IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120005011
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 officer accession bonus (OAB) for his appointment as a first lieutenant (1LT) in the South Dakota Army National Guard (SDARNG).
2. The applicant states:
a. He needs a manual control number assigned so he can receive an OAB of $10,000. Due to an error made by the recruiting staff of the SDARNG, a bonus control number (BCN) was not secured for him and he did not receive the OAB promised by his recruiter. He was appointed into the ARNG for several reasons, one of which was to serve God as a chaplain and another was to provide financial benefits to his family. He fully intends to complete his commitment to the ARNG and ask that the ARNG upholds the promises made to him.
b. He was appointed into the SDARNG on 10 March 2011 and this is when his recruiter, Captain (CPT) RF, had him complete the bonus addendum. CPT RF then forwarded the paperwork to a sergeant first class (SFC) in Rapid City, SD, for processing. During this period the addendum was misplaced and neither CPT RF nor the SFC secured a BCN for him.
c. On 14 June 2011, it was discovered by the recruiting staff that the addendum and BCN were missing. The Deputy G-1, SDARNG, sent an exception to policy request to the National Guard Bureau (NGB) in order to secure a BCN. On 3 February 2012, the NGB denied the exception to policy due to the fact that the missing OAB Addendum could not be located.
d. Between 24 and 28 February 2012, he discovered he had a copy of his OAB Addendum that had been signed by CPT RF. He was assisted by a member of the SDARNG in collecting the necessary paperwork to submit this application to the Army Board for Correction of Military Records.
3. The applicant provides two statements of support, a memorandum, and an OAB Addendum.
CONSIDERATION OF EVIDENCE:
1. Having had prior active service in the U.S. Navy, the applicant was appointed as a 1LT Reserve officer in the SDARNG. He executed a DA Form 71 (Oath of Office - Military Personnel) on 10 March 2011.
2. His records do not contain an OAB Addendum.
3. Orders Number 069-700, dated 10 March 2011, issued by the Office of the Adjutant General, SDARNG, appointed the applicant as a 1LT Reserve officer in basic branch Chaplain (CH), effective 10 March 2011, with assignment to the 1st Battalion, 147th Field Artillery, Watertown, SD, in duty position area of concentration (AOC) 56A (Chaplain).
4. He attended and successfully completed the CH Basic Officer Leadership Course (BOLC) from 22 May to 17 June 2011 at Fort Jackson, SC.
5. On 13 July 2011, he was awarded AOC 56A.
6. On 6 September 2011, the NGB published Special Orders Number 209 AR extending the applicant Federal recognition for his initial appointment as a 1LT CH officer with an effective date of 10 March 2011.
7. The applicant provides:
a. A memorandum issued by the NGB, Deputy G-1, dated 3 February 2012, wherein an official denied the SDARNG's request for an exception to policy to allow the applicant to receive the $10,000 OAB that was offered at the time of the applicant's accession. The official stated the applicant was accessed into the SDARNG on 10 March 2011 and was informed by his recruiter that he was eligible for the OAB. However, it was later discovered that the OAB Addendum was misplaced and a BCN was never requested. According to Department of Defense Instruction (DODI) 1205.21, paragraph 6.2, "Each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorized the payment of the incentive to the member." Due to the fact the OAB Addendum cannot be located, the applicant is ineligible to receive the OAB.
b. A statement of support, dated 25 February 2012, wherein the applicant's battalion commander stated he supports the applicant's request for a BCN and entitlement to the $10,000 OAB. He further stated the applicant was accessed into the SDARNG on 11 March 2011 and had been told by CPT RF that he would be eligible for the OAB. Between transferring the paperwork, the addendum was lost and a BCN was never requested. The applicant should not pay for their mistake.
c. A statement of support, dated 28 February 2012, wherein CPT RF stated he was the applicant's recruiter, worked his packet, and swore him into the SDARNG. He (the applicant) signed the OAB Addendum and it was forwarded to the State recruiting SFC for processing. The documents weren't completed correctly and he (CPT RF) should have contacted the State bonus manager directly. The mistakes were no fault of the applicant; he supports the applicant's request for payment of the OAB he qualified for at the time of his accession and would have received if the documents had been properly completed.
d. An OAB Addendum, wherein it stated, in pertinent part, that in connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve "I agree to serve in the Selected Reserve in AOC/Military Occupational Skill (MOS) ___ which is a critical officer skill and is designated for bonus entitlement
The bonus amount shall not exceed the $10,000 bonus amount established by law
The first and final payment of $10,000 will be processed upon completion of the BOLC III for the contracted critical skill." The applicant's initials were entered in the AOC/MOS block and the applicant and CPT RF (Witnessing Officer) signed the OAB Addendum. The addendum is not dated, does not contain a BCN, is not signed by a service representative, and it is not filed in his official military personnel file.
8. ARNG Selected Reserve Incentives Program (SRIP) for Fiscal Year (FY) 2011 stated, in pertinent part, to qualify for an OAB, officers must sign the OAB agreement on or up to 90 days before the date of appointment or commission. An addendum must have an approved automated control number issued on or before the date of the service agreement. The addendum is not valid if signed after the execution date of an Oath of Office and/or if not signed and dated by a witnessing official and service representative at the time the document is executed. Retroactive entitlement of an SRIP is not authorized under this policy.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that an OAB Addendum was not executed for the applicant on 10 March 2011 for an OAB of $10,000 in a critical AOC, nor was there a request for a BCN at the time of his commissioning. Notwithstanding his sincerity and the SDARNG's assertion that the OAB Addendum was misplaced and only recently found, there is no evidence that he signed the required OAB Addendum on the date he was appointed or that a BCN was requested/obtained. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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) AR20120005011
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