IN THE CASE OF:	

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001154 


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, in effect, payment of his Officer Accession Bonus (OAB).    

2.  The applicant states he was commissioned as a warrant officer (WO) of the Florida Army National Guard (FLARNG) on 4 May 2010 and he was told that he would be getting an accession bonus after completing the warrant Officer Basic Course (WOBC) for his military occupational specialty (MOS).  He completed WOBC on 30 September 2011 and submitted his bonus packet to his state.  After several months of runaround, he was told that he would not get the bonus.  After contacting many people, he finally decided to go to the Inspector General (IG) for this issue.  It was forwarded to the state IG and they said that it had never been assigned a Bonus Control Number (BCN) and they would get this rectified.  Two months have passed and now they are saying that he does not have a bonus contract.  He sent them the bonus contract on four different occasions and they are suggesting that he contact this Board regarding this issue.  The bonus is for $10,000.00 and he did everything according to the regulations concerning this bonus.  He needs to have this rectified.  He thinks the State of Florida is trying to avoid payment of the bonus based on funds, not based on policy. 

3.  The applicant provides:

* Written Agreement - Officer/Warrant Officer Accession Bonus Addendum
* Certificate/Diploma of completion of WOBC


CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant entered active duty on 24 March 2010 and completed Warrant Officer Candidate School.  He was discharged on 3 May 2010 to accept appointment as a warrant officer. 

2.  He was appointed as a Reserve warrant officer of the FLARNG and executed an oath of office on 4 May 2010.  

3.  His records contain and he provides a Written Agreement - OAB Addendum, dated 4 May 2010.  This form shows it was executed in connection with his appointment as an officer in the ARNG, wherein he agreed to serve in the Selected Reserve (SELRES) for a critical officer skill/area of concentration (AOC) 120A (Construction Engineering Technician) that is designated for bonus entitlement by the Secretary of the Army.  He agreed to:

* serve for 6 years in the SELRES
* receive a $10,000.00 critical skill bonus to be paid in two installments,
50 percent of which was to be paid upon completion of the Basic Officer Leaders Course (BOLC) and the other 50 percent to be paid on the third year anniversary

4.  The applicant signed the addendum on 4 May 2010, and a service representative and a witnessing officer authenticated this form with their signatures on the same date.  However, the addendum does not reflect a BCN.

5.  He completed the Reserve Component WOBC at the U.S. Army Engineer School, Fort Leonard Wood, MO, on 30 September 2011. 

6.  He entered active duty on 17 July 2012 and subsequently served in Afghanistan from 9 August 2012 to 31 December 2012.  He was honorably released from active duty on 26 January 2013.

7.  An advisory opinion was obtained on 21 March 2013 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  The advisory official stated: 

	a.  In order to be eligible for the SELRES OAB as a warrant officer an individual in the ARNG must meet the Headquarters, Department of the Army (HQDA) eligibility criteria published in All Army Activities Message 017/2005, dated 26 January 2005, subject:  Temporary Policy Message Providing Implementation Guidance for use of New Selected Reserve Officer Accession and Affiliation Bonuses by the Assistant Secretary of the Army for Manpower and Reserve Affairs as a Result of Ronald W. Reagan National Defense Authorization Act Fiscal Year 2005, and 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.  In addition to meeting the HQDA and ARNG SRIP criteria, the individual must sign an agreement to accept an appointment in a critically short MOS listed in the ARNG SRIP in effect on the agreement date.

	b.  A review of the ARNG SRIP in effect when the applicant was appointed on 4 June 2010 indicates his MOS (210A; converted to 120A effective 1 October 2010) was eligible for the bonus.  However, a BCN was not requested for the bonus at that time nor has one been placed on the agreement.

	c.  This office contacted the National Guard Bureau (NGB) and was informed the FLARNG Incentive Manager initiated a manual BCN request in the Information Management and Reporting Center (iMARC) system for the applicant on 8 March 2013.  The request was based upon his complaint to the FLARNG IG (referenced in his application) and the findings of the IG inquiry in the matter.  In following up, this office also contacted the FLARNG Incentive Manager and was provided a copy of the applicant's sworn statement regarding the OAB.  It should be noted that the service representative who presented the OAB agreement to the applicant (Sergeant (SGT) Bxxxxxd Fxxxxxxxrk) also witnessed and signed the applicant's sworn statement.  According to the FLARNG Incentive Manager, SGT Fxxxxxxxrk is the authorized and responsible official for administering bonuses and incentives in the applicant's unit.  Therefore, notwithstanding the lack of a BCN, it appears the applicant was properly offered the bonus as an eligible individual, and the Army G-1 recommends approval of his application for payment of the SELRES Officer Accession Bonus.

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

9.  ARNG SRIP Guidance 06-05 (3 February 2005 to 25 May 2006), 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 OAB will be paid in lump-sum payment upon successful completion of the 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 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 executed a written agreement in connection with his appointment in the FLARNG on 4 May 2010.  An OAB was provided for the MOS he elected (120A) at the time he was appointed.  He agreed to serve 6 years in the Selected Reserve in exchange of a $10,000 OAB.  The agreement was signed by him, a witnessing official, and a service representative. 

2.  For unknown reasons, the state incentive manager did not obtain the BCN nor process the applicant's written agreement for payment of his bonus.  

3.  It wasn't until after the applicant deployed and contacted the theater IG who referred the case to the State IG that any action was taken.  A BCN was ultimately manually entered into iMARCS.  But for unknown reasons, the applicant has yet to receive his bonus.  

4.  It is evident that several errors were committed in the processing of his OAB.  He should not be penalized for errors committed by the FLARNG, the State Incentives Manager, or NGB.  He executed the written agreement in good faith, he completed the WOBC, and only the errors of others denied him the payment of his hard-earned bonus.

5.  The applicant met all of the requirements he agreed to in his Written Agreement – OAB Addendum and therefore he should be entitled to receive payment of the bonus.








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 to show:

* the 4 May 2010 Written Agreement – OAB Addendum, was properly prepared with a BCN
* the applicant was appointed in a critical skill upon his appointment in the FLARNG for an OAB in the amount of $10,000.00
* the applicant is eligible for payment of the bonus in accordance with the Written Agreement - OAB Addendum and should be paid that bonus, out of ARNG funds



      _______ _   _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)                                         AR20130001154





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ABCMR Record of Proceedings (cont)                                         AR20130001154



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