IN THE CASE OF:	  

		BOARD DATE:  23 July 2013

		DOCKET NUMBER:  AR20120021067 


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 an Officer Accession Bonus (OAB) in the amount of $10,000.00.
 
2.  The applicant states:

	a.  He was commissioned as a chaplain candidate in the Indiana Army National Guard (INARNG) in the rank of second lieutenant on 17 December 2008.

	b.  In accordance with ARNG Selected Reserve Incentive Program Guidance 07-06 effective 10 August 2007 to 28 February 2009, he entered into a bonus agreement in critical area of concentration (AOC) 56A (Chaplain).  When he completed his education and tenure requirements, he went through his unit to obtain his $10,000.00 bonus.  At that time he was told no agreement was filed nor was a bonus control number (BCN) ever requested.  He submitted a request for an exception to policy (ETP) to the National Guard Bureau (NGB), which was denied.  Included with his ETP request was a signed statement from the officer in charge (OIC) (a captain) who accepted his bonus agreement when he was commissioned.

	c.  The OIC's letter states she has a record of receiving his signed OAB addendum.  Her practice was to sign it, have it witnessed, and then walk it down to the State Incentive Manager who would obtain a BCN and submit it to the interactive Personnel Electronic Records Management System (iPERMS).

	d.  NGB denied his request because the State Incentive Manager chose not to do his job.

	e.  He did everything he was asked to do.

3.  The applicant provides:

* email correspondence
* Written Agreement – OAB Addendum
* DA Form 1059 (Service School Academic Evaluation Report)
* memorandum from the Battalion Chaplain, dated 18 May 2012
* memorandum from the INARNG Specialty Branch Recruiter, dated 19 May 2012
* memorandum from the NGB ARNG Deputy G-1, dated 27 August 2012
* memorandum from the INARNG Education Services Officer, dated 12 September 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the INARNG on 17 December 2008.

2.  In connection with his appointment, he signed a Written Agreement – OAB Addendum in which he agreed to serve in the ARNG under the Selected Reserve Incentive Program (SRIP) for a period of 6 years.  The addendum shows he would receive a bonus of $10,000.00 paid in two 50-percent installments.  The first installment is payable upon successful completion of an officer basic course (OBC)/warrant officer basic course and the second and final installment is payable on the third-year anniversary of his commission/appointment date.  This addendum is dated 17 December 2008; however, the service representative and witnessing officer did not sign or date it and there is no BCN.

3.  He completed the Chaplain Basic Officer Leader Course on 8 April 2011.

4.  On 18 May 2012, he submitted a request for an ETP to retain the OAB.  The memorandum states:

* he was commissioned in the INARNG as a chaplain candidate on 17 December 2008
* he accessed into a modified table of organization and equipment unit that was not identified as having an NGB critical unit identification code and therefore agreed to receive a bonus of $10,000.00 paid in two 50-percent installments
* the first installment was payable upon successful completion of OBC – which he completed
* the second installment was payable on the third anniversary of his commission which was 17 December 2011
* when he contacted the unit for payment of his bonus, he was informed that the OAB Addendum was never entered in iPERMS or assigned a BCN
* the OAB Addendum was received by the OIC on 9 January 2009
* the OIC provided a memorandum regarding the situation

5.  The OIC's memorandum, dated 19 May 2012, states:

* she has a record of receiving the applicant's OAB Addendum on 2 June 2009 via email
* at the time he signed the bonus addendum she was newly assigned to an officer procurement position
* the loss of the applicant's original bonus addendum was at no fault of the applicant's
* he should be granted an ETP and paid his original bonus amount based on good faith completion of the requirements to receive the bonus

6.  He was promoted to captain effective 20 July 2012.

7.  On 27 August 2012, NGB disapproved the request for an ETP because the service representative and witnessing officer failed to sign and date the OAB Addendum and the BCN was never requested.

	a.  NGB directed the State Incentive Manager to terminate the incentive with recoupment.

	b.  In accordance with ARNG SRIP Guidance 07-06 effective 10 August 2007 to 28 February 2009, eligible applicants were offered the OAB.

	c.  The applicant was commissioned in the INARNG on 17 December 2008 for the OAB in critical AOC 56A.  Although he signed the bonus agreement on the date of commission, the service representative and witnessing officer failed to sign and date it.  In addition, the BCN was never requested.

8.  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.
9.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with BCN's 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 BCN's, accuracy of the 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 an OAB in the amount of $10,000.00 per his Written Agreement – OAB Addendum was carefully considered and determined to have merit.

2.  He was appointed as a second lieutenant in the INARNG on 17 December 2008 and his Written Agreement – OAB Addendum indicated he would be paid a $10,000.00 bonus in two 50-percent installments.  His first installment would be payable upon successful completion of OBC.  He completed the Chaplain Basic Officer Leader Course on 8 April 2011.  His second installment would be payable on the third anniversary of his commission/appointment which was 18 December 2011.

3.  Although an ETP was requested, the applicant's OAB was subsequently denied by NGB due to a clerical error in that the bonus addendum was not signed and dated by the service representative and witnessing officer and the BCN was never requested.

4.  By law, the Secretary concerned may authorize an affiliation/accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the Selected Reserve in a critical specialty.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

5.  The evidence shows the applicant fulfilled the requirements of his Written Agreement – OAB Addendum and did absolutely nothing wrong.

6.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct the applicant's records by showing he signed his Written Agreement – OAB Addendum on 18 December 2008 and showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum.

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 Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing he and all officials properly signed the Written Agreement – OAB Addendum on 18 December 2008 and he was issued a manual BCN;

	b.  showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum, dated 18 December 2008; and

	c.  paying him the $10,000.00 bonus out of ARNG funds as a result of the above corrections.



      _______ _  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)                                         AR20120021067



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ABCMR Record of Proceedings (cont)                                         AR20120021067



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