IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020259 


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).

2.  The applicant states:

* he was commissioned in the California Army National Guard (CAARNG) from the Reserve Officers' Training Corps (ROTC) Program
* he was told by his recruiter he would receive the bonus  but he was unaware that there was a separate bonus contract he was required to sign
* he found out months later that his recruiter was required to have him sign the contract
* he submitted a request for an exception to policy to the State but this was rejected by the National Guard Bureau (NGB)

3.  The applicant provides:

* State appointment orders
* NGB Federal recognition orders
* Exception to policy request
* FB Form 1059 (Basic Officer Leadership Course II (BOLC II) Evaluation Report)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Email exchange
* Self-authored sworn statement
* DA Form 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve as a cadet on 19 March 2008.  He also executed a Senior ROTC cadet Contract and attended the University of California at Los Angeles.  

2.  He was appointed in the CAARNG and executed an oath of office on 3 April 2009.  He completed the Signal Basic Officer Leader Course at Fort Gordon, GA, from 1 December 2009 to 10 March 2010.  

3.  He was promoted to first lieutenant on 3 October 2010.  He was mobilized on 11 November 2010 and served in Kuwait/Iraq from January to November 2011.  He was released from active duty on 31 December 2011.  He was promoted to captain on 8 March 2013. 

4.  He submitted a memorandum for record on 24 May 2010 wherein he stated he had extenuating circumstances regarding the bonus.  When he was commissioned, his recruiter did not mention anything about a separate contract he had to sign.  He was a new officer and he was not familiar with the process for requesting/receiving the bonus.  If he had known he needed to sign a contract for the bonus he would have done so. 

5.  He submitted a sworn statement, dated 3 March 2013, and indicated he agreed with the conditions that would have appeared on the contract if it had been signed.  In effect, he submits this sworn statement in lieu of an OAB addendum.

6.  An advisory opinion was obtained on 19 February 2013 from the Office of the Deputy Chief of Staff, G-1 in the processing of this case.  A G-1 official recommended disapproval of the applicant's request.  The official stated:

	a.  In order to be eligible for the Selected Reserve (SELRES) OAB as a commissioned officer in the ARNG an individual must meet the Headquarters, Department of the Army (HQDA) eligibility criteria and be appointed in a critically short area of concentration (AOC) listed in the current ARNG Selected Reserve Incentive Program (SRIP) announcement in effect on the date the individual makes application for officer appointment/training or on or before the officer's appointment date.  Additionally, the ARNG SRIP requires the officer to sign the OAB addendum (agreement) on the date of commissioning.  A review of the ARNG SRIP in effect when the applicant was commissioned (3 April 2009) indicates his AOC (25A) was eligible for the bonus.
	b.  The applicant completed the ROTC program and was required by his contract to accept a commission in the U.S. Army Reserve or the ARNG upon completion of ROTC.  However, even though he was eligible for the OAB when commissioned, he was in no way required to sign an OAB addendum.  Therefore, without evidence of a signed OAB addendum it must be concluded a legally binding agreement was never established that he would serve in a critically short AOC in compliance with all OAB requirements, and in return that the Army would pay him a $10,000 bonus.  

	c.  Accordingly, the Army G-1 recommends disapproval of the applicant's application for payment of the SELRES OAB. 

7.  The applicant was provided with a copy of this advisory decision but he did not respond. 

8.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  SRIP Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates provides for Officer Accession/Affiliation Bonus Options.

	a.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical unit identification code (UIC).  Additionally, officers and warrant officers must serve in a critical AOC vacancy within their chosen UIC.  The Critical UIC Officer Accession Bonus will be paid in lump-sum payment upon successful completion of the Officer Basic Course (OBC) or Warrant Officer Basic Course (WOBC) as applicable.

	b.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a modified table of organization and equipment (MTOE) unit.  Additionally, officers and warrant officers must serve in a valid AOC vacancy within their chosen UIC.  The MTOE Officer Accession Bonus will be paid in two 50-percent installments.  The first 50-percent installment ($5,000.00) will be paid upon successful completion of OBC/WOBC, as applicable, and the second 
50-percent installment will be processed for payment on the third-year anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the ARNG in September 2009.  Although an OAB was offered at the time for his specialty, there is no evidence he executed a written agreement regarding this bonus. 

2.  Since SELRES OAB information and the requirement to execute an agreement was available to all recruiters for ARNG members at the time of his appointment, his request should not be approved.  Although he may have complied with the terms of his contract, he was neither offered the bonus nor agreed in writing to the stipulations associated with such bonus. 

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)                                         AR20120020259





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ABCMR Record of Proceedings (cont)                                         AR20120020259



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