IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110011672 


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 retroactive payment of a $10,000.00 Officer Accession Bonus (OAB).

2.  He states that he believes he was entitled to an OAB, but he was not properly briefed on the correct timeliness for application.  He was poorly counseled by the Wyoming (WY) Incentives Manager, the Officer Personnel Manager, and the Warrant Officers Accessions Manager.  He did not apply for the OAB because he wasn’t aware he was eligible when he returned from flight school in March 2010. He was appointed as a warrant officer one (WO1) in June 2008.

3.  He also states that according to the Wyoming Army National Guard (WYARNG) Selected Reserved Incentive Program (SRIP) Policy Number 07-06 memorandum he was qualified to receive the OAB at date of rank.  Due to a lack of a process by the WYARNG, he was ill-informed of his eligibility to receive the OAB.  This lack of a process has since been remedied.  He should not be penalized for the neglect of the WYARNG.

4.  He provides:

* ARNG SRIP Policy Number 07-06 memorandum, dated 10 August 2007
* Appointment orders, dated 4 June 2008
* Oath of Office, dated 6 June 2008
* 
DA Form 1059 (Service School Academic Evaluation Report), dated 3 March 2010
* Two Requests for Exception to Policy for Payment of OAB memoranda, dated 31 March and 21 April 2010
* National Guard Bureau (NGB) Request for Exception to Policy for OAB memorandum, dated 21 May 2010
* WYARNG The Adjutant General (TAG) Exception to Policy memorandum, dated 17 September 2010

CONSIDERATION OF EVIDENCE:

1.  ARNG SRIP Policy Number 07-06 memorandum, dated 10 August 2007, updated on 10 March 2010, established policy to administer ARNG incentives effective 1 March 2009 until 30 September 2009.  Paragraph 12a(2) (OAB) stated the officer must sign the OAB Addendum on the date they accept their appointment as a WO1.  

2.  The applicant’s military record shows he was appointed in the WYARNG, as a WO1, on 6 June 2008, and completed an Oath of Office on the same day.  He completed Flight School on 3 March 2010.

3.  In a memorandum, dated 21 May 2010, to the WYARNG in response to their request, the Chief, Education, Incentives, and Employment Division, NGB, stated:

	a.  The WYARNG request for an exception to policy to allow the applicant to receive the $10,000 OAB could not be approved.

   b.  In accordance with (IAW) ARNG SRIP Guidance for Fiscal Year 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06), with Updates, dated 17 February 2009, paragraph 5.a., “Retroactive entitlement to an incentive offered under the policy was not authorized.”  Upon review of substantiating documents, the applicant’s Oath of Office was administered on 6 June 2008 and he was not offered the OAB on the day of appointment.  In addition, there was no bonus control number requested or approved through the Information Management and Reporting Center (IMARC) from the State Incentive Manager; therefore, the applicant remains ineligible for the incentive.

   c.  The Military Personnel Officer should ensure that all elements responsible for counseling Soldiers on that issue were properly trained, so that the guidance 
   
a service member received was accurate and effective.  That would preclude that issue from negatively affecting Soldiers in the future.

   d.  The applicant could file a claim with the ABCMR if he believed than an error or injustice still exists.   

4.  In a memorandum, dated 17 September 2010, the WYARNG TAG, requested the NGB approve the exception for the applicant as they believed a precedence was set when the NGB approved the exception for another WO1 under similar circumstances.  There is no evidence of record of the NGB’s response.

5.  National Guard Regulation 600-7 (SRIP), paragraph 4-5a, states affiliation bonus contracts are not valid without a bonus control number.  Bonus control numbers will be issued by the State Incentive Management Office to the Transition Noncommissioned officer and reported to NGB by State Incentive Managers on a monthly basis.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the Chief, Education, Incentives, and Employment Division, NGB, advised the WYARNG that the applicant was not eligible to receive the $10,000 OAB as IAW with paragraph 5.a. of the Policy Number 07-06 memorandum “Retroactive entitlement to an incentive offered under the policy was not authorized.”  

2.  NGB also advised that the exception to policy request for payment of the OAB could also not be approved because the evidence of record revealed the applicant’s Oath of Office was administered on 6 June 2008 and he was not offered the OAB on the day of appointment.  In addition, there was no bonus control number requested or approved through IMARC.

3.  There is no evidence of record and he provided insufficient evidence to show he was not properly counseled on the correct timeliness for application and that he was erroneously denied an OAB on the date of his appointment.  Since there is no evidence to show he signed an OAB addendum, it does not appear that he relied detrimentally on the bonus to accept appointment in the ARNG.

4.  Based on the SRIP Policy Number 07-061 memorandum and regulatory guidance he did not meet the eligibility criteria for an OAB.  Therefore, the action taken by the NGB appears to be proper and he has not shown otherwise.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20110011672





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ABCMR Record of Proceedings (cont)                                         AR20110011672



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