IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110018947 


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 an officer accession bonus (OAB) for his appointment as a commissioned officer in the West Virginia Army National Guard (WVARNG).

2.  The applicant states:

	a.  He enlisted in the WVARNG on 15 May 2002.  He attended Officer Candidate School (OCS) in February 2007.  He graduated from OCS and was commissioned as a second lieutenant (2LT) on 17 August 2008.  While attending OCS at Camp Dawson, WV, from December 2007 to August 2008, he completed the necessary paperwork to receive a $10,000.00 OAB.  The administrative personnel made it clear to him he would be eligible for the OAB upon successful completion of his Basic Officer Leadership Course (BOLC).

	b.  Prior to leaving for BOLC, he attempted to contact the WVARNG State incentives noncommissioned officer in charge (NCOIC) but she failed to respond to his calls and email.  He graduated BOLC on 28 June 2010, but when he returned to his home unit and contacted the NCOIC he was told the OAB paperwork was not processed correctly.  On 12 August 2010, he was told to submit a request for an exception to policy to the National Guard Bureau (NGB).  In October 2010, he received a response from the NGB that his request was denied.


	c.  While deployed overseas in December 2010, he filed a complaint with the WVARNG Inspector General's (IG) Office.  After several months, a request for an exception to policy was again submitted to the NGB.  In June 2011, he received an email stating the NGB had again denied his request and he was told he could file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still existed.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Seven memoranda
* Two DA Forms 2823 (Sworn Statement)
* NGB Form 337 (Oaths of Office)
* DA Form 1059 (Service School Academic Evaluation Report)
* An Officer Accession Bonus Addendum
* Two pages titled "Manual Control Number Request"

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the ARNG, the applicant was appointed as an Ordnance (OD) Corps Reserve 2LT and he executed an Oaths of Office on 17 August 2008.  He was promoted to the rank of first lieutenant (1LT) on 28 June 2010.

2.  He attended and successfully completed BOLC from 2 March to 28 June 2010 at Fort Lee, VA.

3.  On 24 August 2010, the WVARNG State incentive manager submitted a request for an exception to policy for a manual control number on a bonus addendum for the applicant that was not submitted through the proper channels when the officer was accessed.  The attached request showed the applicant was commissioned on 17 August 2008 and he signed the OAB addendum on 12 August 2010.

4.  On 24 August 2010, the Deputy Chief of Staff for Personnel, Joint Forces Headquarters, WVARNG, recommended approval of the exception to policy request for a manual control number and stated the failure to process the OAB was due to no fault of the Soldier.

5.  On 25 August 2010, the Officer Strength Manager, Recruiting and Retention Command, WVARNG, recommended approval of the exception to policy request 


and stated the applicant's OAB addendum was never properly processed and he did not receive the OAB.  The mistake was no fault of the Soldier.

6.  On 19 October 2010, the Chief, Education, Incentives, and Employment Division, NGB, denied the request.  The official stated in accordance with ARNG Selected Reserve Incentive Program (SRIP) guidance for Fiscal Year (FY) 2007, the applicant accepted a commission into the WVARNG on 17 August 2008 and signed the OAB addendum on 12 August 2010.  As the OAB addendum was signed after he accepted his commission he was ineligible of an OAB manual control number.

7.  In an undated memorandum, the Adjutant General, WVARNG, resubmitted the exception to policy request for the applicant to receive the OAB and recommended approval of the request.  He stated:

	a.  When the applicant graduated from OCS and was accessed into the WVARNG, it was the applicant's understanding that he was eligible for the $10,000.00 OAB after completing BOLC.  The incentives manager realized she had not received a signed OAB addendum so a bonus control number was never requested.  An exception to policy had been submitted on the applicant's behalf but was being resubmitted as it did not include sworn statements from the applicant or a copy of the OAB addendum. 

	b.  Attached to the memorandum was an OAB addendum signed by the applicant on 12 August 2010 and a sworn statement, dated 15 February 2011, wherein the applicant stated he signed a 1-year extension on 11 March 2007 and recalled completing the paperwork for the OAB about that time.

8.  On 15 June 2011, the Chief, Education, Incentives, and Employment Division, NGB, again denied the request.  The official stated the applicant was commissioned on 17 August 2008, the OAB addendum was signed by the applicant on 12 August 2010, and there was no signature of a witnessing officer which made the incentive retroactive.  The SRIP Policy Number 07-06 stated that the applicants must sign the OAB addenda on the date they accept their commission.  In addition, according to a legal opinion memorandum signed by the Judge Advocate General on 4 March 2005 "The Army may not pay a bonus retroactively absent a specific statutory grant of authority."  It was determined the OAB signed by the applicant on 12 August 2010 was invalid and the applicant was ineligible for the $10,000.00 AOB. 


9.  ARNG SRIP Policy Guide for FY07 stated, in pertinent part, retroactive entitlement to an incentive offered under this policy is not authorized.  To qualify for an OAB the officer must sign the OAB addendum on the date they accept their commission as a 2LT or appointment as a warrant officer.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was commissioned as a 2LT in the ARNG on 17 August 2008 and he did not sign an OAB addendum until 12 August 2010.  Although he may have inquired about an accession bonus in 2007, there is no evidence and he did not provide any evidence that shows he signed the required OAB addendum on the date he was commissioned for entitlement to an OAB.  Therefore, there is an insufficient evidentiary 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)                                         AR20110018947



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ABCMR Record of Proceedings (cont)                                         AR20110018947



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