IN THE CASE OF:	  

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110014343 


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, that he be issued a manual bonus control number (BCN) for his officer accession bonus (OAB) contract and to be paid his bonus in accordance with his contract.

2.  The applicant states, in effect, that he was briefed by his California Army National Guard (CAARNG) recruiter and told that he was eligible for the OAB; however, his OAB contract was not completed and entered into the Information Management and Reporting Center (IMARC) system through no fault of his own.  The contract required that a manual control number be issued.  However, effective 1 October 2010, the National Guard Bureau (NGB) stopped authorizing exceptions to policy and required Soldiers to apply to the Army Board for Correction of Military Records.
 
3.  The applicant provides a two-page memorandum explaining his application, copies of his Written Agreement – Officer/Warrant OAB Addendum, appointment and Federal Recognition orders, and his diploma from Officer Candidate School (OCS). 

CONSIDERATION OF EVIDENCE:

1.  After serving over 5 years in the Marine Corps he enlisted in the CAARNG, on 27 September 2010, in pay grade E-5, for a period of 8 years.

2.  On 5 May 2011, upon graduation from OCS, he was appointed as a second lieutenant (2LT) in the CAARNG.  On 25 May 2011, he signed his OAB agreement; however, the agreement was not witnessed and does not contain a BCN.

3.  On 15 December 2011, he completed the Infantry Officer Basic Course at Fort Benning, Georgia.

4.  In the processing of this case a staff advisory opinion was obtained from the NGB which indicates that while the applicant’s OAB agreement was not witnessed and did not contain a BCN the applicant entered into the agreement in good faith and should be awarded the payment according to the contract.  The advisory opinion was provided to the applicant for comment and to date no response has been received.

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 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.

6.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with BCN's which will be issued by 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 BCN's, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be issued a manual BCN and that the Army honor the written agreement authorizing him to receive a $10,000.00 OAB in conjunction with his appointment as a 2LT in the CAARNG was carefully considered and appears to have merit.
2.  The evidence of record confirms the applicant was eligible when he entered into a Written Agreement – OAB Addendum in good faith that authorized him to receive a $10,000.00 accession bonus in conjunction with his entry in the CAARNG.

3.  Through no fault of the applicant, CAARNG official responsible for completing the agreement and requesting a BCN failed to do so, which resulted in the applicant not being assigned a BCN and being denied his OAB.

4.  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.

5.  In view of the facts of this case and based on the recommendation of NGB and the applicant's command, it would be appropriate and serve the interest of justice and equity to correct the applicant's record by showing he entered into a valid OAB agreement and was issued a manual BCN and by showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – Officer/Warrant OAB Addendum, dated 25 May 2011.

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 and Army National Guard (ARNG) records of the individual concerned be corrected by:

	a.  showing he was issued a valid OAB Agreement and manual BCN;

	b.  showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum, dated 25 May 2011; and

	c.  paying him the $10,000 bonus out of ARNG funds, 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)                                         AR20110014343



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ABCMR Record of Proceedings (cont)                                         AR20110014343



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