IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20120020880 


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 to be paid an Officer Accession Bonus of $10,000.00 in accordance with Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance 10-01.

2.  He states the ARNG recruiter failed to provide a bonus addendum during the recruitment process and subsequently caused the bonus payment/issuance to be null and void.  Additionally, the Reserve Component Career Counselor (RCCC) failed to properly process all paperwork for bonus eligibility in March 2011, when his transition procedures from the Regular Army (RA) to the ARNG were initiated.
Upon request for issuance of a manual bonus control number (BCN) from the National Guard Bureau (NGB), the packet submitted for review failed to include the recruiter's DA Form 2823 (Sworn Statement) wherein he voluntarily admitted a negligent procedural error resulted in the applicant's loss of bonus eligibility.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Written Agreement Officer Affiliation Bonus Addendum
* SRIP Guidance 10-01
* two DA Forms 2823
* request for an exception to policy to receive the bonus and subsequent denial
* email correspondence


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR), second lieutenant, in area of concentration (AOC) 56A (Chaplain), on 5 February 2001.  He served in a variety of assignments and was ultimately promoted to the rank of captain (CPT) on 29 January 2007.  He requested and was granted a conditional release from the USAR in order to transfer to the RA.  As a result, he was ordered to active duty on 16 July 2007.

2.  He provides email correspondence exchanged between him, an officer recruiter/strength manager for the Alabama ARNG (ALARNG), and the RCCC for the 1st Battalion, 1st Special Forces Group (Airborne) between 18 October 2010 and 24 March 2011.  The topic of these emails was his pending transfer to the ALARNG following his discharge from the RA.  On 22 March 2011, he inquired about his eligibility for a bonus and asked if receiving the bonus would obligate him to serve a longer period of time.  On the same day, the officer recruiter/strength manager informed him a position was available for him as a chaplain in the 20th Special Forces Group (SFG) (Paragraph number/Line number (Para/Lin) 111/01) and that they offered a $10,000 bonus in return for a 3-year commitment.  The vacancy control number (VCN) for this assignment was 6311272.

3.  Orders 082-0001, Headquarters, U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Japan, dated 23 March 2011, show he was reassigned to the U.S. Army Transition Point for transition processing with a discharge date of 1 July 2011.  These orders also show that following his discharge from the RA, he was projected to be assigned to the ALARNG with further assignment to the 20th SFG, Para/Lin 111/01, based upon VCN 6311272.

4.  DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 5 May 2011, was prepared in conjunction with the applicant's enlistment in the ALARNG, 20th SFG, Para/Lin 111/01, based upon VCN 6311272.

5.  His DD Form 214 shows he was honorably discharged from the RA in the rank/grade of CPT/O-3 due to miscellaneous/general reasons on 1 July 2011 and was to be assigned to the 20th SFG, Para/Lin 111/01, based upon VCN 6311272.

6.  On 2 July 2011, he executed a DA Form 71 (Oath of Office - Military Personnel) and an NGB 337 (Oaths of Office) accepting an appointment in the ALARNG as a Reserve commissioned officer in the rank of CPT.

7.  On 12 July 2011, the applicant sent an email to the aforementioned officer recruiter/strength manager for the ALARNG, wherein he mentioned that an apparent disconnect had occurred during his accession into the ALARNG because he was not in the database.  As a result, the paperwork was resubmitted for processing.

8.  Alabama State Military Department, Joint Force Headquarters (JFHQ) ALARNG, Montgomery, AL, Orders 230-558, dated 18 August 2011, show the applicant was retroactively appointed in the ARNG as a CPT in the Chaplain Corps, effective 2 July 2011.  These orders also show he was assigned to the 20th SFG, Para/Lin 111/01.

9.  Departments of the Army and the Air Force, NGB, Special Orders Number 54 AR, dated 17 February 2012, show the applicant was retroactively extended Federal Recognition for initial appointment in the ARNG in the rank of CPT, effective 2 July 2011.

10.  On 8 June 2012, the Deputy Chief of Staff for Personnel (DCSPER), JFHQ ALARNG, sent a memorandum to the Chief, Guard Strength Education, NGB, requesting an exception to policy on behalf of the applicant.  The DCSPER mentioned that when the applicant transitioned from the RA to the ALARNG a BCN was not requested.  The applicant was told a $10,000 OAB would be available to him, as was evident in an attached statement.  The following documents were forwarded in support of the request:

	a.  On 7 November 2011, the applicant completed a Written Agreement - Officer/Warrant Officer Accession Bonus Addendum wherein he indicated he was being accessed into the ARNG approved critical skill of AOC 56A and shall receive a bonus of $10,000.  This form does not bear a BCN and was not certified by a service representative.

	b.  The applicant rendered a DA Form 2823 on 2 March 2012, wherein he essentially stated that in late October 2010 when his paperwork was approved for transition from the RA, he initiated conversation with representatives of the ALARNG about possible Chaplain positions.  He was informed there was a vacant position in the 20th SFG.  He was also informed there was a $10,000 bonus available to him for incurring a 3-year service obligation; this was confirmed on 25 October 2010.  From that point on, he was reassured in every conversation with reference to the bonus that he would receive the bonus for signing up.  During the entire process, there was never any mention of a requirement for additional paperwork in order to receive the bonus, or having a BCN.  He had made numerous attempts to resolve this matter with his ALARNG recruiter and the State of Alabama and was ultimately referred to the Army Board for Correction of Military Records in order to seek relief in the form of a manually assigned BCN.  He concluded that he believes he should be paid the Critical Skills bonus based on the fact he was eligible, met the criteria, and was clearly promised the bonus would be given to him upon entering the ALARNG.  It was no fault of his own that a BCN was not issued and the proper paperwork completed.

