BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20100030305
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 accession bonus.
2. He states he believes he is entitled to a commissioning bonus based on the counseling statement he signed.
3. He provides a:
* DA Form 4856 (Developmental Counseling Form)
* DA Form 1059 (Service School Academic Evaluation Report)
* Corrected Written Agreement Officer Accession Bonus Acknowledgement
CONSIDERATION OF EVIDENCE:
1. Following periods of enlisted service in the Army National Guard, U.S. Army Reserve (USAR), and U.S. Navy, the applicant accepted appointment as a Reserve commissioned officer on 15 September 2008.
2. Orders R-08-888158 issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 21 August 2008, ordered him to active duty in an Active Guard Reserve (AGR) status for a period of 3 years with a reporting date of 15 September 2008.
3. He provides a corrected Written Agreement Officer Accession Bonus Acknowledgement signed by him and a witnessing officer on 16 April 2008 showing he acknowledged the eligibility criteria to receive a $10,000.00 lump sum bonus under the Selected Reserve Incentive Program (SRIP). In pertinent part, he acknowledged he was not accepting appointment for an AGR position.
4. He provides a DA Form 4856 showing he acknowledged he had been counseled on the Officer Direct Appointment Accession Bonus on 16 April 2008, understood the eligibility requirements to receive the incentive, and elected to receive the bonus.
5. On 22 July 2011 during the processing of this case, the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion. The advisory official stated to be eligible for the Selected Reserve Officer Accession Bonus, an individual in the USAR must meet the eligibility criteria published in All Army Activities (ALARACT) Message 017/2005 and the USAR SRIP announcement in effect on the date the individual makes an application for appointment and/or training. A condition of eligibility for the accession bonus is that the officer is not accepting an appointment for the purpose of assignment to an AGR position. The applicant was accessed to the USAR AGR Program the same day he was commissioned, thereby failing to comply with the terms of the accession bonus contract. The advisory official recommended disapproval of his application.
6. The applicant was provided a copy of the advisory opinion for comment and rebuttal. He did not respond within the specified period.
7. ALARACT Message 017/2005, dated 26 January 2005, provides implementation guidance for Selected Reserve officer accession and affiliation bonuses authorized by the Fiscal Year 2005 National Defense Authorization Act. The message states that the Officer Accession Bonus applies to newly-appointed commissioned and warrant officers who agree to serve in a Selected Reserve unit of the component in which appointed. The message states that to be eligible for the bonus, individuals must not be accepting appointment as an officer for an AGR position.
DISCUSSION AND CONCLUSIONS:
The applicant signed an agreement acknowledging he was not eligible for the Officer Accession Bonus if he were appointed to an AGR position the same day he was commissioned. The record shows he was ordered active duty in an AGR position effective the day he accepted his appointment. Accordingly, he is not entitled to be paid the Officer Accession Bonus.
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 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) AR20100030305
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