BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100008344 


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 an exception to policy for payment of a $10,000 Officer Affiliation Bonus (OAB). 

2.  The applicant states she was told by a U.S. Army Reserve (USAR) counselor at the end of March 2008 she qualified for the OAB if she transitioned from the Regular Army into a troop program unit (TPU) of the USAR rather than the Individual Ready Reserve (IRR).  The counselor told her since her expiration term of service (ETS) date was not until 1 May 2008 there was no rush to make a decision.  She completed the paperwork on 8 April 2008 and was subsequently assigned to the 2nd Battalion, 311th Regiment in October 2008.  She was later told that she did not qualify for the bonus because the bonus had expired for her 67A (Health Services) area of concentration (AOC) 7 days prior to her signing date.  This could have been avoided if the counselor had informed her she needed to sign the paperwork to ensure her eligibility for the bonus.  She then submitted an exception to policy packet through her chain of command that took too long.  She was ultimately denied payment of this bonus because the date she signed her bonus agreement was not a valid date to qualify for the bonus.  She feels her packet was neither taken seriously nor considered honestly and fairly.

3.  The applicant provides:

* Written OAB Agreement
* Transition packet memorandum
* Request for an exception to policy with chain of command recommendation for payment of the bonus
* Denial memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was appointed as a Medical Services Corps second lieutenant in the USAR with concurrent call to active duty and executed an oath of office on 15 December 2002.  She completed the Army Medical Department Officer Basic Course and she was promoted to captain (CPT) on 2 June 2006. 

2.  She was honorably discharged from active duty on 1 May 2008 for miscellaneous or general reasons.  She completed 5 years, 4 months, and 
17 days of creditable active service. 

3.  Prior to her discharge, she submitted a DA Form 5691-R (Request for Reserve Component Assignment Order).  In connection with this request, she executed a written agreement on 8 April 2008 wherein she agreed to serve in the Selected Reserve (SELRES) in a critical officer skill, unit, or grade designated for bonus entitlement by the Secretary of the Army or his delegate.  In return, she would be paid a $10,000 lump sum OAB upon assignment to the designated position, unit, or pay grade.

4.  She was assigned to the 2nd Battalion, 311th Regiment, 189th Infantry Brigade, First Army, Fort Bragg, NC.

5.  On 12 December 2008, by memorandum, she submitted an exception to policy for payment of the OAB.  She contended that she fulfilled her obligation in that she was scheduled to ETS on 1 May 2008 and after talking to a counselor, she was given the option of cutting her IRR time by half or taking the bonus for AOC 67A with a 3 year service obligation.  However, the bonus was denied because the Selective Reserve Incentive Program (SRIP) list that was used to write her contract expired on 31 March 2008 which disqualified her from receiving the bonus. 

6.  On 5 February and 13 August 2009, by memorandum, her intermediate and senior commanders concurred with her request to receive the bonus. 

7.  On 8 October 2009, the USAR Command Deputy Chief of Staff (DCS), G-1, denied her exception to policy request because AOC 67A was not authorized an OAB by the SRIP list in the 2nd half of Fiscal Year (FY) 2008.  She was also given the options of:


* remaining in her unit without receiving the OAB; 
* requesting a release back to the IRR; or
* applying to this Board

8.  On 29 January 2010, she was ordered to active duty for a period of 365 days in support of Operation Enduring Freedom.

9.  She submitted a memorandum, dated 20 December 2008, from a transition officer at Fort Bragg, who states that she (the author) was responsible for all transitioning officers within in the 82nd Airborne Division.  She completed the applicant's transition and subsequent reassignment to a TPU in April 2008 but she was unaware of the SRIP memorandum cut-off date for the bonus.  There was no intentional wrongdoing involved at the time.  

10.  An advisory opinion was received on 19 October 2010, from the Officer Division, Headquarters, Department of the Army (HQDA), DCS, G-1, in the processing of this case.  She was provided with this opinion but did not respond. An official at the DCS, G-1 recommended disapproval of her application for payment of the bonus since her AOC was not an authorized critical skill for the SELRES OAB.  Although she complied with all terms of her contract, she was erroneously offered the bonus.  The official also stated:

	a.  In order to be eligible for SELRES OAB, an individual in the USAR must meet the HQDA eligibility criteria published in Message 017/2005, Subject: Implementation Guidance for Use of New SELRES Officer Accession and Affiliation Bonus Authorized by the Assistant Secretary of the Army (Manpower and Reserve Affairs) as a Result of the 2005 National Defense Authorization Act; and the current USAR SRIP announcement in effect on the date the individual makes an application for officer appointment/training.  In addition, the individual must sign an agreement to serve in a TPU position in a critically short officer AOC listed in the current USAR SRIP announcement.  The official added:

	b.  In the applicant's case, the aggregate strength for AOC 67A appears to have been more than 90% of fill in the aggregate on the USAR SRIP announcement in effect at the time she was transferred to the USAR.  This assumption is based on the fact that 67A is not listed as eligible for SELRES accession or affiliation bonus.

	c.  The USAR Command maintains that AOC 67A was intentionally excluded from eligibility for the OAB and therefore the officer who offered her the bonus did so without authority.  Since she was ineligible for the bonus, she could not receive payment.  

11.  Office of the Chief, USAR Command, Memorandum, dated 26 March 2009, Subject: USAR FY 2008 2nd Half SRIP Policy Guidance from 1 April through 30 September 2008, states an OAB of $10,000 is authorized for a 3-year commitment.  Officer affiliating into selected positions must possess an AOC on the SRIP list to be eligible for the bonus.  The SRIP List for this timeframe does not include AOC 67A.  A bonus is restricted by critical AOC.  Lump sum payment of $10,000 is paid upon assignment to a TPU or award of a duty qualifying AOC whichever is applicable.  Term of service is based on the effective date of assignment or date of agreement, whichever is later.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should receive payment of a $10,000 Officer Affiliation Bonus (OAB). 

2.  The evidence of record shows, as she transitioned from active duty to the USAR, the applicant executed an agreement in connection with her request for assignment and agreed to serve in the SELRES in a critical officer skill that is so designated by the Secretary of the Army for a period of 3 years.

3.  Her AOC, 67A, was authorized an OAB during the first half of FY 2008 (1 October 2007 through 31 March 2008).  However, at the time she executed this agreement, on 8 April 2008, the AOC 67A was no longer listed as a designated critical officer skill.  The SRIP is an annual program but the USAR is authorized to make a mid-year adjustment to eligible AOCs and publish any additions or restrictions.  The program allows the USAR to tailor their bonus policy to the needs of that component.  Generally, the aggregate strength of an AOC must be below 90% of fill in the aggregate in order to be considered critical and eligible for the bonus.  

4.  In the applicant's case, she executed her agreement on 8 April 2008 in good faith and complied with all terms of the contract offered to her by her retention officer.  Neither she nor her retention officer was aware that the bonus list had changed 8 days earlier [31 March 2008] and that her AOC was no longer on the list.  Had she known so, it is reasonable to presume she would have signed this agreement prior to the change that took effect on 1 April 2008.  She acted in good faith; her retention officer acted in good faith; and she has fulfilled the terms of her contract.  As matter of equity, she should be entitled to the bonus.





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:

* Voiding her written agreement, dated 8 April 2008
* Reconstructing a new antedated agreement with a date of 31 March 2008 with a valid bonus entitlement
* Paying her the OAB in accordance with the new agreement



      _______ _   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)                                         AR20100008344



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)