BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130009300 


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 a $10,000 officer accession bonus (OAB) for his appointment as a second lieutenant (2LT) in the Puerto Rico Army National Guard (PRARNG).

2.  The applicant states:

	a.  He was commissioned in the PRARNG on 11 September 2010 and he was eligible for an OAB in the amount of $10,000.  The contract for the bonus was signed on the date he was commissioned; however, it was not assigned a Bonus Control Number (BCN) during that fiscal year (FY).  In addition, his appointment documents were delayed for a reason nobody could explain.  His appointment order was manually entered and published on 26 October 2010 and the recruiting and retention personnel could not see the order entered in the interactive Personnel Electronic Records Management System on 29 October 2010. 

	b.  It was February 2011 when that office finally received copies of the orders needed to submit the bonus package.  However, it was a new FY and no funds were reserved by the date the contract was signed.  His military records have been in error, but also have been unjust, because there was no proactive action taken to reserve funds in a timely manner.  It is known that the budget needs to be planned with a considerable amount of lead time and, although it was a requisite to be commissioned in order to be eligible for the bonus, there was still time between his commissioning and the end of the FY to assign a BCN.  Furthermore, there was no transmittal to the National Guard Bureau (NGB), notifying them that documents were late.  He has exhausted all the administrative remedies through his chain of command and the State Recruiting and Retention Office.  He was referred to the Army Review Boards Agency.

3.  The applicant provides his OAB Addendum.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a 2LT in the PRARNG and he executed an oath of office on 11 September 2010.

2.  The applicant provides and his records contain:

   a.  An OAB Addendum, dated 11 September 2010, wherein it stated that in connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve "I agree to serve in the Area of Concentration (AOC)/Military Occupational Specialty (MOS) 12B (Combat Engineer) which is a critical officer skill and is designated for bonus entitlement by the Secretary of Defense or his delegate…and shall receive a bonus of $10,000.  The first and final payment of $10,000 will be processed upon completion of the Basic Officer Leader Course (BOLC) III and qualification in my critical skill."  

	b.  The applicant and a witnessing officer signed and dated the OAB Addendum on 11 September 2010; however, a BCN was not entered on the form.  

3.  Orders 299-203, dated 26 October 2010, issued by Joint Forces Headquarters, PRARNG, San Juan, PR, appointed the applicant as a 2LT Engineer (EN) Corps Reserve officer, effective 11 September 2010, with assignment to the 1013th EN Company, Aguadilla, PR, in AOC 21B.

4.  He attended and successfully completed the EN BOLC from 26 June to 9 November 2011.  He was promoted to first lieutenant on 9 November 2011.

5.  In the processing of this case, an advisory opinion, dated 14 June 2013, was received from the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommended approval of the applicant's request for payment of a $10,000 OAB.  The official stated:

   a.  In order to be eligible for the Reserve OAB as a commissioned officer, an individual in the ARNG must meet the Headquarters, Department of the Army eligibility criteria and be appointed in a critically short AOC listed in the ARNG Selected Reserve Incentive Program (SRIP) in effect on the date the individual makes application for officer appointment/training, or on or before the officer’s appointment date.  A review of the ARNG SRIP in effect when the applicant was commissioned indicates his AOC of 21B was eligible for the bonus.
   
   b.  This office confirmed that the service representative and witnessing officer [listed on the applicant’s OAB Addendum] were recruiting and retention officials of the PRARNG responsible for administering the OAB at the time he was commissioned.  Further, the signatures of these two officers match those in the each officer’s Army Military Human Resource Record.  Therefore, notwith- standing the lack of a BCN, it appears the applicant was properly offered the bonus as an eligible individual.  

6.  On 26 June 2013, by email, the applicant stated he agreed with the advisory opinion.

7.  ARNG Selective Reserve Incentive Programs Policy Guide for FY07, 08, 09, and 10, stated, in pertinent part, to qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer and the Addendum must contain a bonus control number.  The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of the enlistment contract, bonus addendum, critical skill, bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms an OAB Addendum was executed for the applicant on 11 September 2010 for an OAB of $10,000 in a critical AOC.  He was appointed as a PRARNG 2LT EN Corps officer in the critical AOC of 21B and he executed an oath of office on 11 September 2010.  However, through no fault of his own, his OAB was executed with all the appropriate signatures but without a valid BCN to authorize the bonus.  As he met all requirements he agreed to in his appointment, he should be entitled to receive payment of the $10,000 OAB.









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

   a.  showing the applicant, the service representative, and the witnessing officer all signed his OAB Addendum on 11 September 2010 for the bonus in the amount of $10,000 with a valid bonus control number;

   b.  showing he is eligible for payment of the OAB in accordance with the terms of his addendum contract; and

   c.  paying him, from Army National Guard funds, the bonus as specified in his addendum contract.



      _______ _  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.




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