IN THE CASE OF:	  

		BOARD DATE:	    1 December 2011

		DOCKET NUMBER:  AR20110004108 


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 payment of his Officer Accession Bonus (OAB) of $10,000.

2.  The applicant states he was commissioned and accessed as a Chaplain in the U.S. Army Reserve (USAR) in January 2010.  He was given an OAB agreement for $10,000.00.  However, when he applied for the OAB, it was denied because each of the three signatures on the contract had a different date with one or more of those signatures dated after the date of his accession.  Furthermore, he did not have a copy of the appointment order they wanted.  He contends he should receive this OAB because it was an incentive for accession.  He completed his portion of the bonus agreement before his date of accession.  The other signatures were entered later because the agreement was mailed to each signer.  

3.  The applicant provides two copies of his OAB written agreement, one with the original dates, and another with corrected dates; a memorandum from the U.S. Army Human Resources Command, St. Louis, Missouri (HRC-STL), dated 
6 January 2010; a DA Form 1059 (Service School Academic Evaluation Report) dated 2 September 2010; a DD Form 220 (Active Duty Report) dated 16 August 2010; a USAR Form 26-R (Pay Document Transmittal Letter), dated 6 October 2010; and a USAR Form 23-R (Selected Reserve (SELRES) Incentive Program (SRIP) Adjustment Certification Worksheet), dated 6 October 2010.



CONSIDERATION OF EVIDENCE:

1.  The SRIP effective 1 October 2009 lists area of concentration (AOC) 56A (Chaplain) and indicates eligibility for an OAB of $10,000.

2.  The two written agreements provided by the applicant show:

	a.  What appears to have been the first rendition of the agreement, shows an undated signature by the service representative; the applicant's signature dated 
9 October 2009; and the witness's signature dated 15 October 2009.

	b.  What appears to be a corrected copy of the same agreement, shows a different signature for the service representative; the same signature for the applicant and witness's signature.  All three signatures are dated 15 October 2009.

3.  A memorandum from the Chief, Appointments, HRC-STL, dated 
6 January 2010, announced the appointment of the applicant (first lieutenant) as a Reserve commissioned officer of the Army, in AOC 56A, Chaplain.  The applicant's acceptance date and effective date is indicated as 10 January 2010.  His date of rank is 10 January 2008.

4.  A DA Form 1059 dated 2 September 2010 reports that the applicant had achieved the course standards and completed the Chaplain Basic Officer Course.

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 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.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1 (Personnel), Washington DC.  The opinion stated:

	a.  SELRES officers must meet the eligibility requirements published in All Army Activities (ALARACT) Message 017/2005 and in the current USAR SRIP announcement in effect on the date the individual makes application for officer appointment/training.

	b.  SELRES officers must sign an agreement to accept a commission in a critically short AOC listed in the current USAR SRIP.

	c.  The applicant's bonus documents were reviewed in conjunction with the USAR SRIP announcement in effect at the time of his application for appointment.

	d.  The opinion concludes that the applicant met the criteria for receipt of the bonus.

	e.  The different signing dates on the bonus documentation does not negate the applicant's eligibility for the bonus.

	f.  the opinion recommended approval of the applicant's request for the SELRES OAB.

7.  A copy of the advisory opinion was sent to the applicant on 8 September 2011 for his information and opportunity to rebut.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was accessed into the SELRES in a critical skill AOC and was to receive a bonus of $10,000.  It is beyond dispute that he is fully eligible to receive the $10,000 OAB; however, he is being denied this entitlement because the signatures were entered on his bonus agreement with different dates.   

2.  The applicant should not be penalized because of a difference of dates for the signatures on the OAB agreement.  This minor administrative oversight does not negate the applicant's eligibility for an OAB.  

3.  Based on the above, his records should be corrected to show that the Written Agreement - OAB Addendum was properly signed on 15 October 2009, prior to the date of his appointment, making him fully eligible to receive the $10,000 OAB.
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 Department of the Army records of the individual concerned be corrected to show that:

	a.  he and all other appropriate officials signed the Written Agreement - OAB Addendum on 15 October 2009;

	b.  he is fully eligible to receive the OAB in the amount of $10,000; and
 
	c.  he be paid 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)                                         AR20110004108





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004108



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1