IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120002935 


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 reinstatement of the Officer Accession Bonus (OAB) in the amount of $10,000 he qualified for upon completion of the Warrant Officer Basic Course (WOBC).  

2.  He states:

   a.  he believes the Texas Army National Guard (TXARNG) Incentives Officer or the National Guard Bureau (NGB) lost his bonus paperwork due to the lack of proper record keeping.
   
   b.  he qualified for a $10,000 bonus upon completion of the WOBC.
   
   c.  he completed all pertinent paperwork and received the first installment of his bonus while deployed for Operation New Dawn.
   
   d.  he has not received the second and final payment of his bonus because his bonus paperwork was lost.
   
   e.  the high turnover of personnel in the recruiting and incentives offices of the TXARNG made matters worse.  In addition, he must have had a bonus control number at one time because he was paid the first installment of his bonus.  



3.  He provides:

* Memorandum from NGB denying his request to retain the OAB
* Self-authored statement
* Written Agreement, OAB Addendum
* NGB 337 (Oaths of Office)
* Defense Finance and Accounting Service Military Leave and Earnings Statement 
* Electronic mail (email) correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the TXARNG in the rank of Chief Warrant Officer Two (CW2).

2.  Following a period of enlisted service in the TXARNG, the applicant was appointed in the TXARNG as a warrant officer one (WO1) on 20 September 2008.  

3.  On 19 May 2009, he signed a Written Agreement – OAB Addendum in which he agreed to serve in the ARNG under the Selected Reserve Incentive Program (SRIP) for a period of 6 years.  The addendum also shows he would receive a bonus of $10,000.00 paid in two 50% installments.  The first 50% installment is payable upon successful completion of WOBC (Warrant Officer Basic Course), and the second and final 50% installment is payable on the third-year anniversary of his commission/appointment date.  The OAB Addendum does not include signatures of the service representative or witnessing officer and does not include a bonus control number.  

4.  He completed the Electronic Systems Maintenance Technician – WOBC on 7 May 2010.  

5.  He was promoted to CW2 on 20 July 2010.

6.  His Military Leave and Earnings Statement for 5 January 2011 indicates he received a $5,027.00 entitlement.  

7.  He provided a self-authored statement in support of his claim in which he stated he qualified for a bonus upon completion of WOBC on 5 May 2010.  He completed all pertinent paperwork, received the first half of his bonus while deployed for Operation New Dawn, has not received the second half and final payment of his bonus because his bonus paperwork was lost.  He contacted the Incentives Branch several times, but he never received a completed copy of the OAB Addendum.  When he inquired about the second payment of his bonus, he was told the paperwork was missing and the OAB Addendum was incomplete.  

8.  On 11 January 2012, the Deputy Chief of Staff, Personnel/G1, ARNG, NGB sent a memorandum to the TXARNG, State Incentive Manager, Texas Joint Military Forces Education Services, denying an exception to policy for retention of the OAB for the applicant.  The memorandum states:

	a.  in accordance with ARNG Selected Reserve Incentive Program Guidance 07-06 with updates (effective 10 August 2007 – 15 June 2010), eligible applicants were offered the OAB.

	b.  the applicant signed the OAB agreement on 19 May 2009, after his appointment date of 20 September 2008.  However, there was no Witnessing Official or Service Representative signature or date on the OAB and a bonus control number was not requested for the incentive.  

	c.  the OAB cannot be validated as an incentive offered to the applicant.  The State Incentive Manager must terminate the contract without recoupment.

	d.  the applicant may file a claim with the Army Board for Correction of Military Records in accordance with Army Regulation 15-185, if there was belief that an error or injustice still exists.

9.  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 Selected Reserve of the Ready Reserve in a skill designated for a period specified in the agreement.  

10.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and the letter from WVARNG officials were carefully considered.  However, evidence shows he accepted an appointment as a warrant officer in the TXARNG on 20 September 2008 and he did not execute an OAB addendum at that time.  Therefore, there is no evidence he relied on an addendum offering him a bonus at the time he accepted appointment in September 2008.

2.  The evidence of record indicates he signed an OAB addendum on 19 May 2009, which is several months subsequent to his appointment date in the TXARNG on 20 September 2008.  However, this OAB agreement was not signed by the service representative or witnessing officer and does not include a bonus control number.  

3.  Based on the foregoing, there is no basis for granting 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 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)                                         AR20120002935





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ABCMR Record of Proceedings (cont)                                         AR20120002935



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