IN THE CASE OF:	  

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20130007166 


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 second half of his $10,000.00 Officer Affiliation Bonus (OAB).

2.  He states he is still serving in good standing after 4 years and payment of his OAB was due on 12 April 2012.  He does not believe he should be held liable for an administrative error or oversight by the recruiter when drafting his contract.  The recruiter did not state he needed to date the contract next to his signature.  He received the first half of the bonus.  He submitted a request for an exception to policy (ETP) through the Incentives Branch and the National Guard Bureau (NGB), but it was denied.

3.  He provides:

* printout of his Soldier Information screen from the Information Management and Reporting Center (iMARC)
* Written Agreement – OAB Addendum marked "corrected copy"
* Written Agreement – OAB Addendum
* DA Form 4187 (Personnel Action)
* three DA Forms 2823 (Sworn Statement)
* memorandum, NGB, dated 27 August 2012, subject:  Request for Exception to Policy (ETP) for OAB (Applicant)



CONSIDERATION OF EVIDENCE:

1.  Having prior commissioned service in the Regular Army, the applicant was appointed as a captain/O-3 in the Pennsylvania Army National Guard (PAARNG) Engineer Branch in area of concentration (AOC) 21B (Combat Engineer) on 11 April 2009.

2.  His record contains an undated Written Agreement – OAB Addendum showing that he agreed to serve in the Selected Reserve in AOC 21B for a period of 3 years in order to receive a $10,000.00 bonus in connection with his affiliation with the ARNG.  The document shows he was to receive the bonus in two installments:  the first 50-percent installment to be processed upon in-processing with his ARNG unit or upon completion of AOC training and the second and final 50-percent installment on the third-year anniversary of his affiliation.

3.  The Written Agreement – OAB Addendum bears the signatures of a service representative, the applicant, and a witnessing officer.  The signatures were not dated.  A bonus control number (BCN) was entered on the document.

4.  On the date of his application to this Board, the applicant was serving in an active status in the PAARNG.

5.  He provides:

* a DA Form 4187, signed by him on 14 July 2012 and recommended for approval on 20 July 2012, requesting amendment of his bonus addendum to show the signatures on the document were dated
* sworn statements from the service representative and witnessing officer indicating, in effect, the absence of dates for the signatures on the bonus addendum was an administrative error
* a memorandum from the Deputy G-1, ARNG, NGB, dated 27 August 2012, subject:  Request for ETP for OAB (Applicant), denying his request for an ETP to retain the $10,000.00 OAB

* the decision authority stated, "All parties failed to date the bonus addendum; therefore, the intent to offer an incentive at the time of the agreement cannot be validated"  
* the decision authority directed termination of the incentive without recoupment



* a printout of his Soldier Information screen from iMARC showing, in part –

* on 24 April 2009, he was found to be eligible for payment
* on 29 August 2012, the bonus contract was terminated because it was not dated and the intent to offer an incentive could not be validated

* a Written Agreement – OAB Addendum marked "corrected copy" with the entry "20090412 corrected 20120714" next to each signature

6.  On 17 April 2013 during the processing of this case, the Chief, Personnel Policy Division, NGB, provided an advisory opinion.  The advisory official recommended approval of the applicant's request for payment of the second installment of his OAB.  She stated, in part:

* the PAARNG Officer Strength Manager failed to complete the OAB addendum which resulted in termination without recoupment
* the PAARNG attempted to rectify the contract using methods for correcting an enlisted contract, which was incorrect
* the contract should be corrected to reflect the proper dates and the second installment of $5,000.00 should be paid to the applicant by the PAARNG

7.  The applicant concurred with the advisory opinion.

8.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs) and various policy memoranda govern administration of the ARNG Selected Reserve Incentive Program which includes the OAB.  The purpose of the program is to assist ARNG leadership in meeting personnel readiness requirements by targeting personnel strength and readiness issues.  Critical shortages identified through Unit Status Reports are used to focus the incentive program to specific units and AOC's.

9.  The NGB Officer Critical Skill List in effect at the time the applicant was appointed in the PAARNG includes AOC 21B.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for payment of the second half of his $10,000.00 OAB.

2.  The applicant affiliated with the PAARNG in an AOC eligible for an OAB.  He signed an OAB addendum, but due an administrative oversight, the signatures on the addendum were not dated.  The addendum was assigned a BCN and he was paid the first half of his OAB.  Payment of the second half of the OAB was denied and his OAB was terminated based solely on the absence of signature dates.

3.  The record shows the applicant met the requirements of his OAB addendum.  It would be appropriate to correct the Written Agreement – OAB Addendum to show it was signed on the day he was appointed in the PAARNG.  As a result of this correction, he should be paid the remainder of his OAB from ARNG funds.

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 to show his Written Agreement – OAB Addendum was properly signed on the day he was appointed in the PAARNG.  As a result of this correction, the Board recommends paying him the remainder of his OAB 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)                                         AR20130007166



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ABCMR Record of Proceedings (cont)                                         AR20130007166



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