IN THE CASE OF:	  

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120007738 


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 the remaining balance of a $10,000 Officer Accession Bonus (OAB) in the Montana Army National Guard (MTARNG).

2.  The applicant states:

	a.  He was commissioned as an officer with the ARNG on 12 May 2007.  He was eligible for the OAB.  According to paragraph 4(a) - (g) of the addendum, he was qualified to receive the $10,000.  His officer basic course (OBC) was completed within 36 months of his commissioning, and even though he had met all of the other requirements placed within that section of addendum, he only received half of the bonus for which he qualified.  

   b.  On 22 December 2011, he submitted a memorandum requesting an exception to policy for the retention of the rest of the bonus.  This request was denied.  The reason given was that the OAB was signed a year after his commissioning and therefore would not take retroactive effect.
   
   c.  After his May 2007 commissioning, he was sent to the Basic Officer Leader Course (BOLC) II and BOLC II around August 2005.  Before leaving for those courses, he was not made aware of the opportunity to receive an OAB or asked if he completed any Federal Recognition paperwork.  Upon completion of the courses in February 2008, after discussing the matter with Chief Pxxxxxx, he was told to sign the paperwork and they would backdate it to the date of his commissioning.  He left the officer fully expecting to receive $10,000.  Instead, he has only received half of the bonus.  He is not eligible for the other $5,000, despite the fact that all requirements of the bonus have been met.

   d.  He was not made aware of the OAB until well after his commissioning.  Additionally, it is command practice with the MTARNG for the Officer Personnel Manager and Incentive Manager (IM) to wait until after completed of OBC to input the Bonus Control Number (BCN) request.  So the fact that those dates reflect 2008 and not his 2007 commissioning date are not due to any error on his part.  He believes withholding the other half of his bonus is unjust.  He signed a contract that entitled him to a $10,000 bonus.  He fulfilled the terms of that contract.  He cannot be held responsible for other individual's oversights.  

3.  The applicant provides copies of his 2007 initial appointment orders and an Exception to Policy memorandum and DA Form 2823 (Sworn Statement).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant listed the name and address of his counsel.  However, counsel did not make a statement or provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he was appointed as a Reserve commissioned officer in the MTARNG, Armor Branch, as a second lieutenant, effective 12 May 2007.  He completed BOLC on 31 January 2008. He was promoted to first lieutenant effective 12 November 2008.

2.  On 26 August 2008, he executed an OAB written agreement wherein he acknowledged that:

* He agreed to complete the necessary training within 36 months of appointment
* He agreed to serve in the Selected Reserve for 6 years
* He would be paid a $10,000 bonus paid in one lump sum upon completion of OBC

3.  The OAB written agreement stated that he was commissioned on 12 May 2007 and completed OBC on 31 January 2008.  The service representative and State IM signed the agreement on 26 and 27 August 2008, respectively.  A BCN was also applied at the time.

4.  Special Orders Number 270 AR issued by the National Guard Bureau (NGB) on 22 October 2008 extended the applicant Federal Recognition and appointment in the MTARNG effective 12 May 2007.

5.  On 22 December 2011, his battalion commander submitted an exception to policy request through the chain of command recommending approval of retention of the OAB.  The battalion commander gave a background of the bonus issue, described the actions taken by his unit, discussed courses of action, and recommended approval of the exception to policy to pay the applicant his OAB.

6.  On 27 January 2012, the Deputy G-1, ARNG, NGB, denied his request for an exception to policy to retain the $10,000 OAB.  The NGB official stated that the applicant was commissioned on 12 May 2007.  The service representative and IM dated the agreement on 26 and 27 August 2008, respectively.  The applicant's OAB agreement signature is dated 12 May 2007; however, in a sworn statement he stated he had actually signed the agreement in July 2008.  Additionally, a BCN was not requested until 27 August 2008.  The OAB is a retroactive agreement and is not valid.

