BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110012515
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 an officer accession bonus (OAB) for her appointment as a commissioned officer in the Kansas Army National Guard (KSARNG) Judge Advocate General's (JAG) Corps.
2. The applicant states:
a. In November 2008, when she began the JAG application process, the area of concentration (AOC) of 27A (JAG Corps Attorney) was determined to be a critical skill and she was eligible for a $10,000.00 OAB. Her packet was completed and submitted on 29 March 2009. She was formally accepted by the Office of the Judge Advocate General (OTJAG) on 30 April 2009 and hoped to go before the Federal recognition board on 29 May 2009.
b. Due to the fault of the National Guard Bureau (NGB), she did not receive her OAB as she was promised throughout her application process. NGB sat on her paperwork until the bonus was cut off on 12 June 2009, 2 months after OTJAG formally approved her application. Despite this injustice, she took the oaths of office and was commissioned on 29 July 2009.
3. The applicant provides five memoranda, a letter, five pages of email, and a three-page roster.
CONSIDERATION OF EVIDENCE:
1. A memorandum, dated 17 June 2009, from the Judge Advocate Recruiting Office, Rosslyn, VA, to NGB, Arlington, VA, stated, "[Applicant] possesses the professional qualifications for appointment as a first lieutenant (1LT) KSARNG. Recommend appointment and Federal recognition as a 1LT with 1 year [of] time in grade."
2. The applicant's records show she was appointed as a JAG Corps 1LT in the KSARNG and executed the oaths of office on 29 July 2009.
3. On 16 November 2009, NGB issued Special Orders Number 274 AR extending her Federal recognition for her initial appointment in the KSARNG as a JAG officer in the rank of 1LT with an effective date of 29 July 2009 and a date of rank of 29 July 2008.
4. On 10 August 2009, the KSARNG submitted a request for an exception to policy to offer an OAB to the applicant. The request stated the applicant had every intention of contracting with the KSARNG in May 2009 in AOC 27A. Due to circumstances beyond the applicant's control, necessary documents were not returned to the State Officer Recruiting Office. The applicant was forced to delay commissioning and AOC 27A was removed from the critical AOC list effective 12 June 2009.
5. On 18 August 2009, the Chief, Education, Incentives, and Employment Division, NGB, denied the request. The official stated that based on the supporting documentation provided, the applicant was not authorized to contract for the OAB. Selected Reserve Incentive Policy (SRIP) Guidance for Fiscal Years 2007, 2008, 2009, Policy Number 07-06, paragraph 12b(2), states "Agree to serve in a critical skill AOC for the full length of the incentive contract term." AOC 27A was not on the critical skill AOC list; therefore, she remains ineligible.
6. The applicant provides an email from Lieutenant Colonel K____ S. G____, dated 13 April 2009, wherein he stated it would be a miracle if her application packet was returned to the KSARNG in May; it was more realistic that it would be June or July. Once OTJAG approved the packet, she would be scheduled for a Federal recognition board and it would probably be June or July before she was Federally recognized. He also stated there was currently an OAB of $10.000.00 and "we are fairly certain the bonus will be available for the next few months."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time the applicant took the oaths of office on 29 July 2009, AOC 27A was no longer listed as a designated critical officer skill and an OAB was not offered for appointment in this AOC. The SRIP is a periodic program and the U.S. Army Reserve (USAR) and ARNG are authorized to make adjustments to eligible AOC's and publish any additions or restrictions. The program allows the USAR/ARNG to tailor their bonus policies to the needs of that component.
2. The evidence of record does not show and the applicant has not provided any evidence that shows the length of time it took to process her application for appointment was due to an error on the part of the unit, State, or NGB. In addition, the applicant was apparently well aware that the OAB for this AOC was not authorized after 12 June 2009. She stated that despite this, she took the oaths of office and was commissioned on 29 July 2009.
3. In view of the foregoing, she is not entitled to the requested relief.
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 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) AR20110012515
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ABCMR Record of Proceedings (cont) AR20110012515
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