IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110001233 


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 a manual bonus control number (BCN) for the Officer Accession Bonus (OAB) contract he signed on 25 September 2010.

2.  The applicant states that through no fault of his own his OAB was not entered into the Information Management and Reporting Center (IMARC).

3.  The applicant provides:

* three letters, dated 11 January, 7 July, and 26 August 2010, from the National Guard Bureau (NGB)
* NGB 337 (Oaths of Office)
* Written Agreement, Officer/Warrant Officer Accession Bonus Addendum, signed on 25 September 2010
* a memorandum, dated 26 October 2010, from the Missouri Army National Guard (MOARNG), 27th Recruiting & Retention Battalion, Jefferson City, MO
* a memorandum, dated 1 November 2010, from MOARNG Joint Force Headquarters, Jefferson City, MO
* a memorandum, dated 9 December 2010, from NGB
* DA Form 2823 (Sworn Statement), dated 20 December 2010
* a memorandum, dated 5 January 2011, from MOARNG, 27th Recruiting & Retention Battalion


CONSIDERATION OF EVIDENCE:

1.  He was appointed a warrant officer one on 25 September 2010.  He had previously served 14 years, 3 months, and 20 days of enlisted service in the Regular Army and the MOARNG.

2.  On 25 September 2010, he completed a Written Agreement, Officer/Warrant Officer Accession Bonus Addendum.

	a.  He agreed to serve in the Selected Reserve in area of concentration (AOC) 152F (AH-64A Attack Pilot) for 6 years.

	b.  He was being accessed into the ARNG approved critical AOC 152F.

	c.  He was to receive a bonus of $10,000 paid in two installments.  The first 50 percent installment to be processed upon completion of Basic Officer Leadership Course III and qualification in his AOC.  The second and final payment of 50 percent to be processed on the 3rd year anniversary of his agreement.

3.  A memorandum, dated 26 August 2010, from NGB established 30 September 2010 as the final date to submit manual BCN exception to policy requests for Selective Reserve Incentive Program contracts executed prior to 1 October 2010. NGB stated that requests for exception to policy received after that date would be returned without action for submission to the Army Board for Correction of Military Records (ABCMR) for adjudication.

4.  On 26 October 2010, an ARNG recruiting and retention battalion submitted a request to NGB for an exception to policy pertaining to the issuance of a manual bonus control number for the applicant and three other warrant officers.  Their accession bonus addendums were signed and forwarded on 25 September 2010 for input into IMARC; however, the person responsible for accomplishing this task was out sick.  The error was not discovered until after 1 October, thereby necessitating a request for an exception to policy.

5.  On 1 November 2010, the MOARNG submitted a memorandum to NGB requesting an exception to policy for the applicant for issuance of a manual BCN.

6.  On 9 December 2010, NGB disapproved the request for an exception to policy for a manual BCN to allow the applicant to receive the $10,000 OAB. NGB stated the request for a manual BCN for his OAB was received after the suspense date, making him ineligible for the incentive and BCN.  NGB stated he could file a claim with the ABCMR if he believed and error or injustice still existed.

7.  In a memorandum, dated 5 January 2011, the MOARNG, 27th Recruiting & Retention Battalion recommended approval of adjudication pertaining to the applicant and the issuance of a manual BCN.  It is through no fault of his own that his BCN was not requested through the IMARC System prior to 
30 September 2010.

8.  During the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB.  NGB recommends the applicant's contract be amended to indicate a valid BCN.  NGB stated that through no fault of the Soldier, the office staff member responsible for assigning a BCN was unavailable due to illness from the time he was appointed to the suspense date of 30 September 2010.

9.  The advisory opinion was forwarded to the applicant for comments.  However, no response has been received from him.

10.  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.

11.  National Guard Regulation 600-7, chapter 2, paragraph 2-5, provides 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to an OAB in the amount of $10,000.00 was carefully considered and found to have merit.  

2.  He accepted his appointment in the MOARNG for a period of 6 years and signed his Written Agreement, Officer/Warrant Officer Accession Bonus Addendum in good faith.

3.  He should not be penalized for the administrative errors committed by his unit and the State Incentive Office.  Had his paperwork been submitted in a timely manner his bonus control number would have been assigned.  

4.  Therefore, in the interest of justice, a valid BCN should be assigned and the applicant paid his OAB in accordance with his Written Agreement, Officer/Warrant Officer Accession Bonus Addendum.

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

* showing he was assigned a valid BCN prior to the 30 September 2010 deadline for an OAB in the amount of $10,000.00
* showing he is eligible for payment of the bonus in accordance with the terms of his Written Agreement, Officer/Warrant Officer Accession Bonus Addendum 
* 
paying him, out of Army National Guard funds, the bonus as specified in his Written Agreement, Officer/Warrant Officer Accession Bonus Addendum




      _______ _   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)                                         AR20110001233



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ABCMR Record of Proceedings (cont)                                         AR20110001233



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