IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20120004383 


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 record to show he is entitled to receive an Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in an authorized critical skill with the Wisconsin Army National Guard (WIARNG).

2.  The applicant states, in effect, he was promised a bonus by his officer recruiter in the amount of $10,000.00 upon his successful completion of the Officer Basic Course (OBC).  In reliance on a promise from a government representative, he elected to attend non-bifurcated OBC which cost the applicant extreme personal expense in the form of lost wages which was due to the government representative’s representation to the applicant that he would receive a bonus upon completion of OBC.  After completing the OBC, his bonus was denied because the bonus documentation had been completed and signed at the wrong time.  He further states, it is unjust to deny a Soldier a bonus based upon the errors made by a government representative. 

3.  The applicant provides:

* Officer Accession Bonus Addendum, dated 31 March 2009
* Special Orders Number 75 AR, dated 20 March 2008
* Special Orders Number 123 AR, dated 18 May 2009
* Critical Officer AOC (area of concentration) List for                                  16 June 2007 – 31 March 2008
* Two memoranda

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant’s records show he was appointed as a Field Artillery Corps second lieutenant (2LT) in the WIARNG and executed the oaths of office on 8 August 2007.  Special Orders 75 AR, dated 20 March 2008, show he received Federal Recognition as such, effective 8 August 2007.

2.  On 23 March 2009, a Federal Recognition Examining Board examined the professional qualifications of the applicant and found that he was qualified for  appointment as a Staff Judge Advocate and he was granted Federal Recognition as such, effective 31 March 2009.

3.  The applicant provides an OAB Addendum signed by the applicant and his recruiter on 31 March 2009.  Paragraph 3d of this form stated "I am being accessed into an MTO&E (modified table of organization and equipment) unit that is not identified as an National Guard Bureau (NGB) critical UIC (unit identification code).  I shall receive a bonus of $10,000.00 paid in two 50 percent installments.  The first 50 percent installment is payable upon successful completion of OBC and the second and final 50 percent installment is payable on the third-year anniversary of my commission/appointment date."  However, the OAB Addendum does not contain a bonus control number (BCN).  In addition, the applicant’s records do not contain nor did he provide a copy of his contract.  

4.  On 26 July 2010, the Deputy Chief of Staff, Personnel/G1, WIARNG submitted a request to the NGB for an exception to policy to grant an OAB to the applicant.  The request stated, in pertinent part:

   a.  The applicant commissioned on 8 August 2007 and was eligible for an OAB in either the critical AOC 27A (Judge Advocate General) or 13A (Field Artillery) during this time period.  Per policy, the Soldier should have signed the written agreement on the date of commissioning (8 August 2007 for 27A).  However, he later signed his written agreement on 31 March 2009 after completion of the OBC based on incorrect guidance by support personnel.  Accordingly, a bonus control number was requested and approved in 2009 by the Incentives Manager.  Request the applicant be able to obtain an OAB which he met all eligibility for and was promised based on the mitigating circumstances set forth.

   b.  This is no fault of the Soldier and was due to a lack of understanding of procedures by support personnel that resulted in an administrative error.  The applicant should not be denied his OAB because of a minor administrative error. 

5.  On 5 August 2010, an official at the NGB denied the applicant’s request for an exception to policy.  The official stated, in pertinent part, a $10,000 OAB was offered at the time of the applicant’s accession.  Upon review of all substantiating documentation, the applicant did not meet all eligibility criteria for the OAB; Policy states, “must sign the OAB Addendum on the date that they accept their commission as a 2LT.”  The applicant was commissioned on 8 August 2007 and the OAB Addendum was signed on 31 March 2009, constituting a retroactive incentive which is not authorized.  Additionally, there was no BCN request or approval at the time the applicant was commissioned; therefore, the applicant remains ineligible for the incentive.  The official further stated the applicant could file a claim with the Army Board for Correction of Military Records if he believed an error or injustice existed.

6.  Title 37, U.S. code, chapter 5, section 324, provides for an OAB for new officers in critical skills.

	a.  Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to accept a commission or an appointment as an officer of the Armed Forces and to serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an OAB in an amount determined by the Secretary concerned.

	b.  The Secretary concerned shall designate the critical officer skills for the purposes of this section.  A skill may be designated as a critical officer skill for an Armed Force under this subsection if, (1) in order to meet requirements of the Armed Force, it is critical for the Armed Force to have a sufficient number of officers who are qualified in that skill; and (2) in order to mitigate a current or projected significant shortage of personnel in the Armed Force who are qualified in that skill, it is critical to access into that Armed Force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs 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 BCNs, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.



DISCUSSION AND CONCLUSIONS:

1.  The NGB stated a $10,000 OAB was offered at the time of the applicant’s accession in either the critical AOC 13A or 27A during the time of his entry contingent upon signing a written agreement.

2.  Evidence indicates the applicant initially entered a contractual agreement to serve in the WIARNG as a Field Artillery Corps officer.  The applicant was appointed in the WIARNG and executed an oath of office on 8 August 2007 indicating his acceptance of appointment as a Field Artillery Corps officer.

3.  There is no evidence in the applicant’s official military personnel file nor did the applicant provide evidence that he executed a written agreement or was assigned a BCN to authorize a bonus.

4.  Notwithstanding the applicant’s contention, there is no evidence he relied on a promise (written or otherwise) of a bonus as an inducement to accept appointment and service in the Army.  Therefore, there is no basis for granting the applicant's requested relief.
 
BOARD VOTE:

________  ____x___  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___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)                                         AR20120004383



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ABCMR Record of Proceedings (cont)                                         AR20120004383



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