IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110012043 


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 he be issued a manual bonus control number to be eligible to receive the first installment of his Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in an authorized critical skill with the Kansas Army National Guard (KSARNG).

2.  The applicant states, in effect, through no fault of his own, his OAB was not entered into the iMARC (Information Management and Reporting Center) system  thereby requiring an exception to policy for issuance of a manual bonus control number.  The applicant further states he was instructed the National Guard Bureau (NGB) Liaison would process the OAB through iMARC once he completed Warrant Officer Candidate School (WOCS) and accepted a commission.  Upon returning to Kansas, his name was identified as a potential issue for not being on the initial list of OABs the NGB sent for manual upload into iMARC.  Since he wasn’t identified by the Officer Recruiter at the time the original list came out from the NGB, the Education Office was unaware of the issue and therefore he never received his bonus.  

3.  The applicant provides:

* NGB 337 (Oaths of Office)
* DA Form 1059 (Service School Academic Evaluation Report)
* Officer Accession Bonus Addendum dated 27 January 2011
* Eight memoranda


CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant’s records show he completed WOCS and was appointed/commissioned as a warrant officer in the KSARNG effective 2 December 2008.

2.  On 23 September 2010, the NGB responded negatively to a request for an exception to policy from the KSARNG to allow the applicant and several other warrant officers to receive a $10,000.00 OAB.  The memorandum states, “In accordance with the Selective Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007 – 31 March 2008 (Policy Number 07-06), dated 10 August 2007 and EIOM 09-017 Continuation of Bonus Authorities to   28 February 2009; a $10,000.00 OAB for critical military occupational specialty (MOS) 153D was offered at the time of the applicant’s oath of office.  Upon review of all substantiating documentation, an incentive agreement was not executed nor was there a request for a control number in iMARC prior to or at the time of their commissioning.  In accordance with the referenced policy, paragraph 8, retroactive entitlement to an incentive is not authorized.  Therefore, they do not meet all eligibility criteria and remain ineligible to receive an incentive or a bonus control number.” 

3.  Apparently unaware of the KSARNG’s request for an exception to policy, the applicant initiated a request for exception to policy to be granted payment of a $10,000.00 OAB on 14 January 2011.  

4.  The applicant provides an OAB Addendum Acknowledgement, signed by him on 27 January 2011.  An approved bonus control number and authentication by a service representative is absent from the form.

5.  The applicant’s request for exception to policy was favorably endorsed by the KSARNG Incentive Manager; the G1; and the Adjutant General, Joint Forces Headquarters, KSARNG.  On 9 February 2011, the KSARNG Adjutant General  stated, “the Soldier was incorrectly advised on the administrative procedure to be granted the OAB and should not be penalized.”

6.  The applicant provides a memorandum from the NGB, dated 4 March 2011 which responded to his request for exception to policy to assign a manual control number to his OAB.  The memorandum stated, in effect, that an exception to policy for an OAB had been previously submitted to the NGB, and it was determined that the applicant was ineligible for the $10,000.00 OAB incentive.  It further stated to reference the exception to policy response memorandum from NGB dated 23 September 2010, and that he had the option to file a claim with the Army Board for Correction of Military Records.  
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 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.

8.  National Guard Regulation 600-7 (Selected Reserve Incentive Program (SRIP)), chapter 2, paragraph 2-5, states enlistment 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.

9.  Paragraph 14o of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states in order to be eligible for receipt of either of two OABs, applicants must sign their bonus addenda 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 Area of Concentration 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.

	d.  Not be 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, or Senior Health Care Professionals in Critically Short Wartime Specialties.

10.  Paragraph 14p of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), 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 six years in an MTOE (Modification Table of Organization and Equipment) unit in a valid AOC.  The MTOE OAB will be paid in two 50 percent installments.  The first 50 percent installment ($5,000.00) will be paid upon successful completion of OBC or WOBC as applicable, and the second and final installment of 50 percent will be processed for payment on the third anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be issued a manual bonus control number in order to be eligible to receive the first installment of his OAB in the amount of $10,000.00, in accordance with the terms of his enlistment for an authorized critical skill in the KSARNG was carefully considered and determined to have merit.

2.  The applicant attests he was informed that the NGB liaison would process the OAB once he completed WOCS and was commissioned.  He has successfully completed the WOC and flight schools and feels he is entitled to the bonus which was available to him prior to receiving erroneous guidance.  

3.  The Adjutant General, KSARNG affirms the applicant's contention and acknowledges this error occurred due to no fault of the applicant.  
Therefore, it would serve the interest of equity and justice to assign him a manual bonus control number thereby fully entitling him to payment of the bonus in accordance with the terms of his enlistment contract.







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 all Department of the Army records of the individual concerned be corrected by 
showing a manual bonus control number for placement on his OAB Addendum was issued on the date of his appointment/commissioning and paying him the $10,000.00 bonus, out of ARNG funds, as a result of this correction. 




      _______ _   _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)                                         AR20110012043



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ABCMR Record of Proceedings (cont)                                         AR20110012043



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