IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110013486 


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 his Officer Accession Bonus (OAB) of $10,000.

2.  The applicant states he was commissioned into the Army National Guard (ARNG) on 22 May 2009 with a $10.000 bonus.  The bonus paperwork was signed on 28 May 2009 and at the completion of Basic Officer Leader Course (BOLC), 50 percent of the OAB was expected.  The bonus was denied because the paperwork was signed after the commissioning date.  He was never informed that in order to receive his OAB he needed to sign the paperwork prior to being commissioned.  He had no way of signing the paperwork as a result of his school being located in a different state and having no transportation.  

3.  The applicant provides a memorandum from the Massachusetts Army National Guard (MAARNG), memorandum from the National Guard Bureau (NGB), Written Agreement - OAB Addendum, NGB Form 337 (Oaths of Office), Federal recognition orders, appointment orders and memorandum, and an email message.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a commissioned officer in the rank of second lieutenant on 22 May 2009.  He completed the engineer BOLC on 5 November 2010 and was promoted to first lieutenant effective 22 November 2010.  He is currently serving in the MAARNG.

2.  His Written Agreement - OAB Addendum shows that he was being accessed into the ARNG in a critical skill area of concentration/military occupational specialty and was to receive a bonus of $10,000 paid in two 50 percent installments.  The first 50 percent installment to be paid upon successful completion of BOLC and the second and final installment of 50 percent to be processed for payment on the third anniversary of commission or appointment.  The Written Agreement - OAB Addendum was signed by the applicant and by a service representative on 28 May 2009.

3.  In a memorandum dated 15 March 2011, the MAARNG requested to the NGB an exception to policy regarding payment of the applicant's OAB.

4.  In a memorandum dated 4 April 2011, the NGB Chief, Education, Incentives, and Employment Division, responded to the request and stated that payment of the $10,000 OAB incentive pertaining to the applicant was denied because he did not sign the OAB Addendum until 28 May 2009, making the incentive retroactive.  Applicants must sign their bonus addenda on the date they accept their commission.  Therefore, the OAB Addendum signed by the applicant was invalid making him ineligible for the $10,000 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 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.

7.  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 OAB's, 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 (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, or Senior Health Care Professionals in Critically Short Wartime Specialties.

8.  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 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-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 was accessed into the ARNG in a critical skill area of concentration/military occupational specialty and was to receive a bonus of $10,000.  It is beyond dispute that he is fully eligible to receive the $10,000 OAB; however, he is being denied this entitlement because he did not sign the Written Agreement - OAB Addendum on the date of his commission. 

2.  For reasons that are not adequately explained by the MAARNG personnel, it appears the applicant was not provided the opportunity to sign the Written Agreement - OAB Addendum until 28 May 2009, approximately one week after he was commissioned.  He should not be penalized for this minor administrative oversight.  

3.  Based on the above, his records should be corrected to show that he signed the Written Agreement - OAB Addendum on 22 May 2009, the date of his appointment, and is fully eligible to receive the $10,000 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 all Department of the Army and Army National Guard records of the individual concerned be corrected to show that:

	a.  he signed the Written Agreement - OAB Addendum on 22 May 2009;

	b.  he is fully eligible to receive the OAB in the amount of $10,000; and that
 

	c.  he be paid the bonus as specified in his Written Agreement - OAB Addendum out of National Guard funds.


      _______ _   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)                                         AR20110013486



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ABCMR Record of Proceedings (cont)                                         AR20110013486



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