BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110016757 


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 a manual bonus control number (BCN) be issued for the Officer Accession Bonus (OAB) contract he signed on 31 May 2008.

2.  The applicant states his paperwork was mishandled by his command resulting in nonpayment of his bonus.

3.  The applicant provides:

* Exception to policy denial memorandum
* National Guard Bureau (NGB) Form 0122E 
* Officer accession agreement [9-10 August 2007], dated 31 May 2008
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant previously served in an enlisted status in the U.S. Navy from 21 July 1992 to 20 October 1997 and the New Jersey Army National Guard (NJARNG) from 22 April 2004 to 20 October 2008.

2.  On 31 May 2008, he completed a Written Agreement, OAB Addendum, in connection with his appointment as an officer and agreed to serve with the ARNG under the Selected Reserve Incentive Program.  This addendum shows:

	a.  he agreed to serve in the Selected Reserve in a critical officer skill designated for bonus entitlement by the Chief, Army National Guard for 6 years;
	b.  he was not accepting the appointment to qualify for a military technician position;

	c.  he did or would acquire the skills needed to achieve his designated skill set within 36 months of appointment; and

	d.  he was being accessed into an NGB critical Unit Identification Code and would receive a bonus of $10,000 to be paid in one lump sum upon successful completion of the Officer Basic Course (OBC).

3.  His written agreement was authenticated by him and a witnessing officer.  However, this form is not signed by a service representative and does not contain a BCN.

4.  He was appointed as a second lieutenant in the NJARNG and executed an oath of office on 21 October 2008.  He was assigned to Company C, 50th Brigade Special Troops Battalion, Westfield, NJ.

5.  He attended the Signal Basic Officer Leader Course at Fort Gordon, GA, from 31 March 2010 to 22 July 2010.  

6.  On 7 July 2010, the NGB published implementation guidance for incentive contracts not in the Information Management and Reporting Center (IMARC) system.  This policy established 30 September 2010 as the deadline to submit manual BCNs in instances where the unit or state failed to issue a BCN.  

7.  On 14 December 2010, the applicant was awarded Area of Concentration 25A (Signal) with an effective date of 22 July 2010.

8.  At an unknown time the applicant's state incentive manager sent an exception to policy request to the NGB asking that an OAB manual BCN be entered into the IMARC system so that the applicant could receive his bonus.   The NGB received this request on 31 January 2011.

9.  On 24 February 2011, the NGB disapproved the request for an exception to policy for a manual BCN.  The NGB stated the request for a manual BCN for an OAB was received after the suspense date, making the applicant ineligible for the OAB.  

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 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides 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:

1.  The applicant was appointed in the NJARNG with the stipulation he would receive a $10,000.00 accession bonus.  He signed an OAB addendum in good faith that promised him a bonus in exchange for his service commitment.  He was assigned where his State assigned him.  However, he was never issued a BCN.

2.  The NGB published guidance regarding the issuance of manual BCNs and established a deadline to submit the requests for a manual BCN.  It appears his request was not timely entered.

3.  It is evident that several errors were committed by the NJARNG in the processing of his appointment.  The absence of a BCN was not his fault.  He should not be penalized for errors committed by NJARNG recruiting officials.

4.  The applicant met all of the requirements he agreed to in his appointment.  He was promised a $10,000.00 bonus and he should be entitled to receive payment of the $10,000.00 bonus.




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

* showing he was issued a valid Bonus Control Number at the time of his appointment
* showing he is entitled to payment of the bonus in accordance with the terms of his addendum
* paying him, out of Army National Guard funds, the bonus as specified in his extension addendum



      _______ _  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)                                         AR20110016757



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ABCMR Record of Proceedings (cont)                                         AR20110016757



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