BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001705 


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 to be issued a manual bonus control number for his officer accession bonus (OAB) contract and to be paid his bonus in accordance with his contract.

2.  The applicant states his OAB was not entered into the Information Management and Reporting Center (IMARC) system through no fault of his own and required that a manual control number be issued.  However, effective 1 October 2010 the National Guard Bureau (NGB) stopped authorizing exceptions to policy and required Soldiers to apply to the Army Board for Correction of Military Records.

3.  The applicant provides copies of:

* a DA Form 2823 (Sworn Statement) from the individual responsible for obtaining his bonus control number, dated 20 December 2010
* his request to NGB for an exception to policy
* his Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, dated 25 September 2010
* his NGB Form 337 (Oaths of Office), dated 25 September 2010
* memoranda from the Missouri Army National Guard (MOARNG), dated 26 October 2010 and 1 November 2010, regarding incentive contracts not in IMARC
* a memorandum from NGB, dated 9 December 2010, regarding the deadline for manual bonus control numbers


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a warrant officer one (WO1) in the MOARNG upon graduation from the warrant officer candidate course on 25 September 2010.

2.  On 25 September 2010, the applicant also signed a Written Agreement – Officer/Warrant Officer Accession Bonus Addendum in which he agreed to serve in the MOARNG Selected Reserve Incentive Program in military occupational specialty 152F (AH-64A Attack Helicopter Pilot) for a period of 6 years in return for a $10,000.00 accession bonus.

3.  On 26 October 2010, officials at MOARNG submitted a request for an exception to policy for a manual bonus control number for the applicant and three other warrant officers.  The request stated the individual responsible for processing the contracts was out sick the last week of September 2010 and thus the contracts were late being submitted.

4.  On 9 December 2010, NGB disapproved the request for an exception to policy because it was not received by 30 September 2010 and advised MOARNG and the applicant to apply to this Board for relief.

5.  In the processing of this case a staff advisory opinion was obtained from the NGB which recommends approval of the applicant's request.  The advisory opinion was provided to the applicant for comment and to date no response has been received.

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 paragraph (2)(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 (2)(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 (Selected Reserve Incentive Programs), paragraph 2-5, states 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 contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be issued a manual bonus control number and that the Army honor its written agreement authorizing him to receive a $10,000.00 accession bonus in conjunction with his appointment as a WO1 in the MOARNG was carefully considered and was found to have merit.

2.  The evidence of record confirms the applicant entered into a Written Agreement – Officer/Warrant Officer Accession Bonus Addendum in good faith that authorized him to receive a $10,000.00 accession bonus in conjunction with his entry in the MOARNG.

3.  Through no fault of the applicant, the MOARNG official responsible for assigning a bonus control number was unavailable due to illness from the time the applicant was appointed on 25 September 2010 to the suspense date of 30 September 2010 which resulted in the applicant not being assigned a bonus control number and being denied his OAB.

4.  By law, the Secretary concerned may authorize an affiliation/accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the Selected Reserve in a critical specialty.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

5.  In view of the facts of this case and based on the recommendation of NGB and the applicant's command, it would be appropriate and serve the interest of justice and equity to correct his record by showing the applicant was issued a manual bonus control number and showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, dated 25 September 2010.



BOARD VOTE:

____x____  __x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and ARNG records of the individual concerned be corrected by:

	a.  showing he was  issued a manual bonus control number;

	b.  showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, dated 25 September 2010; and

	c.  paying to him the $10,000 bonus, out of ARNG funds, as a result of the above corrections.



      ___________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)                                         AR20110001705



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ABCMR Record of Proceedings (cont)                                         AR20110001705



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