IN THE CASE OF:	  

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110003208 


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, in effect, a manual bonus control number (BCN) be issued for the Officer Accession Bonus (OAB) contract he signed on 7 January 2009.

2.  The applicant states he received a reenlistment bonus in 2006.  He later decided to obtain an officer commission and he was told he would receive another bonus without recoupment of the initial bonus.  He signed the contract; however, it was submitted without a BCN and this has prevented him from receiving his bonus.

3.  The applicant provides:

* email correspondence between the Assistant Inspector General and the Incentive Manager, Ohio Army National Guard (OHARNG)
* Written Agreement – OAB Addendum

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the OHARNG on 3 March 2003.  He received a $15,000.00 reenlistment bonus on 3 March 2006 during his enlisted period of service.

2.  After prior enlisted service, he was appointed in the OHARNG in the rank of second lieutenant/O-1 on 7 January 2009 and he completed a Written Agreement – OAB Addendum which stated in part:

	a.  He agreed to serve in the Selected Reserve for 6 years;

	b.  He was not being accessed for continuous active duty service; and

	c.  He was to receive a bonus of $10,000.00 paid in two installments.  The first 50-percent installment was to be processed upon completion of BOLC.  The second and final payment of 50 percent was to be processed on the third-year anniversary of his agreement.

3.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  NGB recommended that the applicant retain his $15,000.00 Reenlistment Bonus without recoupment and be authorized the $10,000.00 OAB.  The opinion cites email correspondence from the NGB Guard Strength Enterprise Division, dated 24 October 2011, which shows the applicant contracted for the OAB based on conflicting guidance published by NGB.  Through no fault of the Soldier, his packet was not entered into the Information Management and Reporting Center; therefore, no BCN was issued.

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

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.  Paragraph (2)(a) states that for an Armed Force under the Secretary's jurisdiction, the Secretary concerned shall designate 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.

6.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs (SRIP)), paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs 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 BCNs, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

7.  The NGB, Education and Incentives Operations Message 07-51, change to SRIP Policy Number 07-06 states, "Officer candidates and warrant officer candidates who are currently serving on an enlistment bonus contract will have their bonus terminated without recoupment action effecting the date of commissioning/appointment provided they have served at least 12 months of their enlisted bonus contract.  These Soldiers will be eligible for the OAB."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he completed approximately 34 months of his enlisted reenlistment bonus contract prior to accepting his appointment in the OHARNG for a period of 6 years and that he signed his Written Agreement – OAB Addendum in good faith.

2.  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 BCN would have been assigned.

3.  Therefore, in the interest of justice, a valid BCN should be assigned and the applicant should be paid his OAB in accordance with his Written Agreement – OAB Addendum.

4.  In view of the above, his request should be granted.

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

	a.  showing he was assigned a valid BCN on 7 January 2009 for an OAB in the amount of $10,000.00;

	b.  showing he is eligible for payment of the bonus in accordance with the terms of his Written Agreement – OAB Addendum; and

	c.  paying him, out of Army National Guard funds, the bonus as specified in his Written Agreement – OAB 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)                                         AR20110003208



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ABCMR Record of Proceedings (cont)                                         AR20110003208



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