IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110011729 


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 that he be paid the remainder of his Officer Accession Bonus (OAB).

2.  The applicant states he was eligible for the OAB and signed the OAB Addendum on the date of completion of the officer basic course (OBC) at the direction of the Minnesota Army National Guard (MNARNG) Education Services Officer.  A bonus control number was requested and approved and an initial payment of $5,000.00 was paid.  In March 2011, after 3 years of service in the Army National Guard, he inquired about the date of the second half of his OAB and found that a hold was placed on the payment due to a difference in dates between the bonus agreement and his date of commission.  An exception to policy was submitted to the National Guard Bureau (NGB) but it was denied on
4 April 2011.  He adds that it is the responsibility of the recruiting force and incentive managers to ensure all required documents and information are presented to each prospective recruit and he should not be penalized for an administrative error through no fault of his own.

3.  The applicant provides:

* an OAB Addendum, dated 28 May 2008
* a DA Form 1059 (Service School Academic Evaluation Report), dated
23 May 2008
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2008
* a memorandum from the Wisconsin Army National Guard (WIARNG) to the National Guard Bureau (NGB), subject: Request for Exception to Policy for (applicant's name and social security number), dated 28 March 2011
* a memorandum reply from the NGB to the WIARNG, dated 4 April 2011

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel states she was the special branch recruiter when the applicant commissioned as a Medical Service Corps officer.  At that time, with a heavy mission requirement for critical skills branch officers, their focus was on processing commissioning packets and they were ill prepared for in-depth knowledge of all facets of bonus incentives.  She knew that Medical Corps officers were eligible on the area of concentration (AOC) critical list.  She believes the applicant fully believed he was entitled to and authorized the OAB based on their misinformation given by the recruiting force prior to or on the date of his commissioning.  She is now aware as the Education Service Officer for the state of Minnesota that many of their newly-commissioned officers were told in the past that they were eligible for the OAB and would contract for it after completion of OBC.

2.  Counsel states that for any and all administrative errors and policy oversight incurred in this situation, the applicant was told and believed that he was eligible for the OAB.  The law that entitles officers in authorized critical skills to a bonus does not mention addendum signature dates or bonus control numbers.  Counsel concludes that she encouraged the applicant to exercise his rights for due process and appeal to the highest levels if necessary to be allowed his right to retain and received the full OAB as promised.  The applicant did his best to follow the contractual guidelines and followed the guidance given to him by the ARNG representatives and did what he believed he needed to do for the incentive.

3.  Counsel provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in ARNG, the applicant was appointed as a second lieutenant in the MNARNG on 21 December 2007.  He completed the Army Medical Department (AMEDD) Basic Officer Leaders Course (BOLC) on 23 May 2008.  He was promoted to captain effective 23 June 2011 and he is currently serving in the WIARNG in that rank.

2.  His Written Agreement - OAB Addendum shows that he was to receive a bonus of $10,000.00 paid in two 50 percent (%) installments.  The first 50% installment was to be paid upon successful completion of BOLC and the second and final installment 50% installment was to be processed for payment on the third anniversary of commission or appointment.  This Written Agreement - OAB Addendum was signed by the applicant and by a service representative on 
28 May 2008.

3.  In a memorandum to the NGB dated 28 March 2011, the WIARNG requested an exception to policy regarding the applicant's OAB.  The requesting official stated the applicant was qualified for the OAB and that he should have signed the bonus agreement upon commissioning.  However, the written agreement was signed upon completion of BOLC based solely on the direction of the officer recruiting branch.  That action was taken in good faith even if all aspects of the policy were not specifically adhered to.  A bonus control number was requested and approved and the applicant was also paid the preliminary payment of the incentive.  The requesting official concluded that the error was through no fault of the applicant; it was due to an administrative error.

4.  In a memorandum from the NGB, Chief, Education, Incentives, and Employment Division, dated 4 April 2011, the official stated the retention of the OAB incentive pertaining to the applicant could not be approved because he did not sign the OAB Addendum until 28 May 2008, making the incentive retroactive. Applicants must sign their bonus addendum on the date they accept their commission.  Therefore, he is ineligible to retain the $10,000.00 OAB incentive.

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.  National Guard Regulation 600-7, chapter 2, 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 enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

7.  Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), paragraph 14o, dated 10 August 2007, states in order to be eligible for receipt of either of two OAB's, applicants must sign their bonus addendum 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 AOC 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 Active Guard Reserve position; and

	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
* Senior Health Care Professionals in Critically Short Wartime Specialties

8.  Departments of the Army and the Air Force, NGB, Arlington, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), paragraph 14p, dated 10 August 2007, states the ARNG offers a $10,000.00 OAB to newly-commissioned officers 

and newly-appointed warrant officers who agree to serve 6 years in a critical unit identification code (UIC) in a valid AOC.  The Critical UIC OAB will be paid in one lump-sum payment upon successful completion of an officer basic course (OBC) or warrant officer basic course (WOBC), as applicable.

9.  Paragraph 14p also states the ARNG offers a $10,000.00 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% installments.  The first 50% installment will be paid upon successful completion of BOLC or WOBC as applicable, and the second and final installment of 50% will be processed for payment on the third anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was accessed as an officer into the Medical Service Corps and it is beyond dispute that he is fully eligible to receive the $10,000 OAB.  He received the preliminary payment of the incentive; however, due to an administrative oversight, he is being denied the second and final installment of the OAB.

2.  As stated by a representative of the WIARNG, the written agreement was signed upon completion of BOLC based solely on the direction of the officer recruiting branch.  That action was taken in good faith, was not the applicant's fault, and was due to an administrative error.  As such, he should not be penalized for his branch recruiter's administrative oversight.

3.  Based on the foregoing, his records should be corrected to show that he signed the Written Agreement - OAB Addendum on 21 December 2007, the date of his appointment, and that he is fully eligible to receive the second and final installment of the 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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  amending his Written Agreement - OAB Addendum to show he signed this document on 21 December 2007;

	b.  showing he is fully eligible to receive the second and final installment of the OAB ($5,000); and

	c.  paying him, out of Army National Guard funds, the remaining portion of his OAB 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)                                         AR20110011729



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ABCMR Record of Proceedings (cont)                                         AR20110011729



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