IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100013450 


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 her “Written Agreement, Officer Accession Bonus (OAB) Addendum to amend the date of authentication to read 10 May 2008 instead of 10 August 2009 and payment of her OAB in the amount of $10,000.00.

2.  She states she was commissioned as a second lieutenant (2LT) in the Army National Guard on 10 May 2008 and she completed her Officer Basic Course (OBC) on 26 August 2009.  She was informed that she would not receive her OAB until she completed OBC.  When she inquired about the status of her bonus, she found out that the incentives manager was unaware of her eligibility to receive a bonus.

3.  The incentives manager instructed her to complete and sign another OAB Addendum and to leave the dates blank so that he could back date the form.  However, the bonus contract was not signed until after the completion of her OBC due to a misunderstanding between the Montana Army National Guard (MTARNG) officer personnel manager and the incentives manager.

4.  She provided the following documentation:

* A copy of her Written Agreement - OAB Addendum
* A copy of National Guard Bureau (NGB) Special Orders Number 334 AR, dated 24 December 2008
* A copy of a DA Form 1059 (Service School Academic Evaluation Report) for completion of the Signal Corps (SC) Basic Officer Leader Course (BOLC)
* A copy of Joint Force Headquarters - Montana, Fort Harrison, MT memorandum, Subject:  Exception to Policy for (applicant's name), dated 26 February 2010
* A copy of a Manual Control Number Request, dated 26 February 2010
* A copy of NGB, Arlington, VA memorandum, Subject:  Request for Exception to Policy for OAB (applicant's name and social security number), dated 13 April 2010

CONSIDERATION OF EVIDENCE:

1.  A copy of NGB Special Orders Number 334 AR indicates she was appointed as a 2LT in the MTARNG on 10 May 2008.  She is currently serving in an active MTARNG unit.

2.  She also provided a copy of documentation showing she successfully completed the SC BOLC on 26 August 1009 in area of concentration (AOC) 25A (SC Officer).

3.  Along with her application, she provided a copy of a memorandum from the Joint Force Headquarters - Montana, to the NGB, dated 26 February 2010, requesting an exception to policy for the applicant to receive her OAB.  This document was signed by the MTARNG Deputy J-1, a colonel/O6.  It states the incentives manager was unaware of the applicant's accession bonus issue until after she completed the SC BOLC.  Upon review of the contract, the incentives manager was unable to verify when the contract was entered into because it was not dated.  Prior to 2010, contracts were signed and dated as the officers became qualified.

4.  On 2 March 2010, the Chief, Education, Incentives and Employment Division, NGB responded to the request for exception to policy.  The official stated, in part:

   a.  Her request for exception to policy to receive the OAB could not be approved.  The Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008 and 2009, 10 August 2007 - 30 September 2009, Policy 07-06, stated, individual must sign the OAB Addendum on the date that they accept their commission as a 2LT or appointment as a warrant officer one.

   b.  The applicant's Oaths of Office was administered on 10 May 2008 and her OAB Addendum was signed on 2 November 2009, constituting a retroactive incentive which is not authorized.  Additionally, there was no bonus control number request or approval regarding the incentive.  
   
   c.  Military personnel offices should ensure all elements responsible for counseling Soldiers on this issue are properly trained to preclude this issue from negatively affecting Soldiers in the future.  The officer may apply to the ABCMR if she believes there is an error on injustice.

5.  The applicant provided a copy of a Memorandum for Record from the personnel officer at Joint Force Headquarters - Montana, dated 13 April 2010.  The personnel officer stated the applicant did complete the OAB Addendum although the date completed is not certain.  The personnel officer states she did not know that the applicant needed to complete this form at the time of her appointment in the MTARNG.

6.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:

	a.  accept an appointment as an officer in the Armed Forces, and

	b.  to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

		(1)  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.

		(2)  Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.

		(3)  Paragraph (2)(b) further states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

7.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs.  The SRIP incentive is offered to newly-accessed officers who met eligibility criteria and access into an officer specialty listed in the SRIP, for the period in which commissioned.
DISCUSSION AND CONCLUSIONS:

1.  The basis of her contention is that personnel officials at the State level of the MTARNG did not properly coordinate with one another when she entered into a legal contract with the U.S. Army.  This misunderstanding between these elements caused her not to be eligible for the OAB to which she was originally entitled.

2.  The evidence of record shows that upon her initial appointment in the MTARNG on 10 May 2008, the state personnel officer was not aware that the OAB Addendum needed to be completed at that time.  She completed the SC BOLC on 26 August 2009.  It is safe to presume when she submitted a request for payment of the bonus, she was subsequently denied because the form was not dated and there was no bonus control number request or approval pending.

3.  Evidence shows she entered the agreement in good faith, fulfilled the requirements of the written agreement, and upheld her service agreement.  Therefore, notwithstanding the NGB denial of her request for exception to policy for the OAB, it would serve the interest of equity and justice to make corrections to her OAB Addendum by amending the date signed to read “10 May 2008” and to pay her an OAB in the amount of $10,000.00 according to the parameters of the written agreement.

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

   a.  showing she executed and signed her OAB Addendum on 10 May 2008, the date of her appointment/commission, and
	b.  instructing the Defense Finance and Accounting Service to remit payment to the individual concerned the amount of $10,000.00, the total amount of the bonus, as a result of 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)                                         AR20100013450



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ABCMR Record of Proceedings (cont)                                         AR20100013450



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