BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130007052 


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, in effect, payment of the second installment of her Officer Accession Bonus (OAB) in the amount of $5,000.00.

2.  The applicant states upon accepting her appointment as a warrant officer she was promised an OAB in the amount of $10,000.00.  She signed an OAB Addendum but it cannot be found.  A review of policy supports an incentive that was authorized at the time she was appointed as a warrant officer.

3.  The applicant states she received the initial payment of $5,000.00 on 1 May 2009.  She was denied the second installment because her bonus control number (BCN) was not requested until 21 April 2009.  Her State submitted a request for an exception to policy (ETP) and the request was denied.  She accepted the OAB in good faith, she has kept all contractual obligations, and any administrative errors made should not be held against her.

4.  The applicant provides:

* six pages of email correspondence between her and the Florida Army National Guard (FLARNG) incentive officials
* a memorandum from the Chief, Case Management Division, Army Review Boards Agency, dated 17 May 2013,
* a five-page Written Agreement -- OAB Addendum, prepared on 1 March 2009
* a two-page Defense Joint Military Pay System Finance Pay System (DJMS) - Reserve Component (RC), Master Military Pay Account (MMPA) printout, dated 22 April 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 24 July 2007, she completed Warrant Officer Candidate School (WOCS) and she was appointed as a warrant officer one (WO1) in the FLARNG.

2.  She successfully completed the Warrant Officer Basic Course (WOBC) at Fort Lee, VA in area of concentration (AOC) 922A (Food Service Technician).  She was promoted to chief warrant officer two (CW2) on 1 August 2008.

3.  She also signed an OAB Addendum prepared on 1 March 2009 wherein she agreed to serve in the Selected Reserve in a critical skill that was designated for bonus entitlement by the Secretary of the Army.  The applicant's OAB Addendum was not signed and dated by a service representative or witnessing officer, and does not contain a BCN.  On 22 April 2009, she was paid the first installment of her OAB.

4.  On 17 July 2012, the Director, Military Personnel, FLARNG, submitted an ETP to the National Guard Bureau (NGB) for the applicant's second OAB payment.  The Director stated the applicant contracted into the FLARNG on
24 July 2007, for the OAB in the critical skill of 922A and received an initial payment of $5,000.00 on 1 May 2009.  The Director indicated the applicant accepted the OAB in good faith and she had fulfilled her obligations under the contract; that withholding the second payment would be contrary to equity and good conscience, and against the best interest of the Army.

5.  On 16 October 2012, the NGB denied the applicant's request to retain her OAB and directed the State Incentive Manager (IM) to terminate the incentive with recoupment.  The official also indicated there was no evidence the applicant executed a written agreement on the date of her appointment and a BCN had not been obtained until 2009.  The official further indicated in accordance with Department of Defense Instructions (DoDI) 1205.21, dated 20 September 1999, Section 6, 6-2, "as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement."

6.  During the processing of this case, on 16 May 2013, an advisory opinion was obtained from Headquarters, Department of the Army (HQDA), Office of the Deputy Chief of Staff (DCS), G-1.
	a.  The advisory official recommended denial of the applicant's request for the second installment payment of the OAB.  The official stated the applicant was eligible for the OAB.  However, the OAB Addendum submitted by the applicant was not valid because it was not properly authenticated by the appropriate service officials and the version of the form was not in use when the applicant was appointed.

	b.  The official further emphasized the FLARNG IM initiated a BCN 21 months after the applicant was appointed.  While the OAB was offered to qualified applicants on or before their appointment date, the first installment may not be paid until after completion of WOBC.  Since the BCN was not created until
21 months after her initial appointment and the OAB Addendum submitted was not valid, it was not reasonable to conclude the applicant was offered the bonus prior to accepting her appointment.

7.  On 17 May 2013, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

8.  On 12 August 2013, in a telephone conversation between the FLARNG IM and a staff member of the Board, the FLARNG IM stated administrative errors were made at the State during the processing of the applicant's OAB.  The IM further stated that due to no fault of her own, the applicant was misinformed and somehow her OAB Addendum was not properly processed.

9.  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 paragraph (2)(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 (2)(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.

10.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, provides that bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State IM will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

11.  NGB SRIP Guidance for Fiscal Year (FY) 2007 (Policy Number 07-06 – that was continued to FY08), dated 10 August 2007, paragraph 14, provides that in order to be eligible for receipt of either of two OAB's, applicants must sign their bonus addenda on the date they accept their appointments/commissions and meet the following eligibility requirements:

	a.  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;

	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 Active Guard Reserve position; and

	d.  not be 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.

12.  NGB SRIP Guidance for FY07 (Policy Number 07-06), dated 10 August 2007, paragraph 14p, also provides that the ARNG offers a $10,000.00 OAB to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a modified table of organization and equipment (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 an officer basic course (WOBC) and the second and final 50 percent installment will 

be processed for payment on the third anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be paid the second installment of her OAB in the amount $5,000.00.  However, the agreement was determined to be invalid because it was not signed on or before she accepted her appointment.  Evidence of record shows she was appointed in the ALARNG on 24 July 2007 for an OAB in critical skill AOC 922A.  The FLARNG IM did not initiate a BCN for the applicant until 21 April 2009 for her first installment of the OAB.  The written agreement she provided with her application did not contain a BCN, signature of a service representative or witnessing officer, or a dates of signature.

2.  She was not paid the second $5,000.00 OAB payment because it appears a Government error was made when Army officials paid her the initial $5,000 OAB. The NGB denied the applicant's request for ETP and directed the State IM terminate the incentive with recoupment.

3.  Considering the evidence in this case, it does not appear the applicant intentionally made an invalid agreement for the OAB.  Notwithstanding the denial by the NGB of the ETP for the second installment of the OAB, recoupment of the $5,000.00 already paid would be against equity and good conscience, and contrary to the best interest of the United States or the Army.  As a result, recoupment of her OAB should be cancelled and any recouped portion of her OAB should be returned to her.

4.  However, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing any recoupment action of the first installment of the OAB was waived by the proper authority as being in the best interest of the Soldier and the Army and reimbursing her any portion of OAB that was recouped.

2.  The Board further determined 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 paying that applicant a second installment of an OAB in the amount of $5,000.00.



	__________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)                                         AR20130007052



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ABCMR Record of Proceedings (cont)                                         AR20130007052



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