7.  He is currently serving in the MTARNG in an active status and was promoted to captain effective 16 March 2012.

8.  In the processing of this case, on 11 June 2012, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1.  The G-1 official stated:

	a.  In order to be eligible for the Selected Reserve OAB an individual in the ARNG must meet the Headquarters, Department of Army (HQDA), eligibility criteria published in the All Army Activities (ALARACT) Message 017/2005 (enclosed) and the current ARNG Selected Reserve (SELRES) Incentive Program (SRIP) announcement in effect on the date the individual makes application for officer appointment/training.  In addition, the individual must sign an agreement to accept a commission in a critically short officer area of concentration (AOC) listed in the current ARNG SRIP announcement.  The applicant met all eligibility criteria and was qualified for the OAB when he was commissioned.

	b.  While eligible individuals must agree in writing to the terms of the OAB before their commissioning date, the applicant, who was commissioned via the Reserve Officers’ Training Corps (ROTC) on 12 May 2007, alleges he was not offered the OAB or presented the bonus agreement until well after he completed the BOLC on 31 January 2008.  A review of his official military personnel file revealed that although his signature has a type-written acceptance date of 12 May 2007, the service representative and State IM didn't sign the agreement (enclosed) until 26 and 27 August 2008, respectively.  The applicant further alleges he was not presented the application for Federal Recognition (NGB Form 62-E with allied documents) until the same date as the bonus agreement, which he states was sometime in July 2008.

	c.  The HQDA policy proponent for the SELRES OAB contacted the Officer Management Branch of the MTARNG and confirmed that, in fact, the applicant was not properly administered the bonus agreement or his application for Federal recognition.  The responsible personnel officer stated that during the timeframe the applicant was commissioned, officer actions were being improperly processed in batches rather than as individual actions.  

   d.  Additionally, the personnel officer stated that officer candidates and ROTC cadets were advised of their eligibility for the OAB, but were not offered the bonus agreement until after being commissioned.  Therefore, there were significant time-lags in submission of both Federal recognition applicants and bonuses.  The publication date of the applicant's Federal recognition order (22 October 2008) with an effective date of 12 May 2007 (enclosed); the signature dates on the bonus agreement in August 2008; and the statements of the MTARNG Officer Management Branch personnel officer all support the applicant's allegations that there were improper processing and significant delays in both his Federal recognition and application for the OAB.

   e.  Because the applicant was fully qualified for the OAB when commissioned, but was improperly administered the OAB agreement through no fault of his own, the Army G-1 recommends approval of the applicant's application.

9.  On 12 July 2012, he was furnished with a copy of this advisory opinion but he did not respond. 

10.  Title 37, U.S. Code (USC), section 308j (Affiliation bonus for officers in the Selected Reserve) 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 accept an appointment as an officer in the armed forces; and to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.  Sub-paragraph f states a person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of Title 10, USC, or under section 302g of this title, for the same period of service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the MTARNG effective 12 May 2007.  He states that at the time he was not offered the OAB.  He completed BOLC on      31 January 2008 and states this is when he was offered the OAB which he executed on 26 August 2008.  The Officer Management Branch and State IM signed the agreement on 26 and 27 August 2008, respectively, and assigned a BCN.  The applicant also states he then received the first half of the bonus.  

2.  The HQDA policy proponent of the SELRES OAB contacted the MTARNG Officer Management Branch and confirmed the applicant was not properly administered the bonus agreement at the time of his commissioning or his application for Federal Recognition.  It was further confirmed the responsible personnel officer during that timeframe improperly processed in batches rather than as individual actions and officer candidates and ROTC cadets were advised of their eligibility for the OAB, but were not offered the bonus agreement until after being commissioned.  

3.  The applicant was fully qualified for the OAB when commissioned and then was improperly administered the OAB agreement through no fault of his own.  Therefore, he is entitled to payment of the remaining balance of the OAB in the amount of $5,000.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State of Montana Army National Guard records and Department of the Army records of the individual concerned be corrected by:

* showing he qualified for a $10,000 Selected Reserve Officer Accession Bonus at the time of his 12 May 2007 commissioning in the Montana Army National Guard and the OAB agreement was completed properly and in a timely manner 
* showing he is entitled to payment of the second installment in the amount of $5,000 of the bonus for which he signed
* paying him the remaining bonus in the amount of $5,000 out of Amy National Guard funds as specified in his Officer Accession Bonus written agreement



      _______ _   __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)                                         AR20120007738





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ABCMR Record of Proceedings (cont)                                         AR20120007738



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