BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20130003210 


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, as an exception to policy, correction of his records to show he is eligible for payment of an Officer Accession Bonus (OAB) in the amount of $5,000.00 in accordance with the terms of his appointment in the Utah Army National Guard (UTARNG).

2.  The applicant states:

	a.  He first began meeting with a recruiter in the fall of 2008.

	b.  As he researched for himself what benefits were available, he discovered that virtually all of what the recruiter had told him was incorrect.

	c.  He discovered that it appeared he would be eligible for an OAB of $10,000.00.

	d.  As he went through the commissioning process, he was transferred to a recruiter who dealt specifically with his military occupational specialty (MOS), which is 27A (Judge Advocate).

	e.  The recruiter initially told him he was not eligible for the OAB and because his research indicated otherwise, he finally tracked down a lieutenant colonel from the State who oversaw bonuses.

	f.  The lieutenant colonel confirmed that he was eligible and talked with the recruiter to correct the misunderstanding.

	g.  As his time for commissioning neared, the recruiter called him and said he was going to be boarded in either February or March 2009.

	h.  He began to see internet chatter stating that his MOS was going to be taken off the critical area of concentration (AOC) list on 1 March 2009.

	i.  He called his recruiter and asked her to have him boarded in February 2009 so he could commission prior to 1 March 2009.

	j.  The recruiter told him that whether he commissioned in February or March 2009, he would still be eligible for the OAB.

	k.  He had no choice but to rely on his recruiter's assurances that the internet chatter was wrong.

	l.  He was presented with the OAB Agreement for signature on 3 March 2009 and a Federal Recognition Board convened on 5 March 2009.

	m.  On the evening of 5 March 2009, he received a telephone call from his recruiter stating his MOS had been taken off the critical AOC on 1 March 2009 and he was no longer eligible.

	n.  The recruiter questioned his motives for joining the Army and stated he should not have been motivated by the bonus.

	o.  He spoke with a lieutenant colonel who later told him the mistake had been rectified and he would receive the bonus as promised.

	p.  He received half of the OAB without any other problems and assumed that everything had been corrected.

	q.  The second half was due on his 3-year anniversary date (5 March 2012), so he inquired as to what he needed to do.

	r.  He was told that the Army National Guard (ARNG) had lost his bonus agreement and unless he had another copy, he would not receive the bonus.

	s.  When he forwarded a copy of his bonus agreement, he was told he was not eligible because he signed the agreement 1 day early.

	t.  He submitted an exception to policy which was denied because his MOS could not be verified as a critical AOC.

	u.  He was told the mistake would be fixed and he would receive the bonus as promised

	v.  He has kept his agreement in good faith with the ARNG and he requests that they do the same.

3.  The applicant provides:

* Written Agreement Officer/Warrant Officer Accession Bonus Addendum, dated 3 March 2009
* National Guard Bureau (NGB) 337 (Oaths of Office), dated 5 March 2009
* Affidavit in Support of his Statement (Undated)
* Headquarters, 204th Maneuver Enhancement Brigade, Exceptions to Policy Request, dated 30 May 2012
* UTARNG Joint Forces Headquarters, Notification of Exception to Policy Result, dated 10 October 2012
* NGB, Request for Exception to Policy for OAB, dated 27 August 2012

CONSIDERATION OF EVIDENCE:

1.  On 3 March 2009, he signed a Written Agreement OAB and was assigned a Bonus Control Number at that time.  In the agreement he acknowledged that in connection with his appointment as an officer and agreement to serve with the Army National Guard of the United States (ARNGUS) under the Selected Reserve Incentive Program (SRIP) he agreed to meet the eligibility criteria contained therein, which includes to serve in the Selected Reserve in AOC/MOS 27A, which is a critical officer/warrant officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate, in the amount of $10,000.00.

2.  On 5 March 2009, the applicant executed an NGB Form 337 and accepted an appointment in the UTARNG in the rank/grade of second lieutenant (2LT)/O-1.

3.  On 30 May 2012, the applicant submitted an Exception to Policy Request stating:

	a.  For some reason, his recruiter had him sign his bonus agreement 1 day before he signed his oath of office.  

	b.  He was not aware that this was not the appropriate way to do it and was simply following the directions the recruiter gave him.

	c.  He had been paid the first half of his bonus and had not been paid the second half, but his third-year anniversary from his commission was 4 March 2012.

	d.  An exception should be made and the full bonus should be paid pursuant to the agreement that he signed and was accepted.

4.  On 27 August 2012, the NGB notified the UTARNG State Incentive Manager that the applicant's request for an Exception to Policy for the OAB was denied.  The notification states that the State Incentive Manager would terminate the incentive without recoupment.  Cited as a basis for the denial was "Although he dated the written agreement 3 March 2009, AOC 27A could not be validated as a critical AOC at the time of commission.

5.  The applicant was notified of the results of his request for an Exception to Policy by memorandum from the UTARNG State Incentive Manager on 10 October 2012.

6.  The applicant provides an affidavit from the lieutenant colonel whom he contends was actively involved in his recruiting process.  The affidavit supports the contentions made by the applicant regarding what occurred during his commissioning process and what he was told regarding his eligibility to receive an OAB.

7.  Departments of the Army and the Air Force, NGB, Arlington, VA, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-04), paragraph 8q, dated 1 January 2007, states the ARNG offers a $10,000.00 OAB to newly commissioned officers and newly appointed warrant officers who agree to serve in the ARNG and meet the following eligibility requirements:

	a.  Agree to serve for a period of not less than 6 years on active drilling status and meet all the required eligibility.

	b.  Agree to serve in a critical skill AOC as defined by the ARNG.

	c.  Not accept an appointment as an officer or warrant officer for the purpose of qualifying for employment in a Military Technician or AGR position.

	d.  Not receiving and will not receive the following benefits during the period of service for which contracted:  Health Professions Stipend Program, Education Loan Repayment Program, Other Educational Assistance Programs - U.S. Marine Corps Platoon Leaders Class College Tuition Assistance Program, Reserve Officers' Training Corps (ROTC) Financial Assistance Program for Specially Selected Members, ROTC Financial Assistance Program for Specially Selected Members Army Reserve and ARNG, or Senior Health Care Professionals in Critically Short Wartime Specialties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be paid an OAB in the amount of $10,000.00 per his OAB Addendum was carefully considered and determined to have merit.

2.  He was appointed a 2LT in the UTARNG on 5 March 2012 and his Written Agreement OAB Addendum indicated he would be paid a $10,000.00 bonus in two 50 percent installments.  His first installment has already been paid.  His second installment would be payable on the third anniversary of his commission/appointment.  It is safe to presume that the applicant had every intention of fulfilling his part of the OAB agreement and believed that he would, in fact, receive the agreed upon bonus.

3.  The available evidence shows the applicant fulfilled the requirements to receive the bonus.  Therefore, it would serve the interest of equity and justice to correct his records to show he qualified for payment of an OAB in the amount of $5,000.00 (the second installment of his OAB).

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 initially qualified for an Officer Accession Bonus in the amount of $10,000.00 and all paperwork was properly and timely prepared; and 

	b.  having the Defense Finance and Accounting Service remit payment to him in the amount of $5,000.00, the second installment of the bonus, from 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)                                         AR20130003210





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ABCMR Record of Proceedings (cont)                                         AR20130003210



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