IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004726 


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 Michigan Army National Guard (MIARNG).

2.  The applicant states his OAB Addendum was not dated by himself, the service representative, or the recruiting program manager, which caused the second payment of his $10,000.00 OAB to be rejected.  He was unaware of the administrative error at the time.  As soon as he was told of the error, he submitted an exception to policy to the National Guard Bureau (NGB) but it was still denied.  He signed the addendum and fulfilled his obligation in good faith.  It would be an injustice if he was not paid this bonus after the sacrifices he and his family have made.

3.  The applicant provides a DA Form 2823 (Sworn Statement), OAB Addendum, seven pages of email, and five memoranda.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted active duty and Reserve service, the applicant was appointed as a Signal Corps (SC) second lieutenant (2LT) Reserve officer in the MIARNG and he executed an NGB Form 337 (Oaths of Office) on 19 December 2007.


2.  His record contains:

	a.  An undated OAB Addendum wherein it states 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 an MTO&E [Modified Table of Organization & Equipment] unit that is not identified as an NGB critical UIC [Unit Identification Code].  I shall receive a bonus of $10,000.00 paid in two 50% installments.  The first 50% installment will be processed upon completion of OBC [Officer Basic Course], and the second and final 50% installment is payable on the third-year anniversary of my commission/appointment date."

	b.  The applicant, service representative, and witnessing officer all signed the OAB Addendum and a bonus control number (BCN) was entered on the form.  However, none of the signatures contain the date the addendum was signed.

3.  Orders 004-085, issued by State of Michigan, Department of Military and Veterans Affairs, Lansing, MI, dated 4 January 2008, appointed the applicant as a 2LT Reserve officer in basic branch SC, effective 19 December 2007.

4.  He attended and successfully completed the SC Basic Officer Leadership Course [BOLC] from 30 April to 31 July 2008.  On an unknown date, the applicant was paid $5,000.00; the first 50% installment of his OAB.

5.  He was promoted to first lieutenant (1LT) on 19 June 2009.

6.  On 20 January 2012, the MIARNG notified the applicant that a discrepancy had been discovered with his bonus contract as the OAB Addendum was not dated when it was signed.

7.  On 20 February 2012, an official with the MIARNG, Deputy Chief of Staff, Personnel Division, submitted a request to the NGB for an exception to policy for the applicant to retain the OAB.  The official stated the applicant was appointed to the MIARNG on 19 December 2007 and agreed to receive a $10,000.00 OAB.  A manual bonus control number was issued authorizing him to receive the OAB but it was not entered into the Information Management and Reporting Center (iMARC) upon completion of the request.  When he completed BOLC and became eligible for payment, an iMARC generated BCN was issued and the initial $5,000.00 was made.  The written agreement was an obsolete form and signed but not dated by the applicant, service representative, or witnessing official.  The applicant signed the agreement in good faith and he was unaware of the errors made by the mangers throughout the process.


8.  On 2 March 2012, an official with the NGB, Deputy G1 Division denied the MIARNG's request for an exception to policy and stated the State incentive manager would terminate the incentive eligibility without recoupment.  The official stated the applicant was commissioned into the MIARNG on 19 December 2007 and a review of the documents revealed the applicant, along with the service representative, and witnessing official failed to date the OAB Addendum.  Research in the iMARC revealed that a BCN was requested on 15 January 2009 that was retroactive to the date of commission.  In light of the fact the addendum was not dated and the BCN was retroactively requested, the intent of the MIARNG to offer the incentive to the applicant could not be validated.

9.  The ARNG Selective Reserve Incentive Programs Policy Guide for 07-06 (effective 10 August 2007 - 31 March 2008, extended to 28 February 2009), stated, in pertinent part, eligible applicants were offered the OAB.  To qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a 2LT or appointment as a warrant officer and the addendum must contain a BCN.  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:

1.  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.  

2.  However, through no fault of his own, his OAB was executed with an invalid BCN and without being dated by himself, the service representative, and the witnessing officer, at the time they signed the addendum.

3.  Records show the applicant met all requirements he agreed to in his addendum and, as such, he should not be penalized for an error committed by MIARNG recruiting officials.

4.  In view of the foregoing, he should be entitled to receive the remaining 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 that the evidence presented was 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, the service representative, and the witnessing officer all signed his OAB Addendum on 19 December 2007 for the bonus in the amount of $10,000.00 with a valid bonus control number
* showing he is eligible for payment of the OAB in accordance with the terms of his addendum contract
* paying him, from Army National Guard funds, his OAB as specified in his addendum contract



      ____________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)                                         AR20120004726



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ABCMR Record of Proceedings (cont)                                         AR20120004726



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