IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20100011844 


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 correction of his records to show he is eligible to be paid the Officer Candidate School (OCS) bonus based on enlistment for the OCS option.

2.  The applicant states he was promised an $8,000 bonus when he joined the Army.  He further states that two days before he graduated from OCS they were told they would not be receiving a [cash] bonus because of issues of payment.  He states that several of his classmates received bonus payments but he did not.  He states that after returning from deployment he reinitiated the process to receive payment of the bonus.  He was finally told he could request discharge from the military under fraudulent enlistment or could appeal to the ABCMR.  He further states that he wants to remain in the military but since others received the bonus, he would like to get paid the bonus. 

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 1 November 2005 in the pay grade of E-4 for the option to attend OCS.  Upon graduation from OCS he was commissioned as a second lieutenant and was awarded the specialty of transportation officer.  He was promoted to the rank of captain on 1 June 2009.

3.  The applicant's Regular Army enlistment documents contain a DA Form 3286 (Statement for Enlistment).  Page 3 of 8 of this form shows he was enlisting for the U.S. Army Cash Bonus (known as the OCS bonus) in the amount of $8,000.

4.  The applicant's records show he graduated from OCS on 4 May 2006.

5.  A Directorate of Military Personnel Management memorandum, dated 20 April 2006, subject: Advisory Opinion for 09S OCS Bonus Recipients, stated that due to an urgent need for OCS applicants, the Army implemented an enlistment bonus of $8,000 for OCS applicants as an extension of the policy of paying an enlistment bonus to all college graduates.  The memorandum indicated the Army began contracting for this bonus on 11 April 2005 and officially suspended the bonus on 6 April 2006 after it was determined the bonus was not supported by statute.

6.  A Directorate of Military Personnel Management memorandum, dated 28 April 2006, indicates a legislative change was submitted that would authorize the OCS Bonus.

7.  Legislation was approved to authorize payment of the OCS bonus in the amount of $8,000 to any person who, during the period beginning on 1 April 2005 and ending on 6 April 2006, executed an agreement to enlist for the purpose of attending OCS.  The written agreement was to complete OCS and accept a commission or appointment as an officer of the armed forces, and to serve on active duty as a commissioned officer for a period specified in the agreement. 

8.  In the processing of this case, on 14 April 2010, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 (Chief, Incentives and Budget Branch, Enlisted Accessions Division).  The advisory official states that the Army announced in a message that it would pay the OCS bonus in the amount of $8,000.  However, a ruling from an Office of Management and Budget (OMB) inquiry found the bonus to be legally objectionable and the bonus was suspended effective 6 April 2006.  The advisory official recommended the Board grant relief to the applicant since this case falls within the intent of the National Defense Authorization Act (NDAA) of 2007 approved legislation to pay the Army announced OCS bonus retroactive to 1 April 2005 through 6 April 2006.

9.  The applicant was provided a copy of the Office of the Deputy Chief of Staff, G-1 (Chief, Incentives and Budget Branch, Enlisted Accessions Division) advisory opinion for information and to allow him the opportunity to submit comments.  The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a service agreement in which he agreed to complete OCS and upon acceptance of a commission would receive a bonus of $8,000.  He graduated from OCS and accepted a commission.  However, it was determined that the bonus was legally objectionable, payments were suspended, and he did not receive payment of his bonus.

2.  A legislative change in NDAA 2007 authorized retroactive payment of this accession bonus for persons who signed an agreement for this bonus and who accepted a commission upon graduation from OCS.  

3.  In the interest of equity and justice, it would be appropriate for this applicant to be paid this bonus in the amount of $8,000.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

____X___  ___X____  __X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was retroactively eligible for the OCS accession bonus offered by the Army during the period 11 April 2005 to 6 April 2006.

2.  The Board further recommends that based on the above correction the Defense Finance and Accounting Service (DFAS) should audit the applicant's pay account and pay him accordingly based on this correction.




      _______ _   _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)                                         AR20100011844



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ABCMR Record of Proceedings (cont)                                         AR20100011844



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