IN THE CASE OF:	  

		BOARD DATE:	    25 October 2011

		DOCKET NUMBER:  AR20110006605 


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, to be paid his warrant officer accession bonus (WOAB).

2.  The applicant states, in effect, that he completed the paperwork necessary to receive his WOAB at the time of his enlistment and he completed the training necessary to receive the WOAB; however, because a witnessing officer did not sign the paperwork at the time he did, he has been denied his bonus.  He states his commander was present at the time he signed the agreement but did not sign it himself and when he submitted his request for payment it was denied.

3.  The applicant provides copies of his request for an exception to policy for payment of his WOAB, oath of office, diploma for completion of the warrant officer basic course (WOBC), and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  On 14 May 2007 while serving in pay grade E-6 in the Naval Reserve, the applicant acknowledged he had been counseled on the Army WOAB and understood the requirements to receive the bonus.  He elected to receive the WOAB and it was witnessed by an Army master sergeant.  However, there was no witnessing official signature on the agreement made at the time.

2.  After serving in the Regular Navy and the Naval Reserve, the applicant enlisted in the U.S. Army Reserve (USAR) in pay grade E-6 on 4 December 2007 for a period of 6 years under the warrant officer candidate training program.

3.  On 20 September 2008, he was appointed as a USAR warrant officer one.  He completed the WOBC on 7 May 2010 and on 20 September 2010 he was promoted to the rank of chief warrant officer two.

4.  On 29 September 2010, the applicant's unit submitted a request for payment of the WOAB to the applicant effective 7 May 2010.

5.  Although not in the available records, the request was denied due to the absence of a witnessing official at the time the applicant signed the agreement.  Accordingly, the unit submitted a request for an exception to policy to the U.S. Army Reserve Command (USARC) at Fort McPherson, Georgia.

6.  The applicant's battalion commander indicated the absence of a witnessing official's signature was simply an administrative oversight that was not caught in 2007 and contended that the applicant was being unjustly denied a bonus for which he had met all requirements to receive through no fault of his own.  The brigade commander also supported payment of the bonus to the applicant.

7.  On 11 March 2011, USARC denied the request for an exception to policy contending that the agreement was not valid because the witnessing official did not sign the form at the time the applicant did.  The applicant was advised to apply to this Board.

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 designated skill 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the Army honor its written agreement authorizing him to receive a $10,000.00 accession bonus in conjunction with his completion of the WOBC was carefully considered and appears 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 completion of the WOBC.  It is also apparent based on the date of the agreement that the WOAB was used as an incentive to entice the applicant to enlist in the warrant officer candidate program in a critical skill.

3.  Through no fault of the applicant, the USAR official responsible for initiating and completing the agreement did not ensure that the form was properly witnessed at the time and has resulted in the applicant being unjustly denied his WOAB.  Additionally, it is not reasonable that the applicant would have been familiar with the requirements for completing the necessary paperwork at the time he was being recruited.

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 recommendations of the applicant's chain of command, it would be appropriate and serve the interest of justice and equity to correct his record by showing the applicant's WOAB agreement was properly witnessed and that he is entitled to receive his WOAB effective 7 May 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 records of the individual concerned be corrected by showing the applicant's WOAB Agreement was properly witnessed and that he is entitled to receive his WOAB effective 7 May 2010.



      __________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)                                         AR20110006605



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ABCMR Record of Proceedings (cont)                                         AR20110006605



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