IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090017985
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 approval of an Army National Guard (ARNG) accession bonus.
2. The applicant states an administrative error by the Tennessee ARNG keeps him from receiving an accession bonus.
3. The applicant provides, in support of his request, copies of a 16 February 2009 letter from a Tennessee ARNG Officer Strength Manager; a 17 September 2008 appointment order; a 24 July 1998 Academic Evaluation Report; a
25 March 1994 Academic Evaluation Report; a 26 March 1999 Academic Evaluation Report; an undated Officer Accession Bonus Addendum; NGB Form 0122E (National Guard Bureau Announcement of Federal Recognition in the Tennessee ARNG), dated 11 December 2008; an undated Officer Affiliation Bonus Addendum; NGB Memorandum, dated 29 April 2009; 8 pages of email messages; and an undated NGB Form 600-7-4-R-E (Annex B to DD Form 4 Enlisted Affiliation Bonus Army National of the United States).
CONSIDERATION OF EVIDENCE:
1. The applicant, a career Reserve Component Soldier, served as an enlisted member from 1981. He earned a bachelor's degree in 1985 and a master's in 1991. He was commissioned in 1993 in the U.S. Army Reserve. He received a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), dated
12 September 2001, but continued to participate and accrue qualifying years.
2. In May 2008 he applied for Federal recognition as an ARNG officer. It was approved on 17 September 2008. Effective that date, the applicant was transferred from the Individual Ready Reserve and appointed a captain in the Tennessee ARNG.
3. The documents submitted with this application show:
a. The Tennessee ARNG Officer Strength Manager, a first lieutenant, states that he failed to properly complete the paper work for the applicant's accession bonus. He takes full responsibility for the applicant not receiving the applicable bonus.
b. Both of the bonus addenda have been signed by the Officer Strength Manager as a witness and by the applicant. However, both are incomplete in that neither was dated by either of those officers. Neither copy is signed by an approving official and neither carries a bonus control number.
c. The 27 April 2009 NGB memorandum indicates that a second review of the applicant's request for an exception to policy in this case also resulted in disapproval. It noted that the applicant signed the agreement some 30 to 50 days after he became a member of the ARNG and that, by regulation, the program was not retroactive.
d. The various emails discuss the details of the case and mostly encourage the applicant to submit an application to this Board.
4. An advisory opinion from the NGB recommended denial of the application because there is no supporting evidence that they were prepared prior to the applicant's actual accession.
5. The applicant was provided a copy of the advisory opinion. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant states an administrative error by the Tennessee ARNG keeps him from receiving the accession bonus.
2. The available evidence is unconvincing. The NGB staff are convinced the bonus addenda were executed after the fact. Clearly, they are incomplete.
3. Given the applicant's years of experience, he knew or should have known that all applicable paper work needed to be properly completed prior to the fact. It is improbable that an experienced individual would consider such incomplete contracts to be binding and to act accordingly.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090017985
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