IN THE CASE OF:	 

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120003906 


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 he be paid an Officer Accession Bonus (OAB) in the amount of $10,000.00.

2.  The applicant states:

	a.  upon enlisting in the West Virginia Army National Guard (WVARNG), his recruiter told him he was entitled to a $10,000.00 bonus.  He asked the recruiter to put it in writing and he said there is no need because it is a standard bonus that all commissioned officers receive.  He took the recruiter's word for it and signed on.  

	b.  while completing his packet for Officer Candidate School (OCS), he was told by an E-5 he would receive his bonus.  However, after an internal investigation, it turns out the E-5 forgot to complete a form which is required for him to receive the bonus.

	c.  he and his family have suffered a large financial loss simply due to the fact someone forgot to fill out a form.  He should be granted the bonus he is entitled to and not be penalized because someone didn't do their job properly.  

3.  The applicant provides:

* Letters, dated 22 August 2011 and 10 February 2012, from the WVARNG
* Letter, dated 22 December 2011, from the National Guard Bureau (NGB)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the WVARNG under the OCS enlistment option on 26 September 2008.  His enlistment document says:  

"I certify that I have carefully read this document, including the partial statement of existing United States laws in Section C and how they may affect this agreement.  Any questions I had were explained to my satisfaction.  I fully understand that only those agreements in Section B and Section C of this document or recorded on the attached annex(es) will be honored.  I also understand that any other promises or guarantees made to me by anyone that are not set forth in Section B or the attached annex(es) are not effective and will not be honored."

2.  He graduated from OCS on 8 August 2009 and was appointed a second lieutenant in the WVARNG. 

3.  The available records do not contain a written agreement for an OAB.  

4.  He completed the Military Police Basic Officer Leader Course (BOLC) on 
17 February 2011.

5.  He was promoted to first lieutenant effective 17 February 2011.

6.  On 22 August 2011, officials at WVARNG submitted a request for an exception to policy for the OAB manual control number for the applicant.  The letter states:

* the applicant was fully eligible to receive an OAB when he accessioned into the WVARNG and is deserving of this incentive
* on 26 September 2008 he enlisted into the WVARNG under the OCS enlistment option
* he graduated from OCS on 8 August 2009
* after inquiring about the bonus with recruiting and retention personnel handling his accession packet, he was under the impression he would receive the bonus
* he completed BOLC on 17 February 2011 and inquired when he would receive his bonus payment and it was discovered a bonus control number was never requested through the Information Management and Reporting Center (IMARC)
* the incentives manager and current officer strength management personnel were unable to locate a signed copy of the OAB addendum 
* he was notified he would not receive the bonus since the incentive was not processed correctly
* an Army Regulation 15-6 investigation into the OAB was conducted and completed on 29 April 2011
* it was determined there was no fault of the applicant and had the necessary paperwork been completed when he accessioned, he would have received the incentive

7.  On 22 December 2011, NGB disapproved the request for an exception to policy because the applicant did not execute an OAB addendum.  The NGB stated:

	a.  in accordance with ARNG Selected Reserve Incentive Program (SRIP) guidance 07-06, (10 August 2007 – 31 March 2008), extended to 30 September 2009, eligible applicants were offered the OAB.

	b.  in accordance with Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), paragraph 6.2, "Each recipient shall be required to sign a written agreement stating that the member understands the conditions under which continued entitlement to unpaid incentive amounts..."  

   c.  the applicant accepted a commission as an officer in the WVARNG on 
8 August 2009, and he did not execute an OAB addendum.  Therefore, there is no substantiating evidence that an incentive was agreed upon as regards to his commissioning service agreement.  
   
   d.  the applicant remains ineligible for the OAB manual control number.    

8.  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.  

9.  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 a commission as an officer in the WVARNG on 8 August 2009 and he did not execute an OAB addendum.  Therefore, there is no evidence he relied on the bonus to enlist.

2.  He signed a contract in which he was warned essentially that if it's not in the enlistment contract, or in an annex to the contract, it's not a promise.

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)                                         AR20120003906





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ABCMR Record of Proceedings (cont)                                         AR20120003906



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