BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20110020126 


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 he attended the warrant officer (WO) candidate school (WOCS) and upon graduating he was told he would receive paperwork for an OAB of $10,000.00 after completion of flight school.  Upon completion of flight school he was told it was too late to receive the bonus.  A request for an exception to policy was made through his chain of command at the State level and was denied.  He is applying for the OAB that was promised to him, but was never received.

3.  The applicant provides:

* Reserve WO appointment memorandum
* Written Agreement – OAB Addendum
* six requests for an exception to policy (ETP) for payment of an OAB
* OAB for Aviation WO's memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he completed the WOCS on 4 February 2009 and he was appointed in the Kansas Army National Guard (KSARNG), as a WO1, on the same day, with prior enlisted service.  He completed training and was awarded military occupational specialty (MOS) 153D (MH-60 Pilot).

2.  On 23  September 2010, the Chief; Education, Incentives, and Employment Division, National, Incentives, and Employment Division, National Guard Bureau (NGB), denied an ETP for the OAB for the applicant and eight other WOs awarded MOS 153D.  The NGB official stated:

	a.  The KSARNG's request for an EPT to allow the WOs to receive the $10,000.00 OAB could not be approved.  In accordance with (IAW) the Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007 - 31 March 2008 (Policy Number 07-06), dated 10 August 2007 and EIOM (Education Incentives Operational Message) 09-017 Continuation of Bonus Authorities to 28 February 2009, a $10,000.00 OAB for critical MOS 153D was offered at the time of the listed officers' oath of office.  Upon review of all substantiating documentation, an incentive agreement was not executed nor was there a request for a control number in the Information Management and Reporting Center (iMARC) prior to or at the time of their commissioning.  IAW with the referenced policy, paragraph 8, retroactive entitlement to an incentive was not authorized.  Therefore, they did not meet all eligibility criteria and remained ineligible to receive an incentive or a bonus control number.

	b.  The Military Personnel Officer should ensure that all elements responsible for incentive processing were properly trained.  That would preclude that issue from negatively affecting Soldiers in the future.  

	c.  The WOs could file a claim with the Army Board for Correction for Military Records (ABCMR) IAW with Army Regulation 15-185 (Boards, Commissions, and Committees, (ABCMR), if they believed that an error or injustice still existed.

3.  On 25 January 2011, 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 $10,000.00 bonus in one lump sum upon completion of the WO Basic Course (WOBC)

4.  On 14 January 2011, he requested an ETP for payment of the OAB.  

5.  In a memorandum, dated 4 February 2011, the Incentive Manager, KSARNG, stated:

	a.  The WOs listed on the 23 September 2010 memorandum attended the WOCS at Fort Rucker, AL and then continued on to Aviation School on a continuous order.  Instructions given to the candidates were that the NGB Liaison would do the OAB control number request through iMARC.  Once they completed WOCS and accepted their commission, they would be provided the OAB addendum for signature at Fort Rucker.  When they reached that point, Fort Rucker personnel advised them that they would sign the addendum when they returned to their State of Assignment.  

	b.  Once they returned to the State of Kansas they were identified as potential issues and their names were not on the initial list of OABs that NGB sent out for manual upload into iMARC.  Since they were not identified by the Officer Recruiter at the time the original list came out from NGB, the Education Office was not aware of the issues with the bonus for these individuals.  

	c.  To ensure that future candidates do not have the same issue, the Officer Recruiting section has been instructed to request a control number prior to the WOCS shipping to school.  The Incentive Manager will be provided an email address and/or phone number to stay in contact with the respective candidate to ensure that the OAB Addendum is signed on the date of commissioning and that iMARC is properly updated.  

6.  In memoranda, dated 9 February 2011, the G1 and the KSARNG TAG endorsed their full support for the ETP to grant the applicant the OAB.  It was stated that the applicant was incorrectly advised on the administrative procedure to be granted the OAB and should not be penalized.

7.  On 4 March 2011, the Chief, Education, Incentives, and Employment Division, returned the KSARNG's request for an ETP to allow the applicant a manual control number for the OAB incentive without action.  The NGB official stated that the applicant did have the option to file a claim with the ABCMR per the ETP response memorandum dated 23 September 2010 that was forwarded to the KSARNG.  

