IN THE CASE OF:	

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100023493 


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 payment of an Officer Accession Bonus (OAB) in the amount of $10,000.00 in connection with his commission in the Michigan Army National Guard (MIARNG).

2.  The applicant states that the National Guard Bureau (NGB) denied his bonus because a bonus addendum was not signed at the time of his commission.  He is requesting an exception to policy because he was never presented the addendum and he had no knowledge that it was a requirement.  He contends that it was an administrative error and not his fault.  He continues that he graduated from the Officer Candidate School (OCS) in 2006 and was eligible to receive a $10,000.00 bonus but had a serious injury which prevented him from receiving his commission immediately upon OCS graduation.  He still fell within the bracket to receive the bonus at the time of his commission.  He also contends that after several months of not hearing anything about why he had not received the bonus or what to do in order to receive it, he opened a Congressional inquiry. Nearly 2 years later, a memorandum, dated October 2008, surfaced from NGB which denied his request because he had not signed an addendum at the time of his commission.

3.  The applicant provides an NGB exception to policy denial memorandum.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the ARNG on 6 December 2003.

2.  On 26 August 2006, he graduated from OCS.

3.  On 5 January 2008, he was appointed as a second lieutenant in the ARNG as an infantry officer.  He completed the Infantry Basic Officer Leader Course on 6 June 2008.  He was promoted to first lieutenant effective 5 July 2009 and is currently serving in the ARNG on that rank.

4.  A search of his official military personnel file (OMPF) failed to reveal and he did not provide a copy of his officer service agreement or verification of an approved bonus control number.  His OMPF does contain a Finance Mobilization/Demobilization Documentation Requirements Checklist that makes reference to a bonus and states in the remarks section that a request was received from the bonus incentive manager and a memorandum signed by the ARNG commander.

5.  It appears the Incentive Manager Office of the MIARNG requested an exception to policy to allow the applicant to receive the OAB.  In a memorandum, dated 23 October 2008, the NGB Chief, Education, Incentives, and Employment Division, responded to the request and stated the applicant's bonus could not be approved because applicants must sign their bonus addenda on the date they accept their commission.  Therefore, he is ineligible for the OAB.  Officials at the MIARNG were advised that all elements responsible for counseling Soldiers on incentives should be properly trained in order to preclude negatively affecting Soldiers in the future.

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.  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.  Paragraph (2)(b) states a skill may be designated for an Armed Force under subparagraph (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.  Paragraph (b) 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.  National Guard Regulation 600-7, chapter 2, paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

8.  Paragraph 14o of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states in order to be eligible for receipt of either of two OAB's, applicants must sign their bonus addenda on the date that they accept their appointment/commission and meet the following eligibility requirements:

	a.  agree to serve as an officer for a period of not less than 6 years on active drilling status and meet all the required eligibility;

	b.  agree to serve in a critical skill area of concentration (AOC) as defined by the ARNG;

	c.  not accept an appointment as an officer or warrant officer for the purpose of qualifying for employment in a military technician or Active Guard Reserve position; and

	d.  not receiving and will not receive the following benefits during the period of service for which contracted:  Health Professions Stipend Program, Education Loan Repayment Program, Other Educational Assistance Programs – U.S. Marine Corps Platoon Leaders Class College Tuition Assistance Program, Reserve Officers' Training Corps (ROTC) Financial Assistance Program for Specially Selected Members, ROTC Financial Assistance Program for Specially Selected Members Army Reserve and ARNG, or Senior Health Care Professionals in Critically Short Wartime Specialties.

9.  Paragraph 14p of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states the ARNG offers a $10,000.00 OAB to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical unit identification code (UIC) in a valid AOC.  The Critical UIC OAB will be paid in one lump-sum payment upon successful completion of an officer basic course (OBC) or warrant officer basic course (WOBC), as applicable.

10.  Paragraph 14p also states the ARNG offers a $10,000.00 OAB to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a Modification Table of Organization and Equipment (MTOE) unit in a valid AOC.  The MTOE OAB will be paid in two 50-percent installments.  The first 50-percent installment ($5,000.00) will be paid upon successful completion of OBC or WOBC as applicable, and the second and final installment of 50 percent will be processed for payment on the third anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid an OAB in the amount of $10,000.00 was carefully considered.

2.  His OMPF contains a mobilization/demobilization checklist that references a bonus; however, his officer service agreement and/or the MIARNG original request for an exception to policy are not available for review.  Because these documents are not available, it cannot be established at this time whether an OAB was included in his officer service agreement or that he was in a critical UIC or valid AOC.

3.  Absent such evidence, there is no basis to grant his request.

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)                                         AR20100023493



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ABCMR Record of Proceedings (cont)                                         AR20100023493



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