IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110011890 


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 the $10,000.00 officer accession bonus (OAB) in accordance with his contract when he was commissioned as a U.S. Army Reserve (USAR) second lieutenant in 2007 as an exception to policy.

2.  The applicant states his OAB packet was denied by the USAR Pay Center because his written agreement was not signed on his commissioning date of 27 August 2007 and his original DA Form 61 (Application for Appointment) was not included with the packet.  He states he has since located his original DA Form 61 and has reconstructed his packet.  He states the USAR Command G-1 denied his request for an exception to policy because the required documents were not signed within 6 months of commissioning.  He states he should have been paid his OAB upon completion of his basic officer leader course.

3.  The applicant provides the documents listed in the table of contents submitted with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a USAR second lieutenant on 27 August 2007 upon completion of the Reserve Officers' Training Corps (ROTC) Program and was assigned to a troop program unit in Kentucky.

2.  He completed the Adjutant General Officer Basic Course on 28 July 2010 and was promoted to the rank of first lieutenant on the same date.  He was awarded the area of concentration (AOC) of primary specialty of 42B.

3.  On or about 17 December 2010, the applicant submitted a request for an exception to policy through his chain of command because his packet had to be reconstructed due to the absence of his OAB written agreement in his records.  His commander determined the mistakes in his case were made by the ROTC staff and recommended approval of the applicant's request.  He also determined the applicant was entitled to the OAB had the paperwork been properly prepared at the time.

4.  The reconstructed OAB Agreement indicates that he was to be paid his bonus in one lump sum upon completion of his basic course.

5.  On 8 March 2011, the USAR Command, Fort McPherson, Georgia, disapproved his request because he could not produce a copy of the OAB agreement executed at the time of application (commissioning).  He was advised to apply to the Army Board for Correction of Military Records.

6.  A review of the Fiscal Year 2007 Selective Reserve Incentive Program Policy Guidance for 1 May through 30 September 2007 shows that AOC 42B was eligible for the 3-year OAB.

7.  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 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 to be paid a $10,000.00 accession bonus in conjunction with his appointment as a second lieutenant in the USAR was carefully considered and appears to have merit.

2.  Although the applicant has not been able to produce his original agreement for an OAB, his battalion commander confirmed that the OAB was authorized at the time the applicant was commissioned and the applicant met all requirements to receive the OAB.

3.  It also appears that through no fault of the applicant, the ROTC officials responsible for completing the required paperwork and forwarding it to his official records failed to do so which resulted in being denied his OAB.

4.  Notwithstanding the absence of his original agreement, the available evidence shows that he was eligible to receive the OAB and that he has met the requirements necessary for payment of the bonus.

5.  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.

6.  In view of the facts of this case and based on the recommendation 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 entered into an OAB written agreement at the time of commissioning and by showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his reconstructed Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, dated 24 August 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 Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his reconstructed Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, dated 24 August 2010, and paying him the $10,000.00 bonus 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)                                         AR20110011890



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ABCMR Record of Proceedings (cont)                                         AR20110011890



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