8.  On 11 April 2011, the NGB denied his request for an ETP for the OAB.

9.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, dated 9 October 2012.  NGB reiterated the applicant's request and stated:

	a.  The applicant suggested that his OAB was not entered into iMARC system through no fault of his own thereby requiring an ETP for issuance of a manual bonus control number.  The applicant further stated he was instructed that the NGB liaison would process the OAB through iMARC once he completed the WOCS and accepted a commission.  Upon returning to Kansas, his name was identified as a potential issue for not being on the initial list of OAB's the NGB sent for manual upload into the iMARC.  Since he was not identified by the officer recruiter at the time the original list came out from the NGB, the education officer was unaware of the issue and therefore he never received a bonus.

	b.  On 23 September 2010, NGB denied an ETP on that matter.  The applicant's request was favorably endorsed by the Kansas ARNG G-1 Incentive Manager.  On 9 February 2011, The Adjutant General (TAG), KSARNG, stated, "the Soldier was incorrectly advised on the administrative procedure to be granted the OAB and should not be penalized."  TAG made the same ETP for several WO's who were affected by the same situation.

	c.  In the ABCMR Docket Number AR201100112043 a favorable ruling for the Soldier set precedents for this filing as it addressed a complaint filed by one the of the KS Guardsmen that TAG addressed when he requested several of his Soldiers be provided with the manual bonus control number in order to receive the OAB.  The situation in Docket Number AR201100223043 was identical to this case and that precedence provides the merits for this case.

	d.  Paragraph 14p of the Departments of the Army and the Air Force, NGB, Arlington, VA, Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states the ARNG offers a $10,000.00 OAB to newly-commissioned officers and newly-appointed WO's who agree to serve 6 years in a Modified Table of Organization and Equipment (MTOE) unit in a valid area of concentration.  The MTOE OAB will be paid in two 50-percent installments.  The first 50-percent installment ($5,000.00) will be paid upon successful completion of an OBC or WO course as applicable, and the second installment of 50 percent will be processed for payment on the third anniversary of the commission or appointment.

	e.  The applicant's request to receive the OAB appears to have merit and is supported by the Kansas ARNG TAG.  Additionally, there is ABCMR precedence for this decision based on a related case.  Since the applicant completed the WOCS as well as celebrated his third anniversary of appointment, NGB recommends that the Soldier be paid the full benefits at one time.  The Kansas ARNG concurs with this advisory opinion.

10.  The opinion was forwarded to the applicant for acknowledgment and/or rebuttal on 10 October 2012.  He did not respond.

11.  In the referenced ABCMR Docket Number AR20110012043 the Board concluded the KSARNG TAG affirmed the applicant's contention and acknowledged this error occurred due to no fault of the applicant.  Therefore, as a matter of equity in that case the Board recommended the records of that applicant, one of the WOs listed on the 23 September 2010 memorandum, be corrected by show a manual bonus control number was placed on his OAB Addendum with an issue date of his appointment/commissioning and paying him the $10,000.00 bonus, out of ARNG funds.

12.  Title 37, U.S. Code, 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.  Subparagraph f states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under Title 10, U.S. Code, chapter 1608, 1609, or 1611, or under section 302g of this title for the same period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed WOCS and was appointed in the Kansas ARNG effective 4 February 2009.  He states he was promised the OAB upon completion of the WOCS, but never received it.  On 23 September 2010, NGB denied the applicant and eight other WOs' request for an ETP to receive the OAB.  

2.  In a memorandum, dated 4 February 2011, the KSARNG Incentive Manager stated that the applicant and the eight other WOs were advised that once they completed WOCS and accepted their commission, they would be provided the OAB Addendum for signature.  When they reached that point they were advised by personnel officials that they would sign the addendum when they reached their State of Assignment.  

3.  The G1, KSARNG TAG, and Incentive Manager confirmed the applicant was incorrectly advised of the requirement to sign an OAB Addendum on commission date in accordance with NGB policy and should not be penalized.

4.  The NGB official's reference to another ABCMR case wherein relief was granted to one of the WO listed on the 23 September 2010 memorandum is acknowledged.  NGB recommended that since that applicant completed WOCS as well as his third anniversary of appointment, he should be paid the full bonus at one time.  

5.  It is evident that errors were committed in the processing of the applicant's commissioning and entitlement to a bonus which were acknowledged by the Kansas ARNG.  He was fully qualified for the OAB when appointed and then was improperly administered the OAB agreement through no fault of his own.  He should not be penalized by administrative errors committed.  As matter of equity in this case, he is therefore entitled to payment of the entire bonus in the amount of $10,000.00.

BOARD VOTE:

__x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State of Kansas ARNG records and Department of the Army records of the individual concerned be corrected by:

* showing he qualified for a $10,000.00 Selected Reserve Officer Accession Bonus at the time of his 4 February 2009 appointment in the Kansas ARNG and the OAB Written Agreement was completed properly and in a timely manner
* showing he is entitled to payment of the entire amount of $10,000.00 bonus for which he signed
* paying him the entire bonus in the amount of $10,000.00 out of ARNG funds as specified in his OAB Written Agreement



      ____________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)                                         AR20110020126



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ABCMR Record of Proceedings (cont)                                         AR20110020126



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