BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20100029331 


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 a $10,000.00 Officer Accession Bonus (OAB).

2.  The applicant states:

   a.  having been assigned a bonus control number (BCN) on his accession contract, no one from the Office of Strength Management (OSM) made a request to have the BCN entered in iMARC;
   
   b. after learning no request was made, OSM personnel further delayed submitting the request from 11 January 2010 until April 2010 thereby missing the 1 March 2010 deadline and the request was subsequently disapproved;
   
   c.  his OAB paperwork was correctly filled out by an OSM official with an assigned BCN prior to his appointment in the rank of warrant officer one (WO1) in the Ohio Army National Guard (OHARNG) in August 2007;
   
   d.  he was solely denied the OAB based on administrative error in the iMARC system, or due to the lack of training of the individuals processing his OAB paperwork; 
   
   e.  his eligibility for an OAB was properly established, he acted ethically and with the integrity expected of an officer, and fulfilled his end of the officer accession contract; and
   
   f.  the denial of his request for the OAB should be reversed.
   
3.  The applicant provides:

* Self-authored statement
* Officer Accession Contract
* Appointment Order
* Standard Installation/Division Personnel System Query Screen Print-out
* Memoranda dated 26 April 2010 and 18 June 2010
* Manual Control Number
* three DA Forms 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  On 18 May 2006, the applicant completed a written agreement officer accession bonus addendum which shows he would receive a $10,000.00 bonus paid in one lump sum upon successful completion of the Officer Basic Course (OBC) or the Warrant Officer Basic Course.  It also contained BCN "OAXXXXXXOH."

2.  A DA Form 1059 dated 14 July 2008 shows the applicant successfully completed WOBC on that date.  Department of the Army and the Air Force, National Guard Bureau, Special Orders Number 235 dated 15 September 2008, shows the applicant's federally recognized status was changed to show he was awarded area of concentration (AOC) 151A (Aviation Maintenance Technician) on 14 July 2008.

3.  On 26 April 2010, a Military Personnel Officer, State of Ohio Adjutant General's Department, submitted a Request for Exception to Policy for an ARNG OAB pertaining to the applicant.  In this request he:

   a.  requested the applicant's BCN be approved for a $10,000.00 OAB in AOC 151;
   
   b.  indicated the applicant reports the OSM experienced a personnel change at the time his OAB contract was completed; however, a BCN was never requested;
   
   c.  the Incentives office learned no BCN was requested for the applicant on 13 January 2010, and the applicant's verbal inquiries regarding his OAB to the OSM resulting in no further action by the OSM; and
   
   d.  the applicant was fully eligible to contract for an OAB, his contract containing all appropriate signatures was completed on time.  Based on recent changes allowing submission of an "exception to policy" request for any manual contract not loaded prior to 1 March 2010, request favorable consideration be given the applicant's request to issue a BCN with his 18 May 2006 OAB contract.
   
4.  On 18 June 2010, the Chief, Education, Incentives and Employment Division, National Guard Bureau (NGB), disapproved the applicant's request for Exception Policy for an OAB, because his incentive contract was not submitted to the NGB by the 1 March 2010 deadline.

5.  On 15 April 2011, the Educations and Incentives Officer, State of Ohio, Adjutant General's Department, stated:

   a.  the applicant met all conditions of the OAB contract entered into with the ARNG on 18 May 2006;
   
   b.  the applicant was eligible to receive the OAB payment of $10,000.00 on 14 July 2008 (now over 33 months overdue);
   
   c.  the 1 March 2010 deadline cited in the Chief, Education, Incentives and Employment Division, NGB, disapproval memorandum, dated 18 June 2010, was extended to 30 September 2010 by the NGB-EDU-10-31 Memorandum, Subject: Update on Implementation Guidance for Incentive Contracts not in iMARC dated 7 July 2010, thereby nullifying this reason for disapproval;
   
   d.  the reference to no extenuating circumstances involving the replacement of the Warrant Officer Procurement Manager with another Warrant Officer was no excuse not to follow proper procedure nor grounds to deny a bonus payment to an officer who fulfilled all requirements of his contract;
   
   e.  administrative inaptitude should never be cited as a valid reason to deny a Soldier benefits which have been contracted for in good faith in the ARNG, when they have taken all appropriate steps to meet all contractual obligations; and
   
   f.  he recommended the ABCMR favorably authorized the $10,000.00 payment of the applicant's OAB.

6.  An advisory opinion was obtained on 22 June 2011 in the processing of this case.  An NGB official recommended approval of the bonus payment in the amount of $10,000.00.  The advisory opinion states:

	a.  "The [applicant] became a member of the OHARNG with the understanding that he was eligible for the OAB.  He signed a Written Agreement OAB Addendum on 18 May 2006, which states in part, "the Soldier would receive a bonus of $10,000.00 in one lump sum upon his successful completion of OBC/WOBC.  The contract shows a BCN and the applicant should have received the OAB upon his successful completion of OBC on 14 July 2008.

   b.  OHARNG Memorandum dated 15 April 2011 confirms the applicant was eligible to receive the bonus, but due to administrative error, the contract was not entered into iMARC by the 1 March 2010 deadline.  New guidance released on 7 July 2010 extended the submission deadline through 30 September 2010.  

   c.  NGB Education, Incentives and Employment Division disapproved the State’s Request for Exception top Policy on behalf of the applicant due in part to the Soldier's bonus packet not being entered into iMARC by the established deadline as well as a BCN not being requested.  The extension of the deadline to 30 September 2010 negates the fact that the State missed the initial deadline of 1 March 2010.  Additionally, OHARNG memorandum implies that a change in personnel contributed to the proper procedures not being followed in the submission of the bonus packet in a timely manner.
   
   d.  Therefore, because of the acknowledged administrator error, and through no fault of the Soldier, the applicant should not be denied receipt of the agreed upon bonus for which he signed.

7.  He was provided with a copy of this advisory opinion and concurred with its content on 9 July 2011.

8.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), provides that the State Incentive Manager will verify accession packets as prescribed by State policy for bonus control number, accuracy of enlistment or appointment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be authorized payment for the OAB for which he contracted.

2.  The evidence of record confirms the applicant signed an OAB Addendum in good faith that promised him a bonus upon completion of WOBC.  It is evident that several errors committed by the OHARNG in the processing of the applicant's OAB contract resulted in nonpayment of this bonus.  He met all conditions of the OAB contract, successfully completed WOBC on 14 July 2008, while the OSM delayed submitting his OAB contract to the NGB or entering it into iMARC.  The lateness of the request was through no fault of his own.  He should not be penalized for errors committed by OHARNG officials.  Accordingly, the applicant should be authorized the $10,000.00 OAB payment at this time.

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 to show he is eligible for payment of a $10,000.00 OAB and be paid this bonus as specified in his OAB Addendum, the bonus to be paid out of ARNG funds.




      _______ _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)                                         AR20100029331





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ABCMR Record of Proceedings (cont)                                         AR20100029331



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