus was not terminated, the $12,500 overpayment was not recouped, his SLRP was not terminated, his student loans continued to be paid, and when the OAB Addendum was processed and added to his record. 7. Regardless, the evidence of record confirms he was not eligible for the OAB and he was erroneously paid the $10,000. 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) AR20150003438 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003438 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1