IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20130004866 


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 replacement of an Officer Accession Bonus (OAB) Addendum which entitled him to $10,000.00. 

2.  He states when he joined the Army National Guard (ARNG), he recalls signing a document that authorized him a $10,000.00 sign-on bonus, but he did not keep a copy of the document.  He offers he recently received a request from the California ARNG (CAARNG) for a copy of the addendum and he needs this so he can avoid the repayment of the OAB.

3.  He provides the following:

* Memorandum, subject:  Request for Documentation Supporting Your Incentive(s), dated 19 February 2013
* Honorable Discharge Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders C-09-726491, dated 6 September 2007
* Memorandum, subject:  Letter of Acceptance, dated 10 July 2007
* ARNG Current Annual Statement, dated 1 December 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is currently serving in the CAARNG in the rank of major (MAJ)/O4.

3.  After serving 4 years in the Regular Army, on 15 August 2007, the applicant was appointed as a captain in the CAARNG in Area of Concentration (AOC) 14B (Air Defense Artillery).  Orders were issued extending him temporary Federal Recognition.

4.  His contract or OAB Addendum is not contained in his available records.

5.  On 10 July 2007, the applicant was accepted for an O4 position as the Air Defense Artillery Coordinator, Headquarters and Headquarters Company, 40th Infantry Brigade Combat Team, San Diego, CA.

6.  In a memorandum, subject:  Request for Documentation Supporting Your Incentive(s), dated 19 February 2013, the CAARNG informed the applicant that an audit of his bonus was conducted and a discrepancy was noted.  The agency indicated a recoupment of the OAB amount of $10,000.00 would be made due to no contract. 

7.  During the processing of his case, an advisory opinion was obtained.  On 
10 April 2013, the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy G-1, recommended the applicant be granted relief.  He further recommended a memorandum be placed in his official military personnel file (currently known as the Army Military Human Resource Record (AMHRR)) stating he was entitled to receive the Officer Affiliation Bonus at the time of his accepting a commission into the CAARNG.  The agency stated multiple errors existed during the time he was commissioned in the CAARNG, but were no fault of the applicant's.  The opinion stated the following:

* the applicant accepted a commission in the CAARNG on 15 August 2007
* the CAARNG requested and was approved for a bonus control number (BCN) for him to receive an OAB in AOC 14B in the amount of $10,000.00
* he was paid in full for the bonus
* he recalls signing the bonus, but no copy is contained in his AMHRR
* the applicant was already a commissioned officer; therefore, he was not entitled to an OAB but rather an Officer Affiliation Bonus
* the bonus addendum was not included in his AMHRR
* the BCN processed and approved by the National Guard Bureau (NGB) does not replace the missing addendum, but serves as proof that both NGB and CAARNG agreed the applicant should receive the bonus
* his AOC was a critical skill and authorized a bonus, but CAARNG placed him in an overstrength position 

8.  A copy of the advisory opinion was forwarded to the applicant and on 23 April 2013, he concurred with the advisory opinion.

9.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), chapter 4, paragraph 4-5, states, "Affiliation Bonus contracts are not valid without a bonus control number.  Control bonus (Bonus control numbers) will be issued from the State Incentive Management Office and reported to the NGB.  The State Incentive Manager will verify the bonus addendum form for control number, correct Military Service Obligation computation and a valid unit position."

10.  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.  

	a.  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.  

	b.  Paragraph (2)(b) states a skill may be designated for an Armed Force to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that armed force who are qualified in that skill or are to be trained in that skill.  Paragraph (b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

11.  Title 37, U.S. Code, section 308j, provides the legal authority to provide an affiliation bonus to officers in the Selected Reserve.  It states the Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretary’s jurisdiction in a critical officer skill.  It further states that upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed.  The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

12.  Paragraph 14o of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states in order to be eligible for receipt of either of two OABs (officer accession bonus or officer affiliation bonus), applicants must sign their bonus addenda on the date that they accept their appointment/commission and meet the following eligibility requirements:

* agree to serve as an officer for a period of not less than 6 years on active drilling status and meet all the required eligibility
* agree to serve in a critical skill Area of Concentration as defined by the ARNG
* not accept an appointment as an officer or warrant officer for the purpose of qualifying for employment in a Military Technician or Active Guard Reserve position
* not be in receipt 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
* Senior Health Care Professionals in Critically Short Wartime Specialties

13.  Paragraph 14p of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states the ARNG offers a $10,000.00 OAB to newly- commissioned officers and newly-appointed warrant officers who agree to serve six years in an MTOE unit in a valid AOC.  The MTOE OAB will be paid in two 50 percent installments.  The first 50 percent installment ($5,000.00) will be paid upon successful completion of OBC or WOBC as applicable, and the second and final installment of 50 percent will be processed for payment on the third anniversary of commission or appointment.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests replacement of an OAB Addendum which entitled him to $10,000.00.  Records show that on 15 August 2007, the applicant was commissioned as a captain in the CAARNG.  Because the applicant was already a commissioned officer at the time he transitioned into the CAARNG, he was not entitled to the OAB but rather, he was entitled to receive the Officer Affiliation Bonus.  As such, he is not entitled to the requested relief.

2.  However, the NGB, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy G-1, verified that both the NGB and the CAARNG agreed the applicant should have received an officer affiliation bonus at the time of commissioning.  Additionally, the agency verified that his AOC was a critical skill and was authorized this bonus at the time.

3.  Therefore, in the interest of equity and justice, it would be appropriate to correct his records to show an officer affiliation bonus addendum was included in his contract, he met all of the requirements, and he is entitled to payment of the $10,000.00 officer affiliation bonus. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing an Officer Affiliation Bonus Addendum was properly prepared, signed, and placed in his AMHRR authorizing him a lump sum payment of $10,000.00 on the date he was commissioned in the CAARNG.




2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to replacement of the OAB Addendum. 



      _______ _   __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)                                         AR20130004866





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