BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120001722
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 Selected Reserve Officer Accession Bonus (OAB).
2. The applicant states:
a. He signed an OAB addendum on 27 February 2009 and was commissioned in March 2009. His addendum stated he would receive a $10,000 OAB for completing the Basic Officer Leader Course (BOLC). He completed BOLC on 30 November 2010 in accordance with commissioning standards.
b. He returned to his unit and filed the paperwork to receive his bonus. He received a letter denying him the bonus because he did not have a bonus control number (BCN). He inquired about the problem and he was told his OAB action was not assigned a BCN. The applicant states he completed his packet and assumed it was ready to go. The error was not his fault; therefore, he believes denying him the OAB is unjust.
3. The applicant provides an addendum, memorandum, and statement of support.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Oklahoma Army National Guard (OKARNG) on 26 January 2007 and he held military occupational specialty 88M (Motor Transport Operator).
2. His records contain an OAB Addendum, dated 27 February 2009, wherein it stated, in pertinent part, that in connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve Incentive Program for 6 years "I shall receive a bonus of $10,000.00 paid in one lump sum upon my successful completion of OBC [Officer Basic Course]." He signed this form on 27 February 2009 as did the OKARNG recruiting representative and a witnessing officer. The line for the BCN is dated 28 February 2009 but there is no BCN entered on this line.
3. The applicant was honorably discharged from the OKARNG, on 18 March 2009, for the purpose of accepting an appointment as a commissioned officer.
4. He was appointed as a second lieutenant (2LT) Reserve commissioned officer in the OKARNG and he executed an Oath of Office on 19 March 2009.
5. He attended and successfully completed the Transportation BOLC from 26 August to 30 November 2010. He was promoted to first lieutenant on 30 November 2010.
6. On 13 September 2011, an official at the office of the Chief, Education, Incentives and Employment Division, NGB, denied the OKARNG's request for an exception to policy to pay the applicant an OAB. The official stated that in accordance with NGB Education (NGB-EDU 10-031), requests for manual control numbers (MCN) were to be submitted by the deadline of 30 September 2010. The OAB MCN request submitted on behalf of the applicant was received on 9 December 2010, after the deadline established.
7. The applicant provides a statement of support from Major (MAJ) KAV, dated 14 September 2011, wherein MAJ KAV stated he had been the Officer Strength Manager for the OKARNG and assisted the applicant with his accession packet. In 2009, the officer recruiting team accessed over 125 officers into the OKARNG and duties were divided among his team. It was not uncommon to complete an appointment packet without a BCN as one of the noncommissioned officers would complete the bonus form and request a BCN before the packet was forwarded to G-1. He has reviewed the applicant's OAB addendum and can only conclude an error was made and either the BCN was not requested prior to his appointment, or the number was not placed on the form.
8. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs which will be issued from the State Incentive Management Office and reported to the NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs, accuracy of the enlistment contract, bonus addendum, critical skill, bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant signed an OAB Addendum in good faith on 27 February 2009 for an OAB of $10,000.00 upon completion of BOLC. He was appointed as a 2LT in the OKARNG and executed an Oath of Office on 19 March 2009 and he completed BOLC on 30 November 2010. However, through no fault of his own, his OAB was executed without a BCN to authorize a bonus. He has met all requirements he agreed to in his appointment; therefore, he should be entitled to receive payment of the $10.000.00 bonus.
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 and State ARNG records of the individual concerned be corrected to show he is eligible for payment of a $10,000.00 OAB, pay him this bonus as specified in his OAB Addendum, and the bonus is to be paid out of ARNG funds.
_______ _ 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) AR20120001722
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001722
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013864
The applicant requests, in effect, to be: a. issued a Bonus Control Number (BCN) for his Officer Accession Bonus (OAB); and b. paid the $10,000 OAB as outlined in his Written Agreement - OAB Addendum. He provides: * A copy of his Written Agreement - OAB Addendum * His initial appointment orders * A DA Form 1059 (Service School Academic Evaluation Report) * A request for exception to policy * His Oath of Office * Federal Recognition orders * Selected Reserve Incentive Program (SRIP) policy...
