IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110013864 


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, in effect, to be:

   a.  issued a Bonus Control Number (BCN) for his Officer Accession Bonus (OAB); and
   
   b.  paid the $10,000 OAB as outlined in his Written Agreement - OAB Addendum.

2.  He states he attended Officer Candidate School and was commissioned as an officer on 4 October 2009.  He is fully qualified for the OAB in the amount of $10,000 and has met all requirements in good faith.  Due to an administrative error beyond his control, he was not paid the bonus.  

3.  He has exhausted all administrative possibilities and requests an exception to policy be granted in accordance with the terms of his Written Agreement - OAB Addendum, dated 4 October 2009. 

4.  He provides:

* A copy of his Written Agreement - OAB Addendum
* His initial appointment orders
* A DA Form 1059 (Service School Academic Evaluation Report) 
* A request for exception to policy 
* His Oath of Office
* Federal Recognition orders
* Selected Reserve Incentive Program (SRIP) policy guidance

CONSIDERATION OF EVIDENCE:

1.  His record shows he initially enlisted in the Washington Army National Guard (WAARNG) on 10 February 1994.  

2.  On 3 October 2009, he was honorably discharged in the grade of sergeant first class/E-7.  

3.  He provided a copy of his Written Agreement - OAB Addendum which shows he completed and signed this form on 3 October 2009.  He was not assigned a BCN.

4.  On 4 October 2009, he took his Oath of Office in the rank of second lieutenant/O-1 in the WAARNG, and was appointed as a Reserve Commissioned Officer of the Army on the same day.  

5.  He successfully completed the Chemical (CM) Basic Officer Leadership Course (BOLC) on 8 November 2010.

6.  On 4 April 2011, he was promoted to the rank of first lieutenant/O-2.  

7.  On 7 March 2011, the G1, Army Element, Joint Force Headquarters, sent a memorandum to the Education Support Center, Little Rock, AR, requesting an exception to policy on behalf of the applicant. 

8.  The G1 requested that the applicant be allowed to retain the $10,000 OAB.  He stated, in effect, due to no fault of the applicant's an administrative oversight occurred in which the recruiter failed to coordinate with the Incentives Manager to obtain a BCN.  

9.  On 19 April 2011, the Chief of the Education, Incentives and Employment Division of the National Guard Bureau (NGB) sent a memorandum to the State Incentive Manager of the WAARNG informing that office that the request for exception to policy could not be approved.  The basis for the decision was that the request for a Manual Control Number was submitted after the 30 September 2010 suspense date.  The applicant was therefore ineligible for the incentive and a BCN. 

10.  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.

11.  National Guard Regulation 600-7, chapter 2, paragraph 2-5, provides officer bonus contracts are valid only with BCNs 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 BCNs accuracy of the contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

12.  Paragraph 14o of NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, provides that in order to be eligible for receipt of the OAB, 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 AGR position.

     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.

13.  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 six years in a Modified 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 the officer basic course 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 paid an OAB in the amount of $10,000.00 per his Written Agreement - OAB Addendum was carefully considered and determined to have merit.

2.  He was honorably discharged from the WAARNG on 3 October 2009 and completed an OAB addendum the same day; however, he was not assigned a BCN at that time.  He took his Oath of Office in the WAARNG on 4 October 2009 and completed the CM BOLC on 8 November 2010.  

3.  After nonreceipt of the OAB, he submitted a request for exception to policy, and the NGB denied the request because the application for a Manual Control Number was received after the 30 September 2010 deadline.

4.  The evidence of record shows he entered the agreement in good faith, fulfilled the requirements of the written agreement, and upheld his service agreement.  Therefore, notwithstanding the NGB's denial of his request for exception to policy, as a matter of equity relief should be granted in this case by:

	a.  showing he was issued a BCN on the date of his appointment/commissioning; and 

	b.  remitting payment of the OAB out of ARNG funds in the amount of $10,000.   



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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  showing he was issued a BCN on the date of his appointment/commissioning; and 
   
	b.  remitting payment of the OAB out of ARNG funds in the amount of $10,000.   




      _______ _   __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)                                         AR20110013864





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ABCMR Record of Proceedings (cont)                                         AR20110013864



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