BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110014345
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 a $10,000.00 Officer Affiliation Bonus (OAB).
2. The applicant states he was commissioned into a bonus eligible branch with an area of concentration (AOC) of 14B (Short Range Air Defense Artillery). At the time of his commissioning Air Defense Artillery was a critical specialty on the AOC list and bonus eligible. He never received a bonus control number (BCN) nor was he given an opportunity to execute a bonus contract for the eligible specialty. He cannot request a BCN through iMARC (Information Management and Reporting Center) at this time. The current Selected Reserve Incentive Program (SRIP) states that the BCN must be issued prior to executing the oath of office. He executed his oath of office on 13 March 2006 and he did not become aware of his eligibility until November 2010.
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 67-9 (Officer Evaluation Report)
* Army National Guard (ARNG) SRIP Guidance for 27 January through 31 May 2006
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a second lieutenant in the Ohio ARNG (OHARNG). He executed an oath of office on 13 March 2006.
2. He entered active duty for training (ADT) on 3 June 2006 and he subsequently completed the Basic Officer Leader Course at the U.S. Army Air Defense Artillery School, Fort Bliss, TX. He was honorably released from ADT on 17 November 2006 to the control of his ARNG unit.
3. He served in a variety of stateside and/or overseas assignments (while mobilized) and he was promoted to first lieutenant.
4. During the processing of this case, on 3 November 2011, an advisory opinion was obtained from the National Guard Bureau (NGB). The advisory official recommended disapproval of the bonus payment. He stated the applicant neither signed a written agreement for the OAB nor was he assigned a BCN. In a memorandum, dated 26 September 2011, the NGB verified there was no agreement signed by the applicant, which is a requirement for receipt of any bonus. Department of Defense Instruction (DODI) 1205.21, paragraph 6.1 states that as a condition of the receipt of an incentive covered by this Instruction, each recipient is required to sign a written agreement stating that the member has been advised of and understands the conditions under which entitlements to unpaid incentive amounts shall be terminated and which advance payments can be recouped.
5. On 3 November 2011, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
6. NGB Policy Number 06-05 (ARNG Fiscal Year 06 SRIP Policy Guidance for 27 January - 31 May 2006), dated 3 February 2006, authorized a $10,000.00 OAB for a 3-year affiliation to selected AOCs.
7. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment 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 enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
The applicant was appointed in the OHARNG and executed an oath of office on 13 March 2006. At the time of his appointment, the ARNG SRIP Guidance offered an OAB to selected AOCs contingent upon signing a written agreement. There is no evidence the applicant executed a written agreement or was assigned a BCN to authorize a bonus. There is no evidence he relied on a promise (written or otherwise) of a bonus as an inducement to accept appointment and service in the Army. Therefore, there is no basis for granting the applicant's 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 that 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) AR20110014345
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ABCMR Record of Proceedings (cont) AR20110014345
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