ARMY | BCMR | CY2011 | 20110004747
He provides: * Prior service records * Portions of his enlistment contract * A request for an exception to policy * Various email transmissions * Various NGB incentive program policy letters * An extract of his military medical records CONSIDERATION OF EVIDENCE: 1. His DA Form 1966 (Record of Military Processing Armed Forces of the United States) contains the entry "I understand that I am eligible for Officer Accession Bonus Program. As a result, the Board recommends that all State Army...
ARMY | BCMR | CY2012 | 20120004726
The applicant requests payment of a $10,000.00 officer accession bonus (OAB) for his appointment as a second lieutenant (2LT) in the Michigan Army National Guard (MIARNG). The evidence of record shows an OAB Addendum was executed for the applicant on or about the date he took the oaths of office on 19 December 2007 for an OAB of $10,000. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130020491
To qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer and the Addendum must contain a bonus control number. The evidence of record confirms the applicant was appointed as an FLARNG 2LT EN Corps officer in the critical AOC of 12B and he executed an oath of office on 8 May 2009. As a result, the Board recommends that all Department of the Army and Army National Guard records of the...
ARMY | BCMR | CY2013 | 20130007044
The applicant requests approval of an exception to policy (ETP) to assign a manual bonus control number (BCN) to the Officer Accession Bonus (OAB) contract he signed on 5 May 2007. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant had signed an OAB contract on the date of his...
ARMY | BCMR | CY2013 | 20130012185
The applicant requests payment of the second half of his Officer Accession Bonus (OAB). In his own sworn statement, dated 8 September 2012, he stated: * he signed the OAB Addendum in December 2009 as part of his accessioning packet * he received half of his bonus in December 2009 but had not received the remainder * through no fault of his own, the OAB Addendum was not completed correctly, which was the reason the remainder of the OAB had not been paid b. The policy in effect in December...
ARMY | BCMR | CY2013 | 20130021460
On 12 August 2011, he was appointed as a Reserve commissioned officer of the Army, in the rank of 2LT, and he signed an oath of office. In this memorandum, his commander stated: * the applicant was erroneously counseled that his AOC was not eligible for the OAB * the applicant contacted CPT Mxxxxx, an Officer Strength Manager, requesting a letter of acceptance (LOA) for appointment as a Signal Corps officer in AOC 25A, the branch he was to be assigned as indicated on his Department of the...
ARMY | BCMR | CY2013 | 20130009300
The applicant requests, in effect, payment of a $10,000 officer accession bonus (OAB) for his appointment as a second lieutenant (2LT) in the Puerto Rico Army National Guard (PRARNG). The applicant and a witnessing officer signed and dated the OAB Addendum on 11 September 2010; however, a BCN was not entered on the form. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: a. showing the applicant,...
ARMY | BCMR | CY2014 | 20140017550
The memoranda state: * the applicant accepted his commission as a chaplain on 15 July 2012 * he signed his OAB Addendum on 4 November 2012, which was after the date of commission * according to policy, OAB Addenda signed after the date of commissioning are not authorized * the OAB Addendum, dated 1 March 2009, was an obsolete form * he should have signed an OAB agreement generated by the Guard Incentive Management System (GIMS) upon request of the BCN * the recruiting officer failed to...
ARMY | BCMR | CY2010 | 20100029331
In this request he: a. requested the applicant's BCN be approved for a $10,000.00 OAB in AOC 151; b. indicated the applicant reports the OSM experienced a personnel change at the time his OAB contract was completed; however, a BCN was never requested; c. the Incentives office learned no BCN was requested for the applicant on 13 January 2010, and the applicant's verbal inquiries regarding his OAB to the OSM resulting in no further action by the OSM; and d. the applicant was fully eligible to...