BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004275
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 the accession bonus that was included in his contract.
2. The applicant states that while he was going through the accession process with the Florida Army National Guard (FLARNG) he was told he would receive a $10,000 bonus when he completed Chaplain Initial Military Training and the Basic Officer's Leadership Course (BOLC). His battalion has tried to help him but there seems to always be some new requirement.
3. The applicant provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. On 8 October 2010, the applicant signed a Written Agreement Officer/Warrant Officer Accession Bonus agreeing to serve in Area of Concentration (AOC) 56A in the ARNG. After being accessed into the ARNG he was to receive a $10,000 bonus in two equal installments. The first installment was to be paid after completing BOLC. The second installment to be processed on the third anniversary of his oath of office. The applicant, a Service representative, and a witnessing officer signed the agreement, but no bonus control number was entered.
2. The applicant was appointed an ARNG 1st Lieutenant (Chaplain) He was granted Federal recognition and took the oath of office on 8 October 2010.
3. A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Chaplain (AOC 56A) BOLC on 19 August 2011.
4. He was promoted to captain in March 2012, has been a regular participant, and passed his Army Physical Fitness Tests including the latest on 13 March 2013 (this is the latest participation documented in the Interactive Personnel Electronic Records Management System (iPERMS)).
5. An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1. The Chief, Officer Division, opined that the applicant was qualified for a bonus when he was commissioned. His AOC (56A) was on the list of those eligible to receive a bonus. Liaison with the National Guard Bureau had disclosed that the applicant's bonus agreement had been processed on an obsolete form. This may be the reason this action was not finalized. The advisory opinion also noted that the agreement had been countersigned by the appropriate FLARNG officials and recommended that the bonus be paid.
6. A copy of the advisory opinion was provided to the applicant for his comment. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant signed the bonus agreement and it was appropriately countersigned. He met the qualification for receipt of the first installment when he completed BOLC.
2. The absence of a bonus control number is unexplained. In accordance with the advisory opinion, the FLARNG should not let this factor, in and of itself, preclude authorizing payment of the first installment.
3. If the applicant in an active participatory status as of his third anniversary the second installment should be paid.
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 Department of the Army and State ARNG records of the individual concerned be corrected by:
a. showing his OAB agreement was properly and timely prepared by all officials; and
b. paying him, out of ARNG funds, the OAB as a result of the above correction if otherwise eligible.
_______ _ 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) AR20130004275
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