BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130001178
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 correction of his record to entitle him to an Officer Accession Bonus (OAB).
2. The applicant states the OAB Addendum with a valid control number was submitted into his records without the signature of any Massachusetts Army National Guard (MAARNG) officials.
3. The applicant provides in support of his request:
* Officer/Warrant Officer Accession Bonus Addendum, dated 7 August 2010
* His own sworn statement, dated 8 May 2012
* DA Form 1059 (Service School Academic Report), dated 12 October 2011
* National Guard Bureau (NGB) memorandum, dated 10 September 2012
* His Soldier Information Management and Reporting Center (iMARC) record.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the MAARNG on 7 December 2009.
2. Documents in his iPERMS show the following pertinent events:
* 14 January 2010 - MAARNG transferred the applicant between units
* 7 August 2010 - The applicant signed Officer/Warrant OAB Agreement with Bonus Control Number 010080002MA-No service representative or witness signatures
* 19 August 2010 - The applicant took the Oath of Office as a second lieutenant (2LT) in the MAARNG
* 25 August 2010 - Massachusetts State Office of the Adjutant appointed him 2LT in the ARNG
* 21 December 2010 - NGB extended him initial appointment Federal Recognition (FEDREC) as a Transportation Corps 2LT in the MAARNG
* 23 August 2010 - MAARNG discharged the applicant from the ARNG and as a Reserve of the Army effective 18 August 2010
* 3 June 2011 - The applicant took the Oath of Office as a 2LT in the Arkansas ARNG (ARARNG)
* 11 July 2011 - Arkansas State Office of the Adjutant appointed him a 2LT in the ARARNG
* 21 July 2011 - NGB extended him FEDREC as a Transportation Corps 2LT in the ARARNG
3. The applicant submitted in support of his request the following:
a. His personal sworn statement to the effect that the OAB and the Bonus Control Number are actual and valid. He signed the document in front of his Officer Strength Manager and his prior Officer Strength Manager has confirmed that he initiated the bonus paperwork before the applicant completed the accelerated Officer Candidate School in the summer of 2010. He has corresponded with them regarding the bonus and they both agree that the bonus addendum is binding and official.
b. The NGB's 10 September 2012 response to the Arkansas State Incentive Manager's request for an exception to policy explained that request would not be approved because the addendum was not signed by the appropriate government officials.
DISCUSSION AND CONCLUSIONS:
1. The OAB addendum is clearly incomplete in that it is not signed and witnessed by the appropriate government officials.
2. The applicant swore that he corresponded with individuals who know the OAB addendum is valid. Yet, he failed to provide copies of said correspondence from these individuals. He also provided no indication of how they thought this document could have been entered into his record without being properly completed.
3. The requested relief is not appropriate because the applicant does not have a valid contract and he has not provided sufficient substantiation that there was ever any intent on the part of any authorized official to provide him with the 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) AR20130001178
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ABCMR Record of Proceedings (cont) AR20130001178
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