RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20060014884


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an exception to policy for the Officer’s
Accession Bonus in the amount of $10,000.

2.  The applicant states, in effect, that he was misled to believe that he
would receive the Officer’s Accession Bonus of $10,000 upon graduating from
Military Police/Officer’s Basic Course (OBC).  He states in effect, that he
was commissioned on 11 June 2005; in the United States Army Reserve (USAR)
as a result his request for AC commissioning was denied.  However, prior to
attending OBC on 25 September 2005, he was notified of eligibility for the
bonus from both USAR and the NGB recruiting stations.  He adds that it was
confirmed at OBC via the Reserve Liaison Office, of which, all instructed
him to complete the written agreement upon completion of OBC and his
assignment to a reserve unit.  On
6 February 2006, he graduated from OBC and on 24 February 2006, he was
assigned to Fort Lewis, Washington.  He verified his eligibility
requirements through the Retention Office and completed the proper
documentation.  Further, he received verbal confirmation of his eligibility
from G-1 Human Resource System Branch, Personnel Senior Staff.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that on 11 June 2005, the
applicant was appointed a Reserve Commissioned Officer of the United States
Army in the grade of Second Lieutenant.  On 27 July 2005, the applicant was
ordered to active duty for training and on 6 February 2006, the applicant
graduated from OBC.

2.  On 24 February 2006, while assigned to a unit at Fort Lewis Washington,
the applicant completed a (Written Agreement Officer Bonus Acknowledgment),
which reflected in connection with his appointment as an officer and
agreement to serve with the United States Army Reserve Incentive Program,
whereby he acknowledged that he was entitled to a bonus as a member of the
USAR selected reserve and hereby agreed to serve in the selected reserve
for
6 years at which time he would receive a bonus of $10,000 paid in one lump
sum upon successful completion of OBC.  If he fail to accept a commission
or appointment as an officer, or do not satisfactorily complete the service
obligation incurred under the agreement, he understood that recoupment or
entitlement to a portion of the bonus amount will be calculated by dividing
the total bonus amount by the number of months of service that was agreed
to serve.  This document was authenticated with his signature and a witness
signature on 24 February 2006.  The applicant is currently serving in an
Active Army Reserve unit at Fort Lewis, Washington.

3.  During the processing of this case, an advisory opinion was obtained
from the Chief, Incentives and Budget Branch, Enlisted Accessions Division,
Department of the Army (DA) Office of the Deputy Chief of Staff, G-1.  The
DA G-1 official reviewed the applicant’s case and determined he was
qualified for a $6,000.00 SRIP bonus, instead of a $10,000.00 bonus.  DA
official further stated, in effect, that the Army Reserve policy letter
dated 19 May 2005 implemented the eligibility and procedures for
administering the selected Reserve Officer Accession and Affiliation
bonuses, which was authorized by a 25 January 2005 memorandum from the
Assistant Secretary of the Army.  To receive the bonus, the newly accessed
officer must meet eligibility criteria and access into an officer specialty
listed in the Selected Reserve Incentive Program (SRIP) for the period in
which commissioned.  The bonus amount established in the 2005 National
Defense Authorization Act (NDAA) was $6,000.00.  This amount was changed to
$10,000.00 under the 2006 NDAA.  The $10,000.00 amount was not approved
until after the start of the fiscal year 2006 (1 October 2005).  The
applicant accepted his commission prior to the effective date of the
$10,000 bonus.  Conflicting versions of the SRIP for 2005 shows officer’s
specialty 31A on one list and not on an amended list.  A counselor could
easily have been using the wrong list when counseling the applicant.  This
DA official recommended the applicant be granted partial relief and receive
an officer accession bonus in the amount of $6,000.00.

4.  Army Regulation 135-7 (Incentive Programs) prescribes policies and
procedures for the administration of the Army National Guard (ARNG) and
USAR incentive programs.  The SRIP incentive is offered to newly accessed
officers who met eligibility criteria and access into an officer specialty
listed in the Selected Reserve Incentive Program, for the period in which
commissioned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to an officer’s accession bonus
(SRIP) in the amount of $10,000.00 was carefully considered and found to
have some merit.

2.  It is clear that the applicant met eligibility criteria for entitlement
to the officer’s accession bonus for the period in which commissioned.
However, the DA G-1 official responsible for authorizing the SRIP
incentives confirms that the applicant was only entitled to $6,000.00 bonus
at the time of his appointment as a Reserve Officer.  Therefore, after
careful review of his military records it was determined that the applicant
is entitled to a $6,000.00 bonus, instead of the $10,000.00, due to the
fact that he was commissioned prior to the effective statue for the
$10,000.00 bonus.

3.  Therefore, in view of the facts of this case, it would be appropriate
and in the interest of justice to grant partial relief in the amount of
$6,000.00.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JI____  ___RML__  ___JRH _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that the individual concerned receive the Selected Reserve
Officer Accession and Affiliation Bonus / (SRIP) in the amount of
$6,000.00.

2.  That as a result of this action, Defense Finance and Accounting shall
remit payment to the applicant in the amount of $6,000.00, to which he is
entitled.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
receipt of the bonus in excess of $6,000.00.




                                  ______John Infante_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/24                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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