IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110007809 


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 to be issued a manual bonus control number for his officer accession bonus (OAB) contract and to be paid his bonus in accordance with his contract.

2.  The applicant states:

* he signed the paperwork for the OAB on 8 July 2008
* he was told the paperwork would be submitted to the State and that a bonus control number would be assigned; however, that was never done
* when he tried to collect his bonus after completion of the Basic Officer Leader Course (BOLC) he discovered there was no bonus control number
* there is a level of expectation that the bonus control number should have been requested well before the deadline of 30 September 2010
* an exception to policy memorandum should have never been needed

3.  The applicant provides:

* Written Agreement – OAB Addendum, dated 8 July 2008
* National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 8 July 2008
* DA Form 1059 (Service School Academic Evaluation Report) for the period 5 April-17 August 2010
* request for exception to policy from the Oregon Army National Guard (ORARNG), dated 22 December 2010


* memorandum from NGB, dated 9 February 2011
* memorandum from the Battalion Commander, 3rd Battalion, 116th Cavalry, dated 27 March 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the ORARNG on 8 July 2008.

2.  On 8 July 2008, he signed a Written Agreement – OAB Addendum in which he agreed to serve in the ARNG under the Selected Reserve Incentive Program for a period of 6 years.  The addendum also shows he would receive a bonus of $10,000.00 paid in one lump sum upon successful completion of the officer basic course (OBC).

3.  He completed the Field Artillery BOLC on 17 August 2010.

4.  He was promoted to first lieutenant effective 18 August 2010.

5.  On 22 December 2010, officials at ORARNG submitted a request for an exception to policy for a manual bonus control number for the applicant.  The letter states:

* the applicant was fully eligible for an OAB upon appointment in the ORARNG
* he completed a Written Agreement – OAB Addendum and he completed BOLC on 17 August 2010
* a control number was never requested from the commissioning source through the Information Management and Reporting Center (IMARC) for his completed Written Agreement – OAB Addendum
* it came to that office's attention when the applicant returned from BOLC and inquired about his bonus payment
* that office feels it is in the best interest of the ORARNG to approve the exception to policy and allow the applicant to be retained in the ORARNG

6.  On 9 February 2011, NGB disapproved the request for an exception to policy because it was not received by 30 September 2010 and advised the applicant to apply to this Board for relief.

7.  In support of his claim, the applicant provided a memorandum from the Battalion Commander, 3rd Battalion, 116th Cavalry, in Iraq who stated:

* after careful review of the applicant's file, he strongly endorsed the applicant's request for exception to policy and final payment of his OAB
* it was no fault of the applicant that his request was not submitted in a timely manner and it was unfortunately due to the ineptness of their State personnel processing team that led to the tardiness of the request
* since the applicant acted in good faith and assumed the Army system would work as it should, he believes the applicant is warranted the exception and the Army should pay him the compensation due him in accordance with his contract

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 for a period specified in the agreement.  Paragraph (2)(a) states the Secretary concerned shall designate the officer skills to which the authority under this subsection is to be applied for an Armed Force under the Secretary's jurisdiction.  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) 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.

9.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers 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 bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be issued a manual bonus control number and that the Army honor its written agreement authorizing him to receive a $10,000.00 accession bonus in conjunction with his appointment in the ORARNG was carefully considered and was found to have merit.

2.  The evidence of record confirms the applicant entered into a Written Agreement – OAB Addendum in good faith that authorized him to receive a $10,000.00 accession bonus in conjunction with his successful completion of OBC.  He completed the Field Artillery BOLC on 17 August 2010.

3.  Through no fault of the applicant, a bonus control number was never requested by the commissioning source through IMARC for his completed Written Agreement – OAB Addendum from the time he was appointed on 8 July 2008 to the suspense date of 30 September 2010 which resulted in not being assigned a bonus control number and being denied his OAB.

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 recommendation of the applicant's battalion commander, it would be appropriate and serve the interest of justice and equity to correct his record by showing the applicant was issued a manual bonus control number and showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum, dated 8 July 2008.

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 and ARNG records of the individual concerned be corrected by:

	a.  showing he was issued a manual bonus control number;

	b.  showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum, dated 8 July 2010; and

	c.  paying to him the $10,000.00 bonus out of ARNG funds as a result of the above corrections.



      _____________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)                                         AR20110007809



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ABCMR Record of Proceedings (cont)                                         AR20110007809



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