IN THE CASE OF:	  

		BOARD DATE:	    17 November 2011

		DOCKET NUMBER:  AR20110001752 


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 correction of his records to show he timely completed an Officer Accession Bonus (OAB) Addendum based on his eligibility during Fiscal Year (FY) 2008 and his commissioning date of 2 May 2008.

2.  The applicant states:

* at the time he was commissioned he was fully eligible for an OAB on or before his commissioning date
* he was not briefed that he was eligible to receive the bonus until after he completed the Officer Basic Course (OBC)
* the Nevada Army National Guard (NVARNG) Incentive Office requested an exception to policy to obtain an Information Management and Reporting Center (iMARC) Bonus Control Number (BCN)
* The request was promptly denied by the National Guard Bureau (NGB)
* Through no fault of his own, he is being denied an OAB that he was fully eligible to receive

3.  The applicant provides:

* Orders 156-625, dated 4 June 2008
* Memorandum for NVARNG State Incentive Manager, dated 1 November 2010
* Memorandum for Chief, NGB, dated 16 September 2010
* Memorandum for Chief, NGB dated 29 September 2010

CONSIDERATION OF EVIDENCE:

1.  In a memorandum dated 31 March 2010, U.S. Army Human Resources Command appointed the applicant as a second lieutenant, pay grade O-1, Armor Branch, effective 2 May 2008.  Orders 156-625, Nevada Military Department, dated 4 June 2008, subsequently appointed him as a second lieutenant in the NVARNG with the same effective date.

2.  His records contain a DA Form 1059 (Service School Academic Evaluation Report) which shows he completed the Basic Officer Leadership Course (BOLC) on 17 December 2008 in area of concentration (AOC) 19A (Armor, General).

3.  The applicant submits a memorandum from the NVARNG Officer Strength Manager (OSM), Recruiting and Retention to the Chief, NGB dated 16 September 2010.  The NVARNG OSM requested an exception to policy for an iMARC BCN for the applicant.  The NVARNG OSM stated "based on the State of Nevada's high deployment rate the Recruiting and Retention Command has experienced a high turnover (based on deployed members being backfilled).  One of the effects of this high turnover is inadequate knowledge base on Selected Reserve Incentive Program (SRIP) policy and implementation.  Upon commissioning into the NVARNG, the applicant was not properly briefed on the requirements to receive the OAB nor where [sic] the proper steps taken by key personnel to ensure the requirements were met.  The shortfall in the proper implementation of NGB Policy Number 10-01 was reviewed and a stringent process put in place to ensure there are no further lapses."  The Nevada Recruiting and Retention Command requested that the applicant's records be updated in iMARC and that a BCN be issued for $10,000.00.

4.  The NGB Chief, Education, Incentives and Employment Division responded to the request for an exception to policy stating the following:

	a.  The request for exception to policy to receive the OAB is denied.

	b.  In accordance with SRIP Guidance for FY 2007, 10 August 2007 through 31 March 2008, Policy 07-06, the applicant was commissioned into the NVARG in the critical AOC skill of 19A.  An OAB Addendum was not executed by the service member on the date of commissioning.  Upon review of all substantiating documentation, the applicant is ineligible for an OAB manual control number.

	c.  Military personnel offices should ensure all elements responsible for incentive processing are properly trained to preclude this issue from negatively affecting Soldiers in the future.  The officer may apply to the ABCMR if there is belief that an error or injustice still exists.

5.  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.

		(1)  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.

		(2)  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.

		(3)  Paragraph (2)(b) further 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.

6.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs.  The SRIP incentive is offered to newly-accessed officers who met eligibility criteria and access into an officer specialty listed in the SRIP, for the period in which commissioned.

DISCUSSION AND CONCLUSIONS:

1.  The basis of the applicant's contention is that he was not briefed that he was eligible to receive the bonus until after he completed OBC.  The lack of information caused him to not be eligible for the OAB to which he is fully entitled.

2.  The evidence of record shows that upon his initial appointment in the NVARNG on 2 May 2008, the state personnel officer was not aware that the OAB Addendum needed to be completed at that time.  The applicant completed BOLC on 17 December 2008.  It is safe to presume that had he been fully briefed on the OAB he would have completed an OAB Addendum to ensure he was eligible to receive the bonus.  

3.  Evidence shows that other than his failure to timely complete an OAB Addendum, he fulfilled the requirements to receive the bonus.  Therefore, it would serve the interest of equity and justice to make corrections to his records to show he timely completed an OAB Addendum on 2 May 2008 and to pay him an OAB in the amount of $10,000.00.

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

   a.  showing he executed and signed his OAB Addendum on 2 May 2008, the date of his appointment/commission; and
   
	b.  instructing the Defense Finance and Accounting Service to remit payment, from the Army National Guard funds, to the individual concerned in the amount of $10,000.00, the total amount of the bonus, 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)                                         AR20110001752





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ABCMR Record of Proceedings (cont)                                         AR20110001752



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