IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130007044 


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 approval of an exception to policy (ETP) to assign a manual bonus control number (BCN) to the Officer Accession Bonus (OAB) contract he signed on 5 May 2007.

2.  The applicant states he was commissioned in 2007 and he signed a written agreement stating he would receive an OAB of $10,000.00 upon completion of flight school.  A BCN was not issued at that time and he was not aware that he needed one.  He completed flight school in February 2010 and returned to his home state where he was immediately placed on active duty orders to start preparing for an upcoming deployment.  He deployed in 2011 and lacked the time and resources to focus on personal matters.  After realizing that his peers had received their bonuses ahead of him, he gathered the appropriate paperwork to submit.  He feels he has done everything he can and should be reconsidered to receive the bonus he contracted for.

3.  The applicant provides:

* Written Agreement – OAB Addendum
* memorandum from Recruiting and Retention Command, Joint Force Headquarters, Virginia Army National Guard (VAARNG), dated 1 May 2007
* DA Form 71 (Oath of Office – Military Personnel) for appointment in the U.S. Army Reserve, dated 5 May 2007
* National Guard Bureau (NGB) 337 (Oaths of Office) for appointment in the VAARNG, dated 5 May 2007
* VAARNG Orders 086-366, dated 26 March 2008
* DA Form 1059 (Service School Academic Evaluation Report), dated 17 February 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 February 2011
* memorandum from the VAARNG, dated 24 March 2011
* memorandum from NGB, dated 5 May 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.  He previously completed 2 years, 10 months, and 5 days of service in the VAARNG in an enlisted status.  On 5 May 2007, he was appointed a second lieutenant in the VAARNG and he signed a Written Agreement – OAB Addendum.

	a.  He agreed to accept an appointment as an officer to serve the Selected Reserve in a critical officer skill that was designated for bonus entitlement by the Secretary of the Army.

	b.  He agreed to accomplish the necessary training prescribed to achieve the designated skill with 36 months of appointment.

	c.  He agreed to serve in the Selected Reserve for 6 years.

	d.  He was to receive a bonus of $10,000.00 paid in one lump sum upon his successful completion of the officer basic course within 36 months of his date of appointment.

3.  VAARNG Orders 086-366, dated 26 March 2008, ordered him to active duty for training to attend the Basic Officer Leadership Course (BOLC) and Initial Entry Rotary Wing (IERW) Course.

4.  He satisfactorily completed the IERW/UH-60 Track (which includes BOLC) on 17 February 2010.

5.  On 24 March 2011, the VAARNG requested an exception to policy for assignment of a BCN.

	a.  The applicant had signed an OAB contract on the date of his oaths of office.  However, a BCN was not requested in the Information Management and Reporting Center (IMARC) system at the time the contract was finalized due to an administrative oversight by the VAARNG Officer Strength Force Team.

	b.  The Officer Strength Force Team was not aware of this requirement during the time he executed his oaths.  The Soldier was unaware that his BCN was not requested through the IMARC system properly.

6.  On 5 May 2011, NGB denied VAARNG's request for an ETP for an OAB manual control number (MCN) entry in the IMARC system.  NGB stated requests for MCN's were to be submitted by the deadline of 30 September 2010.  The request for the applicant was received on 31 March 2011.  NGB advised that the applicant could file a claim with the ABCMR if there was a belief that an error or injustice existed.

7.  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 under paragraph (2) for a period specified in the agreement.  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.  Paragraph (2)(b) states a skill may be designated for an Armed Force under subparagraph (a) if, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to an OAB in the amount of $10,000.00 was carefully considered and found to have merit.

2.  He accepted his appointment in the VAARNG for a period of 6 years and signed his Written Agreement – OAB Addendum in good faith.

3.  He should not be penalized for the administrative errors committed by his unit and the State Incentive Office.  Had his paperwork been submitted in a timely manner, his BCN would have been assigned.

4.  Therefore, it would be equitable to approve his ETP, assign a valid BCN, and pay the applicant the OAB in accordance with his Written Agreement – OAB Addendum.

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 by:

* showing an ETP was approved and assigning him a valid BCN for an OAB in the amount of $10,000.00
* showing he is eligible for payment of the bonus in accordance with the terms of his Written Agreement – OAB Addendum
* paying him the bonus as specified in his Written Agreement – OAB Addendum from 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)                                         AR20130007044



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ABCMR Record of Proceedings (cont)                                         AR20130007044



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