IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020527
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 correction of his Written Agreement Officer Accession Bonus Addendum to reflect the date he was counseled and elected to receive a $10,000.00 Officer Affiliation Bonus (OAB).
2. The applicant states he submitted several documents to the Special Missions Noncommissioned Officer (NCO), Sergeant First Class (SFC) C____ L____, who was assigned to him. SFC C____ L____ pieced together his packet and she had the documents that he had signed at various points in the process of his file on the day of the board. She had him read and sign the counseling statement wherein he elected the OAB, but she did not have him sign a new copy of the written agreement. He was boarded on 20 February 2009 and his completed packet was submitted by her on 16 March 2009.
3. The applicant provides:
* exception to policy memorandum request and denial letter
* DA Form 4856 (Developmental Counseling Form)
CONSIDERATION OF EVIDENCE:
1. The applicant served as an enlisted member of the U.S. Army Reserve (USAR) with multiple tours on active duty. He held military occupational specialty 11B (Infantryman) and he attained the rank/grade of staff sergeant/E-6.
2. On 20 February 2009, he was counseled by SFC C____ L____, Special Missions NCO, regarding direct appointment as an officer. He indicated he understood the eligibility criteria to receive the OAB incentive and elected to receive a $10,000.00 OAB.
3. On 19 March 2009, he submitted an application for appointment as a commissioned officer of the USAR.
4. His appointed packet was boarded by the Office of the Chief, Army Reserve. He was appointed as a second lieutenant in the USAR and executed an oath of office on 2 August 2009.
5. He entered active duty for training (ADT) on 4 October 2009 and he subsequently completed the Quartermaster Basic Officer Leader Course at Fort Lee, VA. He was honorably released from ADT to the control of his USAR unit on 4 March 2010.
6. He was assigned to the 310th Expeditionary Sustainment Command (USAR), Indianapolis, IN. He was promoted to first lieutenant on 1 February 2011.
7. On 2 March 2011, his senior commander submitted a request for an exception to policy for payment of the OAB through the 377th Sustainment Command to the Office of the Deputy Chief of Staff, G-1, USAR Command (USARC).
8. On 7 September 2011, the USARC G-1 disapproved the request. The official stated that research by his office indicated the applicant was ineligible for the OAB. The applicant was appointed on 2 August 2009. He completed his OAB acknowledgment prior to the time of his application. His application was submitted on "16" March 2009. In accordance with the Selected Reserve Officer Accession Bonus Policy, an OAB agreement is required at the time of application, not before. The applicant completed an OAB agreement on 20 November 2008. At the time he completed the written agreement he did not execute his intent to become a commissioned officer. Therefore, he is ineligible for the OAB.
9. As a condition of receipt of an incentive covered by Department of Defense Instruction (DODI) 1205.21, paragraph 6.1, each recipient is required to sign a written agreement stating the member has been advised of and understands the conditions under which entitlements to unpaid incentive amounts shall be terminated and which advance payments can be recouped.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed an OAB written agreement on 20 November 2008. He then submitted his application to become an officer on 19 March 2009. He was boarded and accepted for appointment. His OAB written agreement predated his application to become an officer. The DODI requires the OAB agreement to be executed at the time of the application, not before. As such, when he completed the OAB agreement, there was neither an intent nor a commitment by the applicant to become an officer and he was therefore ineligible for the bonus.
2. A change from the date he executed the agreement (November 2008) to the date he made his application to become an officer (March 2009) would place him at a financial advantage that is not otherwise available to others. Therefore, he is not entitled to the 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 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) AR20110020527
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ABCMR Record of Proceedings (cont) AR20110020527
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