IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110020346 


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) in the amount of $10,000.

2.  He states his OAB was denied due to the sequence in which documents were signed and submitted.  The warrant officer accession recruiter who assisted him with his application followed the prescribed process set forth at the time his application was submitted.  His command was not informed that the date of the OAB could not be earlier than that of the DA Form 61.

3.  He provides:

* DA Form 4856 (Developmental Counseling Form)
* Written Agreement OAB Acknowledgment
* DA Form 61 (Application for Appointment)
* DA Form 71 (Oath of Office-Military Personnel)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Warrant Officer Appointment Memorandum
* DA Form 1059 (Service School Academic Evaluation Report)
* Request for Exception to Policy for OAB
* Denial of Request for Exception to Policy for OAB
* email from warrant officer recruiter


CONSIDERATION OF EVIDENCE:

1.  His military records show after previous military service he reenlisted in the U.S. Army Reserve (USAR) on 14 July 2008 for a period of 6 years.

2.  On 8 March 2009, in anticipation of being appointed as a USAR warrant officer, he was counseled about the warrant officer accession bonus and signed a DA Form 4856 electing to receive a $10,000 OAB in area of concentration (AOC) of 350F.

3.  On 8 March 2009, he signed an OAB Acknowledgment which was signed by a witnessing officer on the same date.  This document reflected in connection with his appointment as an officer an agreement to serve in a critical officer skill that was designated for bonus entitlement by the Secretary of the Army.  He further acknowledged that he was entitled to a bonus as a member of the USAR Selected Reserve (SELRES) and agreed to serve in the SELRES for 6 years at which time he would receive a bonus of $10,000 paid in one lump sum upon successful completion of the Warrant Officer Basic Course (WOBC).  He acknowledged he must accept a commission or appointment as an officer, satisfactorily complete the service obligation incurred under the agreement, and complete WOBC within 36 months of the date of appointment to receive the entire bonus amount.  This document was authenticated with his signature and a witness signature on 8 March 2009.

4.  On 14 April 2009, he dated and signed his application for appointment as a USAR warrant officer.

5.  On 6 October 2009, he was appointed a USAR warrant officer in the grade of warrant officer one. 

6.  He graduated from the Military Intelligence WOBC, AOC 350F, on 5 November 2010.  He is currently serving as a member of the USAR SELRES.  

7.  Documents related to denial of payment of an OAB are not in the available records.  However, Headquarters, Military Intelligence Readiness Command submitted a request for an exception to policy to the U.S. Army Reserve Command (USARC) at Fort Bragg, NC.  This request indicated the applicant had successfully completed all requirements stated in the OAB agreement. 

8.  A USARC memorandum, subject: Exception to Policy for [Applicant], dated 15 September 2011, states the request for an exception to policy was disapproved.  The reason given was that the applicant had not expressed his intent to become a warrant officer at the time he signed the OAB Acknowledgment on 8 March 2009 because his application for warrant officer was dated 14 April 2009.  He was appointed as a warrant officer on 6 October 2009.  Therefore, payment of the OAB was not authorized. 

9.  An email from the warrant officer recruiter at the time stated that the command had not been informed of the requirement for the dates of the OAB Acknowledgment and DA Form 61 to match or as a minimum that the date on the DA Form 61 be earlier.

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 SELRES of the Ready Reserve in a designated skill 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 paragraph (2)(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.

11.  An approved Headquarters, USARC memorandum, subject: Fiscal Year 2009 (FY09), SELRES Incentive Programs (SRIP) (1 October 2008-31 March 2009), dated 9 September 2008, lists the warrant officer AOC of 350F as eligible for an OAB.  The policy included therein was further approved to continue through 30 September 2009. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant entered into a Written Agreement - OAB Acknowledgment in good faith that authorized him to receive a $10,000.00 accession bonus in conjunction with his completion of the WOBC.  It is also apparent based on the date of the agreement that the OAB was used as an incentive to entice the applicant to apply for appointment as a warrant officer.

2.  His AOC of 350F was an eligible AOC for the OAB at the time he signed a DA Form 4856 and an OAB Acknowledgment which was signed by a witnessing officer, on 8 March 2009, acknowledging he would receive a $10,000 OAB in the area of concentration (AOC) of 350F.  He accepted his appointment, completed the WOBC, and it appears he met and completed the other requirements for eligibility for the OAB.

3.  By law, the Secretary concerned may authorize an accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the SELRES in a critical specialty.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

4.  Notwithstanding USARC's contention that since he failed to complete the OAB counseling and acknowledgment in the proper sequence he should be denied the OAB, evidence indicates he has met the eligibility requirements to receive payment for the OAB.  He should not be penalized for the administrative errors committed by USAR staff.  As such, in view of the facts of this case and based on the recommendations of the applicant's chain of command, it would be appropriate and serve the interest of justice to correct his record by showing the applicant's OAB agreement was completed on 14 April 2009, the same date he applied for warrant officer, and that he is entitled to receive his OAB effective 5 November 2010, the date he completed WOBC.

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 Department of the Army records of the individual concerned be corrected by showing the applicant's OAB Agreement was signed and dated on 14 April 2009, the date he applied for appointment as a warrant officer, and that he is entitled to receive his OAB effective 5 November 2010.




      _______ _   __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)                                         AR20110020346



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ABCMR Record of Proceedings (cont)                                         AR20110020346



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