IN THE CASE OF:	  

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090006144 


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 that he be paid his officer accession bonus (OAB).

2.  The applicant states, in effect, that he was offered an OAB in the amount of $10,000.00 in return for a 6-year commitment as a commissioned officer with an Infantry area of concentration (AOC) and both he and the retention officer signed a written agreement for the bonus.  He goes on to state that he completed all of his training and was then denied payment of the bonus because his AOC was not listed under the Selected Reserve Incentive Program (SRIP) as being eligible for the bonus.  He further states that he requested payment as an exception to policy and his immediate chain of command recommended approval; however, officials at the division headquarters recommended disapproval and the U.S. Army Reserve Command (USARC) disapproved his request because his AOC was not on the SRIP list of approved AOCs.  He continues by stating that had he been properly advised at the time he would have selected an AOC that was on the list and that the Army should honor his contract.  He also cites a previous case in which the Board approved payment of an OAB to another officer who was not properly advised at the time of entering into a contract.

3.  The applicant provides a list of supporting documents submitted with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records, though somewhat incomplete, show that he enlisted in the Regular Army on 7 December 1983 and served as a light weapons infantryman until he was honorably released from active duty in the rank of sergeant on 6 December 1987 and was transferred to the USAR to complete his statutory service obligation.

2.  On 3 July 2003, he enlisted in the USAR in the pay grade of E-4.  He continued to serve in the USAR and was promoted to the pay grade of E-7 on 17 December 2006.

3.  While attending a "hire fair" conducted by the 88th Regional Readiness Command, the applicant submitted a request for a direct appointment as a USAR second lieutenant.  On 17 March 2007, he was counseled on the OAB by "hire fair" personnel and elected to receive the OAB in the AOC of Infantry.  The counseling was performed by a sergeant and witnessed by a major (command retention officer).  The written agreement stipulated that he would be paid a $10,000.00 bonus in one lump sum upon completion of his officer basic course, provided he did so within 36 months of appointment.

4.  On 11 September 2007, the applicant accepted appointment as a USAR second lieutenant.  He was ordered to active duty for training (ADT) on 13 January 2008 to attend the Infantry Basic Officer Leadership Course and completed the course as the distinguished honor graduate on 9 June 2008, at which time he was released from ADT and was returned to his USAR unit in Michigan.

5.  On 19 June 2008, the applicant's unit was notified by officials at the USAR Pay Center at Fort McCoy, Wisconsin, that they were unable to process the applicant's OAB because the applicant's specialty was not a specialty that qualified for an OAB.

6.  On 27 July 2008, the applicant submitted a request for payment of his OAB as an exception to policy because he entered into the agreement in good faith and completed all requirements expected of him.  The applicant's chain of command supported his request.  However, officials at the division headquarters in Charlotte, North Carolina, recommended disapproval of the request and contended that because his AOC (Infantry) was not on the SRIP list, no contractual obligation or commitment between the applicant and the Army Reserve existed for entitlement or payment.

7.  On 3 April 2009, USARC at Fort McPherson, Georgia, disapproved the applicant's request because his AOC was not authorized an OAB.

8.  In the processing of this case a staff advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, which opines that while the applicant's AOC was not one of the AOC authorized the OAB, the applicant complied with all terms of the contract offered him by an Army official responsible for bonus contracting and recommends favorable consideration of his request in the interest of justice.  The advisory opinion was provided to the applicant for comment and he concurred with the opinion as written.

9.  Title 37 of the U.S. Code, section 308j, provides the legal authority to provide an affiliation (i.e., accession) 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 $10,000.00 accession 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/accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the Selected Reserve in a critical specialty.  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 Accession Bonus Written Agreement in good faith with an Army Retention Officer that authorized him to receive a $10,000.00 accession bonus in conjunction with his entry into the USAR Selected Reserve.

4.  In view of the facts of this case and based on the recommendation of the Department of the Army G-1 and 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 $10,000.00 accession bonus agreed to and authorized in the Officer Accession Bonus Written Agreement of 17 March 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 $10,000.00 accession bonus agreed to and authorized in the Officer Accession Bonus Written Agreement of 17 March 2007 and by 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)                                         AR20090006144



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ABCMR Record of Proceedings (cont)                                         AR20090006144



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