IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110016516 


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 officer accession bonus (OAB).

2.  The applicant states:

* He previously served in an enlisted status and received a reenlistment bonus but he was commissioned as an Adjutant General (AG) officer in April 2008
* He executed a contract wherein he agreed to serve for 6 years in return for a $10,000 OAB
* He completed the Basic Officer Leader Course (BOLC), Phases II and III and as stipulated in his agreement and he met his obligation in September 2009
* Despite several attempts and multiple resubmission, he was denied payment of this bonus
* His commander ultimately submitted an exception to policy which was ultimately approved by the Deputy Chief of Staff, G-1, U.S. Army Reserve Command (USARC)
* He still cannot receive the bonus because he previously received a reenlistment bonus

3.  The applicant provides:

* Exception to Policy memorandum, dated 9 January 2011
* DA Form 4856 (Developmental Counseling Form)
* Multiple memoranda related to the Selected Reserve Incentive program (SRIP) Policy Guidance
* Multiple listing of USAR specialty SRIP list
* Written Agreement – OAB Acknowledgement
* DA Form 1059 (Service School Academic Evaluation Report)
* USAR appointment memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 September 1999 and he held military occupational specialty (MOS) 75B (Personnel Administration Specialist).  He was honorably released from active duty on 15 September 2002 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.

2.  On 22 February 2007, he executed a 6-year reenlistment in the USAR.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he was issued a Bonus Control Number GOXXXXXXXX6.  He also completed several allied documents in connection with this reenlistment, including a USAR Reenlistment Bonus Agreement, wherein he indicated that:

* he is reenlisting in MOS 42A which has been approved as a bonus MOS and correlates to the unit position vacancy for which he was reenlisting
* he acknowledged that he would serve the entire period in a USAR Selected Reserve unit satisfactorily
* his bonus amount is $15,000 and would be paid in accordance with the USAR Selected Reserve Incentive Program (SRIP) List
* his bonus would be terminated without recoupment if he accepted appointment as a commissioned officer after he had served more than one year in a Selected Reserve under this agreement

3.  On 8 July 2007, as part of his application for direct commissioning as a Reserve officer of the Army, the applicant was counseled by a senior accessions noncommissioned officer (NCO) with regard to his appointment as a Reserve commissioned officer and authorized OAB.  The DA Form 4856 shows he understood he would be entitled to an OAB in the AOC (Area of Concentration) 42B (AG).  He and the senior NCO authenticated this form by placing their signatures in the appropriate blocks.

4.  Also on 8 July 2008, he executed an OAB written agreement wherein he acknowledged that:

* He agreed to complete the necessary training within 36 months of appointment
* He agreed to serve in the Selected Reserve for 6 years
* He would be paid a $10,000 bonus paid in one lump sum upon completion of OBC

5.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant and he executed an oath of office on 8 April 2008.  He was assigned to the 11th Battalion, 95th Regiment, Independence, MO.

6.  He entered active duty on 6 July 2009.  He successfully attended and completed the AG BOLC Phase III from 31 August to 30 October 2009.  He was honorably released from active duty on 30 October 2009.

7.  On 9 January 2011, his battalion commander submitted an exception to policy request through the chain of command to the USARC recommending approval of payment of the OAB.  The battalion commander gave a background of the bonus issue, described the actions taken by his unit, discussed courses of action, and recommended approval of the exception to policy to pay the applicant his OAB.

8.  On 22 September 2011, an official at the Office of the Deputy Chief of Staff, G-1, USARC, Fort Bragg, NC, approved the request for exception to policy.  The official stated that the applicant reenlisted in the USAR as an enlisted Soldier on 22 February 2007 for 6 years and he received a $15,000 reenlistment bonus.  He then signed an OAB written agreement on 8 April 2008.  In accordance with the Army Reserve Implementation Guidance, dated 2 February 2006, Soldiers who are currently receiving an enlistment bonus, reenlistment bonus, prior service bonus, or affiliation bonus must serve at least one year of the term of the bonus.  Therefore, the OAB is authorized.  The applicant was instructed to submit this memorandum together with other documentary evidence to the USAR pay center for processing.

9.  On 12 October 2011, the applicant indicated that he was very pleased with the USARC G-1 decision to approve his bonus.

10.  Subsequent to receiving the approved exception to policy, between October 2011 and January 2012, the applicant received multiple emails from the Fort McCoy, WI, USARC pay center denying him payment of the OAB and deferring the action back to the USARC G-1.

