BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012966 


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 reinstatement of her Officer Accession Bonus (OAB) in the amount of $10,000.

2.  She states she met all the criteria to receive the $10,000 OAB, but she never received the bonus.  The bonus should have been received after successful completion of the Officer Basic Course (OBC).

3.  She provides:

* DD Form 827 (Application for Arrears in Pay)
* U.S. Army Reserve (USAR) Form 23-R (Selected Reserve Incentive Adjustment Certification Worksheet)
* Written Agreement Officer Accession Bonus Acknowledgement
* DA Form 1059 (Service School Academic Evaluation Report) 
* Appointment memorandum
* Reassignment orders
* DA Form 61 (Application for Appointment)
* DA Form 2B (Personnel Qualification Record - Commissioned Officer)
* Memorandum from the Principal Deputy, Office of the Under Secretary of Defense with attachments



CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Active Guard Reserve (AGR) in the rank of captain.

2.  Following a period of enlisted service, the applicant was appointed as a Reserve commissioned officer on 26 July 2007 in the rank of second lieutenant.  Her appointment memorandum shows her primary specialty skill identifier as 70B (Health Services Administration).

3.  In connection with her appointment, she signed a Written Agreement – OAB Acknowledgement wherein she agreed, in part: (1)  to accept an appointment as an officer in the armed forces to serve in the Selected Reserve (SELRES) in a critical officer skill that was designated for bonus entitlement by the Secretary of the Army and (2)  she was not accepting an appointment as an officer serving in the SELRES for the purpose of qualifying for a military technician position where membership in a Reserve component is a condition of employment (a onetime temporary assignment as a military technician is excluded) or an AGR position.  

4.  The agreement shows she would be paid a bonus of $10,000 in one lump sum upon successful completion of OBC/Warrant OBC.  She acknowledged she understood that recoupment or entitlement to a portion of the bonus amount would be calculated in accordance with paragraph 5 of the agreement if she accepted a military technician position where membership in a Reserve Component is a condition of employment, (a one time temporary assignment as a military technician for 6 months or less is excluded) or an AGR position.  

5.  The OAB Agreement does not include the dates of the signatures of the Service Representative, Service Member, or Witnessing Officer.  The agreement also does not include a bonus control number.

6.  She completed the Army Medical Department (AMEDD) Officer Basic Leaders Course (OBLC) on 14 December 2007.

7.  Orders published by the U.S. Army Human Resources Command, St. Louis, MO, dated 17 January 2008, ordered her to active duty in an AGR position at the 312th Medical Company, Seagoville, TX with a reporting date of 25 February 2008.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1 who stated:

	a.  A review of the USAR SELRES OAB in effect when the applicant made application on 9 January 2007 indicates her AOC of 70B was eligible for the bonus.  

	b.  One of the Headquarters Department of the Army eligibility criteria for the bonus is that the officer is not accepting an appointment for the purpose of assignment to an AGR position.  Paragraph 4 of the agreement states the officer understands the bonus will be terminated if he or she accepts an AGR position.

	c.  The Army Human Resources Command Soldier Management System records indicate the applicant made application for the AGR program on 
6 September 2007 and AGR orders were published on 17 January 2008 ordering her to active duty effective 25 February 2008.  The applicant's eligibility for the bonus only extended from her commissioning date of 26 July 2007 through 24 February 2008 since she entered the AGR program on 25 February 2008.

	d.  The bonus agreement submitted to the board appears to be void as it is undated by all signatories.  This office recommends the board have a qualified legal advisor provide an opinion addressing this matter.

	e.  If a determination is made that the bonus agreement is legally sufficient, the Army G-1 recommends approval of the applicant's application for the SELRES OAB from the period 26 July 2007 through 24 February 2008.

9.  On 10 October 2012, the applicant submitted a response to the advisory opinion.  She provided her DA Form 1059, memorandum of appointment, active duty orders, and memorandum from the Office of the Under Secretary of Defense.  She stated:

	a.  Based on the memorandum released by the Office of the Under Secretary of Defense on 21 May 2008, she believes she should be entitled to the full amount of the bonus in the amount of $10,000.

	b.  Prior to submitting an application for commission as a 70B, she had obtained the rank of staff sergeant and was in the AGR program.  At the time of her commission, she had 15 years in the military and almost 5 years in the AGR program as an enlisted member.  She served her remaining years as a Reservist.  During her commissioning application process, her AMEDD recruiter explained to her that she would have to terminate her AGR status if she was to be selected.  In her quest to find alternate employment, she submitted another application for the AGR program as a 70B on 6 September 2007.

	c.  She learned of the 70B OAB during OBLC and she applied for the bonus through the Unit Administrator at the 325th Medical Detachment.  At that time, she was fully eligible for the bonus and payment should have been disbursed.  She understood that had the bonus been given to her, the funds would have been subjected to recoupment due to her subsequent AGR status.  However, payment was not dispersed through no fault of her own.

	d.  On 21 May 2008, a memorandum titled "Repayment of Unearned Portions of Bonus, Special Pay and Educational Benefits or Stipends" was released.  Page 2, paragraph 3 of this memorandum states, "Subject to the enlistment authorities under Titles 10 and 37, U.S.C., and the relevant regulations of the Secretary concerned, a member paid a bonus or special pay for a period of enlistment in a Military Department, who is discharged for immediate reenlistment or appointment in a Military Department for which no bonus or special pay is paid, may be considered to have completed the full term of service specified in the former enlistment contract, provided the term of the latter reenlistment or appointment includes the remaining period of service from the former enlistment." 

10.  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 SELRES of the Ready Reserve in a skill designated for a period specified in the agreement.

11.  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 payment of the OAB in the amount of $10,000 was carefully considered.

2.  She signed a Written Agreement for an OAB at the time of her appointment in the Reserve on 26 July 2007 in the amount of $10,000.  

3.  The Service Representative, the applicant, and the Witnessing Official signed the Written Agreement for the OAB in the amount of $10,000, but they failed to date the OAB agreement.  There is no bonus control number.  

4.  The evidence of record shows the applicant completed the AMEDD OBLC on 14 December 2007.  One month later, HRC published orders assigning her to an AGR position.  She acknowledges that she had applied for the AGR program on 7 September 2007, about 6 weeks after she was appointed.

5.  The applicant accepted an AGR position which disqualified her for the OAB per the plain terms of the Written Agreement.  Therefore, there is no basis for paying her the OAB in the amount of $10,000. 

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)                                         AR20120012966



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ABCMR Record of Proceedings (cont)                                         AR20120012966



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