IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001311 


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 he be issued a manual bonus control number to be eligible to receive the first installment of his Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in an authorized critical skill with the Missouri Army National Guard (MOARNG).

2.  The applicant states that, through no fault of his own, his OAB was not entered into the iMARC (Information Management and Reporting Center) system by 30 September 2010, thereby requiring an exception to policy (ETP) for issuance of a manual bonus control number.  The applicant further states as of    1 October 2010, the National Guard Bureau (NGB) no longer authorizes ETP for this matter and requires Soldiers to submit their requests to the Army Board for Correction of Military Records (ABCMR) for adjudication.

3.  The applicant provides:

* MOARNG memorandum to the ABCMR, dated 5 January 2011
* DA Form 2823 (Sworn Statement) from Ms. Dxxxx x. Bxxxx
* NGB memorandum reference Request for ETP, dated 9 December 2010
* MOARNG memorandum to the Chief, NGB reference Request for ETP, dated 1 November 2010
* MOARNG memorandum to the NGB reference Request of ETP, dated   26 October 2010
* Warrant Officer Accession Agreement, dated 25 September 2010
* NGB 337 (Oaths of Office)
* NGB memorandum reference Deadline for Submission of Manual Bonus Control Number ETP, dated 26 August 2010
* NGB memorandum reference Implementation Guidance for Incentive Contracts not in iMARC, dated 11 January 2010
* NGB memorandum reference Update on Implementation Guidance for Incentive Contracts not in iMARC, dated 7 July 2010

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant’s records show he completed Warrant Officer Candidate School and was appointed/commissioned as a Warrant Officer in the MOARNG effective 25 September 2010.

2.  The applicant's record contains an Officer/Warrant Officer Accession Bonus Addendum Acknowledgement, signed by the applicant on 25 September 2010.  An approved bonus control number and authentication by a service representative is absent from the form.

3.  On 26 August 2010, the Chief, Guard Strength Directorate of the NGB sent a memorandum to the G-1 of all states, Puerto Rico, the Virgin Islands, Guam and the District of Columbia establishing a deadline of 30 September 2010 for submission of manual bonus control numbers as an ETP.  The memorandum stated, in effect, that all ETPs for Selected Reserve Incentive Program (SRIP) contracts without a valid iMARC bonus control number would not be accepted after 30 September 2010.  The memorandum further stated requests received after the suspense would be returned without action to the Incentive Manager for submission to the ABCMR for adjudication.

4.  The applicant provided copies of two memoranda requesting an ETP for issuance of a manual bonus control number which state, in effect, that the individual responsible for inputting bonus contracts for officer accessions into iMARC was out sick the last week of September 2010 and that the error was not discovered until after the suspense date had passed, thereby necessitating a request for ETP.  Both memoranda requested favorable consideration of the ETP and further added that it was through no fault of the Soldier that his contract was not entered into iMARC within the required timeline.

5.  During the processing of this case, an advisory opinion was rendered by the Chief, Personnel Policy Division of the NGB.  He recommended approval of the applicant's request based upon the facts that a bonus addendum was executed on the date of the applicant's accession and states in part, “the Soldier will receive a bonus of $10,000.00 in two installments.”  The first installment will be paid upon his successful completion of the Basic Officer Leadership Course III (BOLC III)/Warrant Officer Basic Course (WOBC) and qualification in a critical skill.  The second would be paid on the third-year anniversary of the Soldier’s date of agreement, which will be 25 September 2013.  Additionally, a memorandum from the MOARNG, dated 5 January 2011, states the Soldier is eligible to receive the bonus. 

6.  The advisory opinion was furnished to the applicant on 7 June 2011 for information and to allow him the opportunity to submit comments or a rebuttal.  
The applicant did not submit comments to the advisory opinion.

7.  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.

8.  National Guard Regulation 600-7 (Selected Reserve Incentive Program (SRIP)), 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.

9.  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, provides in order to be eligible for receipt of either of two OABs, 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 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 AGR position.

	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.

10.  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, provides the ARNG offers a $10,000.00 OAB to newly commissioned officers and newly appointed warrant officers who agree to serve six years in an MTOE (Modification Table of Organization and Equipment) 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 issued a manual bonus control number in order to be eligible to receive the first installment of his OAB in the amount of $10,000.00, in accordance with the terms of his enlistment for an authorized critical skill in the MOARNG was carefully considered and determined to have merit.

2.  The applicant attests he was informed that in return for his agreement to fulfill a six-year commitment in the ARNG in a critical AOC, he would receive a $10,000.00 OAB paid in two installments.  The first 50 percent installment would be processed upon completion of BOLC III/WOBC and qualification in his critical skill.  The second and final payment of 50 percent would be processed on the third year anniversary of his agreement.

3.  The individual responsible for inputting bonus contracts for officer accessions into iMARC was out sick the last week of September 2010.  The error was not discovered until after the suspense date had passed, thereby, necessitating a request for ETP.  

4.  The Chief, Personnel Policy Division of the NGB affirms the applicant's contention and acknowledges this error occurred due to no fault of the applicant.  
Therefore, it would serve the interest of equity and justice to assign him a manual bonus control number thereby fully entitling him to payment of the bonus in accordance with the terms of his enlistment contract upon completion of the   prerequisites for payment of the OAB by the applicant.

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 a manual bonus control number for placement on his Officer Accession Bonus Addendum was issued on the date of his appointment/commissioning and paying him the $10,000.00 bonus, out of ARNG funds, 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)                                         AR20110001311



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ABCMR Record of Proceedings (cont)                                         AR20110001311



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