11.  On 25 January 2012, an official at the Office of the Deputy Chief of Staff,    G-1, USARC, Fort Bragg, NC, revised the previous approval of the request for exception to policy by disapproving it.  The official stated that the applicant was erroneously offered the OAB.  Army Reserve policy prohibits receipt of bonus incentives for the same period of service.  Therefore, the OAB is not authorized.  In addition, the difference between the reenlistment bonus and the OAB would have resulted in a debt against the applicant if his OAB is paid and his reenlistment bonus is recouped. 

12.  On 30 January 2011, the applicant submitted a rebuttal to the revised decision.  He stated:

* He was unfairly denied what is rightfully his
* He has honored his commitment and expects the Army to do the same
* He should not be penalized for the mistakes of others
* He would continue to serve and represent the Army in a professional manner

13.  References:

	a.  Memorandum, dated 2 February 2007, issued by Office of the Deputy Chief of Staff, G-1, Subject; Fiscal Year 2007, 1st half SRIP Policy authorized a $10,000 OAB for a 6-year commitment in AOC 42B.

	b.  Memorandum, dated 16 March 2007, issued by Office of the Deputy Chief of Staff, G-1, Subject; Reserve Component Policy Change to Recoupment of Enlisted Incentives paid to participants of Officer-Producing Programs states recoupment of disbursed bonus monies for Soldiers entering into a Reserve Officer Training Corps or Simultaneous Membership Program (ROTC/SMP) status is required by Army policy.  However, recoupment is not required when a member becomes an SMP member of an authorized officer commissioning program or accepts an immediate appointment as an officer in the Reserve and in either case has served more than one year of the incentive contract term following receipt of the initial incentive payment.  Soldiers whose incentives are terminated and recouped, if otherwise qualified, may be offered an OAB in accordance with current SRIP policy.  Soldiers who received an enlisted accession or retention bonus and the incentive was terminated without recoupment are not eligible to receive the OAB.

	c.  Memorandum, dated 24 April 2007, issued by Headquarters, USARC, Fort McPherson, GA, Subject; Fiscal Year 2007, 2nd Half SRIP Policy Guidance for 1 May to 30 September 2007, authorized a $10,000 OAB for a 6-year commitment.  Bonus is restricted by critical AOC and is authorized as a lump sum payment after assignment and award of AOC.  The 6-year obligation term of service is based on date of appointment or date of agreement, whichever is later.

	d.  Memorandum, dated 8 October 2008, issued by Headquarters, USARC, Fort McPherson, GA, Subject; Implementation Guidance for the Change in Policy Governing Bonus Recoupment states Selected Reserve Soldiers who executed a contract with an effective date of 21 May 2008 or later, who enter SMP membership or authorized commissioning program without affiliation or accession bonus in any military department will have their bonus terminated without recoupment.  The previous 12-month membership rule is eliminated for these Soldiers.   Soldiers who are commissioned and have received officer affiliation or accession bonus will have their bonus terminated and are subject to recoupment.  Selected reserve Soldiers who entered prior to the effective date of their contract will have their bonus terminated and are subject to recoupment.  

	e.  Title 10, USC, section 308j (Affiliation bonus for officers in the Selected Reserve) 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 accept an appointment as an officer in the armed forces; and to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.  Sub-paragraph f states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of Title 10, USC, or under section 302g of this title, for the same period of service.

	f.  DODI 1205-21 states in relation to the written agreement of the officer accession bonus, requires the officer to acknowledge that he/she is not receiving financial assistance under chapter 1608, 1609, or 1611 of Title 10, USC, or special pay under section 302g of Title 37, USC, and will not receive such assistance during the period of the written agreement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a reenlistment in the USAR on 22 February 2007 for a 6-year, $15,000 reenlistment bonus in MOS 42A and he received the bonus.  He subsequently submitted an application for direct commissioning as a Reserve office of the Army.

2.  He was counseled by a senior accession NCO regarding his entitlement to a $10,000 OAB and agreed to accept a direct commission in AOC 42B in exchange of a 6-year commitment in the Selected Reserve.  Accordingly, he executed an OAB written agreement.  He fulfilled or continues to fulfill the requirements of such agreement in that he completed the required military education and continues to serve in the Selected Reserve.

3.  On the surface, it appears that the applicant suffered an injustice.  However, Soldiers who received an enlisted accession or retention bonus and their incentive was terminated without recoupment, are not eligible to receive the OAB.  Although he has complied with the terms of his written agreement, he appears to have been offered the OAB incentive in error.  As such, regretfully, he is not entitled to the requested relief.

4.  In view of the foregoing evidence, regretfully, he 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 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)                                         AR20110016516





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ABCMR Record of Proceedings (cont)                                         AR20110016516



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