IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080002741 


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, that the Army honor the contract that authorized him to receive a $10,000 Officer Affiliation Bonus in conjunction with his transfer from the Active Component (AC) to the United States Army Reserve (USAR), or in the alternative that the orders transferring him from the AC to the USAR be amended to show that he was instead transferred to the Army National Guard (ARNG), which would have authorized the bonus in question and that he be paid the $10,000 bonus.

2.  The applicant states, in effect, that prior to the expiration of his active service obligation from the AC, the retention officer at Fort Lewis, Washington, counseled him regarding the $10,000 Officer Affiliation Bonus that was available to officers in the specialty skill identifier (SSI) 25A on many occasions.  The retention officer specifically told him that the bonus was valid whether he chose to enter the USAR or ARNG, and knowing this he chose the USAR, and was subsequently assigned to the 86th Regional Readiness Command (RRC).  He states that upon his arrival in his unit, he submitted the bonus contract in order to be paid the bonus.  At this time, he was informed he was not eligible for the bonus due to his SSI.  He states that he then contacted the Fort Lewis retention officer and she confirmed she made a mistake in telling him the bonus was valid for the USAR and in signing a contract to that effect.



3.  The applicant states that at this time, he tried to join the ARNG, since they had the authority to pay the bonus to officers in his SSI; however, he was informed that the only way the ARNG could authorized the bonus was if the orders transferring him from the AC to the USAR were rescinded and he were issued orders that transferred him from the AC to the ARNG.  He claims that he entered into the USAR contract authorizing the bonus in good faith and had he known the bonus was not authorized for the USAR, he would have joined the ARNG, which was an equally viable option at the time.  He requests the Board correct this injustice.

4.  The applicant provides the following documents in support of his application:  Officer Affiliation Bonus Written Agreement, dated 28 July 2007; electronic mail (e-mail) message, dated 17 September 2007; self-authored memorandum, subject:  Request for Exception to Policy, dated 17 October 2007; Fort Lewis Reserve Component (RC) Career Counselor memorandum, dated 19 October 2007; 96th RRC Human Resources Officer memorandum, dated 22 October 2007; 96th RRC G-8 Finance Officer memorandum, dated 18 October 2007; and United States Army Reserve Command (USARC) G-1 memorandum, dated 26 November 2007.

CONSIDERATION OF EVIDENCE:

1.  On 27 May 2000, the applicant was appointed a second lieutenant (2LT) in the USAR, and entered active duty in that status.  He served on active duty for 7 years, 2 months, and 5 days until 1 August 2007, at which time he was honorably released from active duty, in the rank of captain (CPT).

2.  On 28 July 2007, the applicant entered into an Officer Affiliation Bonus Written Agreement.  This agreement stated that in connection with his affiliation with the USAR under the Selected Reserve Incentive Program (SRIP), he would receive a lump sum bonus of $10,000 upon his assignment to the designated position, unit, or pay grade pursuant to the written agreement.  The applicant and a service representative authenticated this document with their signatures.

3.  On 17 September 2007, a military pay technician from Fort McCoy, Wisconsin, notified the applicant's unit that he was not authorized to receive the Officer Affiliation Bonus per the Fiscal Year 2007 SRIP list published by the USARC G-1.

4.  On 17 October 2007, the applicant requested an exception to policy and payment of the $10,000 Officer Affiliation Bonus he was authorized in the 28 July 2007 written agreement.

5.  On 19 October 2007, the Fort Lewis RC Career Counselor provided a memorandum supporting the applicant exception to policy request, in which she indicated that it was her fault the applicant's contract was incorrect and that she had indicated the applicant was eligible for the bonus.

6.  On 22 October 2007, the 96th RRC Human Resources Officer provided a memorandum supporting the applicant's exception to policy request.  This official indicated that the USAR was currently short of field grade officers and she recommended they retain as many as possible.

7.  On 26 November 2007, the Deputy Chief of Staff, G-1, USARC, disapproved the applicant's exception to policy request.  He stated that at the time of his affiliation with the USAR, the applicant's SSI was not authorized a bonus.

8.  Title 37 of the United States Code, Section 308j provides the legal authority to provide an affiliation bonus to officers in the Selected Reserves.  It states, in pertinent part, that the Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretary’s jurisdiction in a critical officer skill.  It further states that upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed.  The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the Army honor its written agreement authorizing him to receive a $10,000 affiliation bonus in conjunction with his entry into the USAR was carefully considered and found to have merit.

2.  By law, the Secretary concerned may authorize an affiliation bonus up to the amount of $10,000 to officers who enter into an agreement to serve in the Selected Reserve.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

3.  The evidence of record confirms the applicant entered into an Officer Affiliation Bonus Written Agreement with an Army Retention Officer that authorized him to receive a $10,000 affiliation bonus in conjunction with his entry into the USAR Selected Reserve in good faith.


4.  In view of the facts of this case, and based on the recommendation of the 96th RRC, the applicant's command, it would be appropriate and serve the interest of justice and equity to correct his record by showing the Army authorized him to receive the bonus in question, and by providing him a lump sum payment of the $10,000 affiliation bonus agreed to and authorized in the Officer Affiliation Bonus Written Agreement of 27 July 2007.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the Army authorized him to receive the $10,000 affiliation bonus agreed to and authorized in the Officer Affiliation Bonus Written Agreement of 27 July 2007 and providing a lump sum payment of this bonus.



	________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)                                         AR20080002741


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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