IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120002950 


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) for his appointment as a second lieutenant (2LT) in the California Army National Guard (CAARNG).

2.  The applicant states:

	a.  His OAB Addendum was filled out incorrectly and/or late, which caused his $10,000.00 OAB to be rejected.  He submitted an exception to policy to the National Guard Bureau (NGB) but it was denied.  His paperwork was supposed to have been signed on his commissioning date of 8 April 2010; however, his officer strength manager did not inform him of this critical step until October 2010.  This was not his error.  He fulfilled his obligation in good faith; however, he was denied the bonus through no fault of his own.

	b.  He was told in the fall of 2009 that he qualified for the $10,000.00 OAB because his branch (Quartermaster (QM) Corps) in area of concentration (AOC) 92A (Quartermaster, General) was critical; however, he was not informed of the steps to properly receive the bonus.  He was not told anything was wrong with his bonus, just that he had mistakenly been assigned as an officer (Transportation Corps (TC)) in AOC 88A (Transportation, General) even though his designated AOC was 92A.  The correction was made with his AOC and he was satisfied his bonus was still intact.

3.  The applicant provides thirteen documents in support of his application as listed on a signed separate page.
CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted active duty and Reserve service, the applicant was appointed as a 2LT Reserve officer in the CAARNG.  He executed a DA Form 71 (Oath of Office – Military Personnel) on 8 April 2010.

2.  His record contains:

	a.  An OAB Addendum, dated 8 April 2010, wherein it stated that in connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve "I am being accessed into the NGB approved critical skill of 88 (AOC/MOS) and shall receive a bonus of $10,000.00 paid in two installments.  The first 50% installment will be processed upon completion of BOLC [Basic Officer Leader Course] III and qualification in my critical skill.  The second and final payment of 50% will be processed on the third year anniversary of my agreement.

	b.  The witnessing officer signed and dated the OAB Addendum on 8 April 2010 and a bonus control number was entered on the form.  However, the applicant did not sign the OAB Addendum.

3.  Orders 118-1078, issued by Joint Force Headquarters (JFH), CAARNG, Sacramento, CA, dated 28 April 2010, appointed the applicant as a 2LT Reserve officer in basic branch "TC," effective 8 April 2010, with assignment to the 349th QM Company, Roseville, CA in an overstrength operations officer position in AOC 92A.

4.  Orders 119-1301, issued by the same headquarters, dated 29 April 2010, amended Orders 118-1078 to show his basic branch as "QM" instead of "TC."

5.  On 9 July 2010, the NGB published Special Orders Number 146 AR extending the applicant Federal recognition for his initial appointment as a 2LT QM officer with an effective date of 8 April 2010.

6.  He attended and successfully completed the QM BOLC from 8 November 2010 to 11 March 2011.  He was promoted to first lieutenant on 8 October 2011.

7.  The applicant provides:

	a.  An OAB Addendum similar to the one contained in his records.  However, on the addendum he provides, the entry "88" is deleted and the entry "92A" is added.
	b.  A memorandum issued by the NGB, Chief, Education, Incentives and Employment Division, dated 28 January 2011, wherein an official denied the CAARNG's request for an exception to policy to allow the applicant retention of the $10,000.00 OAB.  The official stated the applicant was appointed to the CAARNG in the critical AOC of 92A; however, the OAB Addendum was only signed and dated by a witnessing officer and not the applicant.  As such, no OAB contractual agreement exists between the applicant and the CAARNG; therefore, the applicant is ineligible to retain the $10,000.00 OAB.

8.  On 6 August 2012, by email, an official at the Officer Career Policy Branch, Directorate of Military Personnel Management, Deputy Chief of Staff, G-1, verified that 92A/QM was an authorized AOC for the $10,000.00 OAB for ARNG officers on 9 April 2010.

9.  ARNG Selective Reserve Incentive Programs Policy Guide for FY07, 08, 09, and 10, stated, in pertinent part, 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 State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, 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 an OAB Addendum was executed for the applicant on 8 April 2010 for an OAB of $10,000.00 in a critical AOC.  He was appointed as a CAARNG 2LT QM Corps officer in the critical AOC of 92A and he executed a DA Form 71 on 8 April 2010.  However, through no fault of his own, his OAB was executed with a bonus control number to authorize a bonus, but without his signature.  As he met all requirements he agreed to in his appointment, he should be entitled to receive payment of the $10,000.00 OAB.

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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* showing he signed the Written Agreement - Officer Accession Bonus Addendum on 8 April 2010
* showing he is entitled to payment of the $10,000.00 OAB in accordance with the terms of his bonus addendum
* paying him, out of Army National Guard funds, the bonus as specified in his bonus addendum



      ____________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)                                         AR20120002950



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ABCMR Record of Proceedings (cont)                                         AR20120002950



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