IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110004747 


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 an Officer Accession Bonus (OAB) in the amount of $10,000 in accordance with the terms of his contractual agreement with the Texas Army National Guard (TXARNG).

2.  He states he was informed he was eligible for a $10,000 OAB which was guaranteed in his contract.  Upon completion of Officer Candidate School he began to inquire on the status of his bonus payments and he was given conflicting answers up through completion of the Basic Officer Leadership Course (BOLC).  He requested payment of the OAB as an exception to policy and the National Guard Bureau (NGB) denied his request. 

3.  He believes this injustice occurred due to faults in the recruiting and incentives branch.  It is either a result of ineffective training or the use of false information to persuade individuals to enlist.  He was not aware that an OAB addendum needed to be added to his contract. 

4.  He provides:

* Prior service records
* Portions of his enlistment contract
* A request for an exception to policy
* Various email transmissions
* Various NGB incentive program policy letters
* An extract of his military medical records

CONSIDERATION OF EVIDENCE:

1.  Following a period of service in the U.S. Marine Corps, on 16 July 2009, the applicant enlisted in the TXARNG for the Officer Candidate Enlistment Option.  His DA Form 1966 (Record of Military Processing – Armed Forces of the United States) contains the entry "I understand that I am eligible for Officer Accession Bonus Program.  I accept the Officer Accession Bonus of $10,000."  He placed his initials in the space next to this entry indicating his acceptance.

2.  He was appointed as a second lieutenant (2LT) in the ARNG effective 
19 March 2010 and completed the Infantry BOLC on 9 September 2010.

3.  He provided a series of email transmissions occurring between June and August 2010.  These documents show he made several inquiries to the TXARNG pertaining to the status of his OAB.

4.  On 5 January 2011, The Adjutant General (TAG) of the TXARNG sent a memorandum to the Chief of the Education, Incentives and Employment Division of the NGB requesting an exception to policy on behalf of the applicant for payment of the $10,000 OAB.

5.  The TAG stated, in effect, the error occurred as a result of an administrative oversight and it was due to no fault of the applicant.  The applicant was unaware that he needed to sign an OAB addendum upon his appointment to 2LT in the ARNG and as a result, a bonus control number was not issued.  

6.  On 10 February 2011, the Chief of the Education, Incentives and Employment Division of the NGB sent a memorandum to the TAG of the TXARNG informing him that the request for exception to policy could not be approved.  The basis of this decision was the applicant’s failure to execute an OAB addendum and the request for an OAB Manual Control Number (MCN) was received after the 
30 September 2010 deadline.  

7.  The NGB concluded by stating the Military Personnel Office should ensure that all elements responsible for counseling Soldiers on the issue are properly trained.  This would preclude issues of this nature from negatively affecting Soldiers in the future.  

8.  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.

9.  Paragraph 14o of NGB, Arlington, Virginia, Selected Reserve Incentive Program Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007 and updated annually through March 2010, provides in order to be eligible for receipt of the OAB, 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 also provides the ARNG offers a $10,000 OAB to newly commissioned officers and newly appointed warrant officers who agree to serve 6 years in a Modification Table of Organization and Equipment (MTOE) unit in a valid AOC.  The MTOE OAB will be paid in two 50 percent installments.  The first 50 percent installment ($5,000) 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 paid an OAB in the amount of $10,000 in accordance with his contractual agreement with the TXARNG was carefully considered and determined to have merit.

2.  The applicant attests that in return for his agreement to fulfill a 6-year commitment in the ARNG and successful completion of BOLC within 3 years of his appointment/commissioning date he would be paid a $10,000 OAB.

3.  The applicant completed BOLC on 9 September 2010.  He made several inquiries concerning payment of his OAB and submitted a request for payment as an exception to policy.  However, the NGB denied his request due to the fact that he did not initially complete an OAB addendum on the date of his appointment.  His request for payment could not be honored as an exception to policy because it was received after the 30 September 2010 deadline.

4.  Although the NGB policy guidance required the applicant to sign the OAB addendum on the date he accepted his appointment in the ARNG, there is no law or Headquarters, Department of the Army policy that requires an applicant to sign a bonus addendum on a specific date in order to be eligible for receipt of the bonus.  

5.  Based on the applicant being promised the OAB it would be in the interest of justice to pay him the OAB in accordance with his contractual agreement.

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:

	a.  showing he was assigned a valid MCN and signed his bonus addendum prior to the date he was appointed for an OAB in the amount of $10,000;

	b.  showing he is eligible for payment of the OAB in accordance with
the terms of his contractual agreement and addendum; and 

	c.  paying him the OAB out of ARNG funds as specified in his contractual agreement and 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)                                         AR20110004747



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ABCMR Record of Proceedings (cont)                                         AR20110004747



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