	c.  The RCCC rendered a DA Form 2823 on 2 March 2012, wherein he stated his initial contact with the applicant occurred on 18 October 2010.  They exchanged email on the potential slot with the 20th SFG as a Chaplain.  The 20th SFG point of contact was contacted and the interview for the position was coordinated.  The following slot was secured for the applicant:  20th SFG, Para/Lin 111/01, based upon VCN 6311272.  During this time period, the ALARNG was at a critical level for the Chaplain AOC (56A).  It was relayed to the applicant he would meet the criteria for a critical skill bonus based on his AOC.  This should have been included in his transition contract from active duty along with his BCN.  The next communication he received from the applicant was on 12 July 2011.  During the next month they had to gather several missing items to complete the transition.  He believes the applicant should be paid the critical skills bonus based on the fact he was eligible and met the criteria.  It was no fault of his own the BCN was not issued and the proper paperwork completed.

11.  On 10 July 2012, the Deputy G1, ARNG, NGB, denied the request for an exception to policy to retain the $10,000 OAB offered at the time of the applicant's commissioning on 2 July 2011.  In accordance with ARNG SRIP 
10-01, eligible applicants were offered the OAB.  The applicant was commissioned into the ALARNG on 2 July 2011 for an OAB in critical skill AOC 56A.  The applicant failed to execute a written agreement until 7 November 2011 and the Witnessing Officer and Service Representative failed to sign and date it.  Written agreements are required in accordance with Title 37, U.S. Code, Section 308j and Department of Defense Instruction (DoDI) 1205.21, paragraph 6.2 as a condition of receipt of an incentive.  Therefore, the intent of the Government to offer an incentive cannot be validated.  He directed the State Incentive Manager to terminate the incentive with recoupment and referred the applicant to the ABCMR in order to seek relief.

12.  The iteration of the ARNG SRIP Guidance for FY10, dated 20 January 2010, initially governed ARNG incentives for contracts written between 1 May and 30 September 2010 and was subsequently extended on 28 September 2010 to remain in effect until 31 December 2010.  This guidance lists the eligibility criteria for the $10,000 OAB in paragraph 11.  It states the OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that AOC.  The criteria also stipulates the Soldier must sign the OAB addendum on the date of their appointment or commission

13.  Title 37, U.S. Code, section 308j, provides the legal authority to provide an affiliation bonus to officers in the Selected Reserve.  It states that the Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretary’s jurisdiction in a critical officer skill.  It further states that upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed.  The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid an OAB in the amount of $10,000.00 in conjunction with his enlistment in the ALARNG was carefully considered and shows merit.

2.  All parties concerned acknowledge the applicant was advised by ARNG recruiting representatives prior to his transition from the RA to the ALARNG he would receive the bonus in exchange for a 3-year service obligation.  Under the advisement of the recruiters, the applicant executed an enlistment agreement to serve in a critically-short AOC in a valid position vacancy.

3.  The applicant submitted a request for payment of the bonus which was subsequently denied due to the fact that he did not sign an OAB addendum on the specific date of his appointment/commissioning.

4.  The recruiter and the DCSPER of the ALARNG affirm the applicant's contention and acknowledge this error occurred as a result of administrative oversight on the part of the recruiting staff and was due to no fault of the applicant.  They do not want the applicant to be penalized for an administrative error.

5.  The DCSPER of the ALARNG requested an exception to policy and authorization for retroactive payment of the OAB to the applicant which was subsequently denied by NGB based upon their policy which requires applicants to sign a bonus addendum on the specific date of their appointment or commissioning.

6.  There is no law or HQDA policy that either requires an applicant to sign a bonus addendum on a specific date in order to be eligible for receipt of the bonus or that precludes Reserve Component officers from applying for a SELRES OAB after appointment/commissioning.  The NGB acknowledged these facts, but chose to adhere to the NGB policy requiring applicants to sign a bonus addendum on the date they accept their appointment/commission.

7.  The available evidence shows the applicant fulfilled the requirements of his enlistment agreement, did absolutely nothing wrong, upheld his end of the bargain, and continues to serve in the ALARNG.  Therefore, notwithstanding the recommendations of NGB, it would serve the interest of equity and justice to grant him the OAB in the amount of $10,000 according to the parameters of the ARNG SRIP Guidance for FY10.  Relief should be granted in this case by:

	a.  appropriately amending his Written Agreement - Officer/Warrant Officer Accession Bonus Addendum in accordance with the prescribed policy in effect at the time he executed his oath of office in the ALARNG on 2 July 2011; and

	b.  instructing the Defense Finance and Accounting Service (DFAS) to remit payment to the individual concerned in the amount of $10,000.00, the total amount of the bonus to which he is entitled, in accordance with Title 10, U.S. Code, section 1552, and Title 37, U.S. Code, section 308j.

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 Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing he and all appropriate officials properly executed and signed an OAB Addendum on the date of his appointment/commissioning and is, therefore, fully entitled to payment of the bonus in accordance with the terms of his enlistment contract; and 

	b.  having the Defense Finance and Accounting Service remit payment to the individual concerned in the amount of $10,000.00, the total amount of the bonus, out of ARNG funds, as a result of this correction.



      _______ _  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)                                         AR20120020880



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ABCMR Record of Proceedings (cont)                                         AR20120020880



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