IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110018765
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 accession bonus (OAB).
2. The applicant states that after completing the requirements, she was informed the OAB was not authorized for her area of concentration (AOC) of 42B (Adjutant General (AG)). She would have considered a different branch had the bonus not been promised. Her exception to policy was disapproved.
3. The applicant provides:
* An exception to policy request and disapproval memorandum
* Her DA Form 61 (Application for Appointment)
* A DA Form 4856 (Developmental Counseling Form)
* A Written Agreement - OAB Acknowledgement
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 May 1999 and she held military occupational specialty (MOS) 89B (Ammunition Specialist). She was honorably discharged on 29 December 2005.
2. She appears to have enlisted in the U.S. Army Reserve (USAR) on or about 6 November 2008.
3. On 14 October 2009, she submitted a DA Form 61 requesting an appointment as a Reserve commissioned officer.
4. On the same date, she was counseled by an officer accession Noncommissioned Officer (NCO) regarding her direct appointment accession bonus. She elected to receive the OAB in AOC 42B (Personnel Systems Management).
5. She completed an Accession Bonus Addendum that promised her payment of a $10,000.00 bonus to be paid in one lump sum upon successful completion of the Officer Basic Course (OBC).
6. She entered active duty, in an enlisted capacity, on 3 December 2009 and she subsequently served in MOS 42A (Human Resources Specialist) in Afghanistan from 20 January 2010 to 13 August 2010. She was honorably released from active duty on 20 August 2010.
7. She was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed a DA Form 71 (Oath of Office Military Personnel) on 24 August 2010.
8. She entered active duty on 7 November 2010 and she attended and successfully completed the AG Basic Officer Leader Course (BOLC) from
8 November 2010 to 16 February 2011.
9. On 10 August 2011, her commander submitted a request for an exception to policy to pay her the OAB per her addendum agreement.
10. On 7 September 2011, the U.S. Army Reserve Command, Fort Bragg, NC, disapproved the request for an exception to policy. The official stated that the applicant was not eligible to receive the OAB because AOC 42B was not authorized an OAB by the Selected Reserve Incentive Program List (SRIP) in effect at the time. Therefore, payment of the OAB is not authorized.
11. Title 37, U.S. Code, section 308j (Special Pay 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:
a. to 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 for a period specified in the agreement.
(1) The Secretary concerned shall designate for an armed force under the Secretarys jurisdiction the officer skills to which the authority under this subsection is to be applied.
(2) A skill may be designated for an armed force under subparagraph (1) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was counseled in connection with her appointment in the USAR and executed an OAB addendum on 14 October 2009 with a stipulation she would receive a $10,000.00 OAB upon completion of the BOLC.
2. However, her AOC of 42B was not authorized an OAB at the time. Although she has complied with the terms of her agreement, she appears to have been offered the OAB incentive in error. As such, she is not entitled to the requested relief.
3. In view of the foregoing, there is no basis for granting the applicant's requeted 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) AR20110018765
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