IN THE CASE OF:  

		BOARD DATE:  6 April 2020

		DOCKET NUMBER:  AR20180009716


APPLICANT REQUESTS: Correction of his record to show payment of the $10,000.00 
Officer Accession Bonus (OAB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 3540 (Certificate and Acknowledgement U.S. Army Reserve (USAR) 
	Service Requirements and Methods of Fulfillment), dated 20 October 2010
*	Headquarters, USAR Command (USARC) letter to the Honorable 	Mr. T-, 
	dated 8 June 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states on 20 October 2010, he signed an enlistment contract that 
offered both the OAB and the Student Loan Repayment Program (SLRP) incentive for 
successful completion of Officer Candidate School (OCS).  After fulfilling the terms of 
the contract, he applied for the SLRP and OAB incentives.  He was informed he would 
be receiving only one and he needed to submit a packet for the other.  Only until 
recently, after he submitted a congressional review, it was confirmed that he was 
offered both when the policy was you could receive one or the other.  He respectfully 
requests the terms of his contract be honored as written and mutually agreed upon and 
the OAB processed.  The Deputy, Chief of Staff G-1 reviewed his request and found 
"the accessioning agency erroneously offered him the OAB."

3.  A review of the applicant’s official records show the following:

	a.  On 20 October 2010, the applicant enlisted in the USAR in the rank/grade of 
specialist (SPC)/E-4 per a period of 6 years.  In conjunction with this enlistment the 
following forms were completed:

	(1)  DD Form 1966 (Record of Military Processing Armed Forces of the United 
States) showing in:

*	section 2 (Examination and Entrance Data Processing Codes), item n 
(Military Occupational Specialty (MOS)) O9S (Commissioned Officer 
Candidate)
*	section 4 (Certification), item 32a (Specific Option/Program Enlisted For) 
SLRP $40,000.00 and OAB $10,000.00

	(2)  DA Form 5261-4 (SLRP Addendum), section 3 (Acknowledgement), item 1b, 
he was contracting for and qualification in MOS 09S, which Headquarters Department 
of the Army has approved for a maximum of $40,000.00 in loan repayments.

	b.  On 18 August 2011, the applicant was appointed as a Reserve commissioned 
officer and executed an oath of office.

	c.  The applicant’s records are void of an OAB addendum. 

4.  The applicant provides:

	a.  DA Form 3540 showing the SLRP and OAB were his authorized entitlements.

	b.  USARC letter to the Honorable Mr. T- that states in pertinent part, the applicant 
accessed into the USAR on 20 October 2010, for a 6-year term with a $10,000.00 OAB 
and $40,000.00 SLRP incentive, in MOS 09S.  Public law prohibits Soldiers from 
receiving both an OAB and SLRP incentive for the same period of service. In this case, 
the accessioning agency erroneously offered him the OAB.  Based on the fact that he 
was already using his SLRP incentive, his OAB entitlement was terminated. 
Unfortunately, USARC G-1 does not have the authority to grant payment of the 
$10,000.00 OAB without first terminating the SLRP incentive and recouping the 
$39,573.13 that has already been paid to the applicant.

5.  Department of Defense Financial Management Regulation (DODFMR) sections:

	a.  030302 (Additional accession bonus eligibility requirements) states in addition to 
meeting executing a written agreement the member may not have received financial 
assistance through a loan repayment program 

	b.  560201 (OAB) states pursuant to Title 37, USC, section 332(a)(1), the Secretary 
concerned may pay an OAB to an eligible officer who enters into an agreement with the 
Secretary to accept an appointment as an officer in the Armed Forces; and to serve in 
the Selected Reserve. 
6.  Title 37, USC (Pay and Allowances of the Uniformed Services):

	a.  Section 332 (Pay and allowances of the Uniformed Services) states an 
agreement is a written agreement by a person to complete OCS; accept a commission 
as an officer of the armed forces; and to serve as a commissioned officer for a period 
specified in the agreement. 

	b.  Section 371(b) (Relationship to other incentives and pays) states a member may 
not receive a bonus or incentive pay under both subchapter 1 (existing special pay, 
incentive pay, and bonus authorities) and subchapter 2 (consolidation of special pay, 
incentive pay, and bonus authorities) for the same activity, skill, or period of service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The applicant’s contentions, his military record, and regulatory 
guidance were carefully considered.  Public law prohibits Soldiers from receiving both 
an OAB and SLRP incentive for the same period of service. The Board found the 
applicant was the recipient of the SLRP.  The Board determined evidence presented 
does not demonstrate the existence of a probable error or injustice.  
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: XXX	:XXX	:XXX	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.

		  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice.  This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3 year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  DODFMR sections:

	a.  030302 (Additional accession bonus eligibility requirements) states in addition to 
meeting executing a written agreement the member may not have received financial 
assistance through a loan repayment program 

	b.  560201 (OAB) states pursuant to Title 37, USC, section 332(a)(1), the Secretary 
concerned may pay an OAB to an eligible officer who enters into an agreement with the 
Secretary to accept an appointment as an officer in the Armed Forces; and to serve in 
the Selected Reserve. 

3.  Title 37, USC (Pay and Allowances of the Uniformed Services):

	a.  Section 332 (Pay and allowances of the Uniformed Services) states an 
agreement is a written agreement by a person to complete OCS; accept a commission 
as an officer of the armed forces; and to serve as a commissioned officer for a period 
specified in the agreement. 

	b.  Section 371(b) (Relationship to other incentives and pays) states a member may 
not receive a bonus or incentive pay under both subchapter 1 (existing special pay, 
incentive pay, and bonus authorities) and subchapter 2 (consolidation of special pay, 
incentive pay, and bonus authorities) for the same activity, skill, or period of service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180009716


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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