IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130007193 


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 correction of his records to show he executed an Officer Accession Bonus (OAB) Addendum in a timely manner or to show he is eligible to retain the OAB funds he received.

2.  The applicant states:

* he was fully eligible for the OAB and neither he nor the Army has a copy of his OAB Addendum
* his recruiter told him that as an incoming judge advocate general (JAG) officer he was entitled to a $10,000 OAB in exchange for a 6-year commitment, payable upon graduation from the Basic Officer Leadership Course (BOLC)

3.  The applicant provides:

* 2 memoranda
* 2 Written Agreement Officer/Warrant Officer Accession Bonus Addenda
* Incentives Task Force (ITF) Bonus Audit Form
* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* Commissioning Timeline
* Exception to Policy (ETP) Request, dated 17 October 2012
* Critical Officer Area of Concentration List for the period 1 January 2007 through 31 March 2007
* Extension of Army National Guard (ARNG) Selected Reserve Incentive Program Policy 07-04 (SRIP 07-04) Memorandum, dated 15 May 2007
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 California ARNG (CAARNG) in the rank/grade of captain/O3 in area of concentration (AOC) 27A (Judge Advocate General).

3.  After having prior periods of honorable enlisted service in the U.S. Navy and U.S. Navy Reserve, the applicant was commissioned a first lieutenant in the CAARNG on 16 May 2007.

4.  On 10 September 2007, he completed the JAG BOLC.

5.  The record is void of documentation showing he completed an OAB Addendum at the time of his appointment in 2007.

6.  Special Orders Number 190 AR, issued by the NGB on 8 August 2007, extended Federal recognition to the applicant in the rank/grade of first lieutenant/O-2 effective 16 May 2007 for his initial appointment.

7.  On 17 April 2013, the Chief, Personnel Policy, NGB, provided an advisory opinion.  The advisory official stated:

	a.  Per the CAARNG, the applicant was eligible to receive the $10,000 OAB.  A contract should have been completed in accordance with Title 37, U.S. Code 332, paragraph (d) and SRIP 07-04.

	b.  The applicant was branched 27A and completed OBC on 10 September 2007, which was within 37 [36] months of his appointment.  He received $5,000 on 30 November 2007 and 7 December 2007, for a total of $10,000.  However, it was discovered that the OAB Addendum was never coded or nor was a copy maintained by the State or the Soldier.  The applicant did receive a bonus control number (BCN) of O07060004CA on 4 June 2007.

	c.  Based on a review of the applicant's file with the Incentives Branch at the NGB, he was eligible for the OAB after signing his Oath of Office on 16 May 2007.  He was duty qualified on 26 September 2007 and has retained qualification to date.  His AOC was on the Critical Skills List for May 2007.  The only error is that the BCN was not requested before or on the date he should have signed the Addendum.  The Addendum is missing.

	d.  The error that occurred is not the fault of the applicant.  The CAARNG Incentive Manager failed to produce the Addendum for his signature.  It is recommended that the CAARNG have the applicant complete the correct Addendum for 2006, which will allow him to retain his incentive bonus.

	e.  The State concurs with this recommendation.

8.  The applicant provides two memoranda from the CAARNG ITF Commander and CAARNG Legal Assistance personnel showing he met the requirements for the OAB and an ITF Bonus Audit Form which shows he has been paid the OAB.  He also provides a copy of his NGB Form 337, dated 16 May 2007, his commissioning timeline, his ETP request, 2 blank OAB Addenda, Critical Officer AOC List for the period 1 January through 31 March 2007, and SRIP 
07-04 Policy Memorandum, dated 15 May 2007.

9.  On 15 May 2007, NGB issued a memorandum, subject:  Extension of ARNG Selected Reserve Incentive Program (SRIP) Policy 07-04 to 15 June 2007.  This policy covered officers commissioning in May 2007 and stated, in part:

	a.  The ARNG offered a $10,000.00 OAB to newly-commissioned officers who agreed to serve 6 years in a critical AOC.  The OAB was to be paid in one lump sum upon successful completion of BOLC III.

	b.  Eligible individuals must never have held a commission as an officer or appointment as a warrant officer in any of the armed forces of the United States.

	c.  Officers were required to sign the OAB Addendum on the date of their appointment or commission.

	d.  Officers accepting the OAB agreed to serve in a critical skill AOC as defined by the ARNG.
   
   
DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for correction of his records to show he executed an OAB Addendum in a timely manner and retention of his OAB.

2.  His records show he met the requirements for an OAB and through no fault of his the CAARNG Incentives Manager failed to properly process his OAB Addendum.  

3.  Although the advisory official's recommendation is to correct his records to show he executed an OAB Addendum in 2006, he was not commissioned until 2007.  However, in view of the available evidence, as a matter of equity it would be appropriate to correct the record to show that he executed an OAB Addendum on 16 May 2007 and, if applicable, cancel any action to recoup the OAB he has already received and return to him any amounts already recouped.

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 Army National Guard records of the individual concerned be corrected by:

* showing he executed an OAB Addendum for $10,000 on 16 May 2007 and it was signed by all appropriate officials


* canceling any action to recoup the OAB he has already received, and, if applicable, returning to him any amounts already recouped and paying to him any remaining OAB monies due out of 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)                                         AR20130007193



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ABCMR Record of Proceedings (cont)                                         AR20130007193



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