IN THE CASE OF:	  

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120006334 


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, in effect, amendment of his appointment documents to show he executed an Officer Accession Bonus (OAB) addendum on the date of his commissioning in the Louisiana Army National Guard (LAARNG). 

2.  The applicant states:

* his exception to policy request was denied citing the addendum was to be signed at the time of commissioning
* the addendum was not signed because he was not afforded the opportunity even though he was eligible

3.  The applicant provides:

* Exception to policy request and denial memoranda
* 3 sworn statements
* 2 emails
* Interview Statements
* 1 photograph
* Chronology Listing of Ministry Experience
* DA Form 3574 (Certificate of Acknowledgement and Understanding of Service Requirements – Individuals Without Prior Service)
* DA Form 4572-R (Statement of Understanding for Appointment as a Commissioned Officer)
* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* DD Form 2088 (Statement of Ecclesiastical Endorsement)
* DA Form 71 (Oath of Office – Military Personnel)
* New Orleans Baptist Theological Seminary Transcript
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a first lieutenant in the LAARNG on 22 February 2011.

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

3.  The applicant provided sworn statements surrounding his recruitment which show:

* he was not informed of the OAB prior to his commissioning and was asked about receiving his OAB at his swearing-in ceremony
* in January 2011, his unit initially assigned him an incorrect unit identification code (UIC) and failed to place him in a primary slot which prevented his incentive manager from obtaining a bonus control number 
* in May 2011, the applicant inquired about his OAB and was informed no bonus paperwork had been completed, in effect, due to his slot placement; however, upon review of the unit manning roster it was noted he was, in fact, placed in a primary slot

4.  On 13 October 2011, the applicant's commanding officer submitted a request for an exception to policy for the applicant's OAB manual control number.  The request, in effect, states:

* a Commander's Inquiry was initiated regarding the applicant's OAB addendum
* the applicant was told during his accessions processing and interviews that he would be eligible for an OAB
* due to an administrative error, the applicant was denied the opportunity to receive his OAB addendum and bonus control number
* on the date of the applicant's commissioning, he met all of the eligibility criteria to receive his bonus
* the applicant continues to fulfill the requirements of his enlistment contract, did absolutely nothing wrong, and has upheld his end of the bargain 

5.  On 27 January 2012, NGB disapproved the request for an exception to policy.  The G-1, NGB stated:

	a.  in accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 10-01, (effective 16 June 2010 – 31 July 2011), eligible applicants were offered the OAB.

	b.  in accordance with Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), section 6, 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 LAARNG on 
22 February 2011and he did not execute an OAB addendum.  

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms he completed the Basic Officer Leaders Course (BOLC) on 17 December 2011.

7.  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.  

8.  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 request for amendment of his appointment documents to show he executed an OAB addendum on the date of his commissioning in the LAARNG was carefully considered.

2.  An OAB was offered at the time of the applicant’s accession contingent upon signing a written agreement.

3.  Evidence shows the applicant entered a contractual agreement to serve in the LAARNG as a Chaplain.  The applicant was appointed in the LAARNG and executed an oath of office on 22 February 2011 indicating his acceptance of appointment as a Chaplain.

4.  There is no evidence in the applicant’s Army Military Human Resource Record personnel file nor did the applicant provide evidence that he executed a written agreement or was assigned a bonus control number to authorize a bonus.

5.  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.

6.  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)                                         AR20120006334



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ABCMR Record of Proceedings (cont)                                         AR20120006334



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