IN THE CASE OF:	 

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130012185 


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 Officer Accession Bonus (OAB).

2.  He states when he initially joined the Tennessee Army National Guard (TNARNG), his recruiter did not provide him the documentation to sign for his OAB.  One year after his accession, another recruiter told him he was eligible for a bonus.  He filled out the bonus paperwork and received the first half of his bonus.  He was advised he needed to submit a request for an exception to policy (ETP) for payment of the second half of his OAB due to a missing signature and bonus control number (BCN).  

3.  He states his request for an ETP was denied by the National Guard Bureau (NGB) because of the missing data and because the OAB Addendum was signed after his initial appointment.  He requests that payment of the second half of the bonus be authorized.  He states he should not be penalized for recruiter negligence or error.  He was unaware that a bonus should have been offered and signed at the time of his accession.  He received the first half of his bonus in a timely manner, the missing signature and BCN have been addressed in sworn statements, and he has fulfilled his obligations as stated in the bonus contract which was initially accepted and processed by the State incentive office in December 2009.  

4.  The applicant provides:

* NGB memorandum, subject:  Request for ETP for OAB [Applicant], and related documents
* Written Agreement - OAB Addendum
* two DA Forms 2823 (Sworn Statement)
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement)
* screenshot from the Information Management and Reporting Center (iMARC)

CONSIDERATION OF EVIDENCE:

1.  On the date of his application, the applicant was serving in the TNARNG as a chaplain.

2.  On 17 July 2007, he submitted an application for Federal recognition as a second lieutenant in the Staff Specialist Branch in area of concentration (AOC) 0056A (Chaplain Candidate). 

3.  Effective 25 October 2007, he was appointed as a second lieutenant in the TNARNG in the Staff Specialist Branch.  His record shows he was assigned to a temporary position with Joint Force Headquarters (JFH), Tennessee National Guard, pending his completion of seminary.  

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

5.  On 5 September 2008, he completed the Chaplain Basic Officer Leadership Course (BOLC) (Phases I, II, and III).

6.  On 4 May 2009, he was awarded a Master of Ministry degree.

7.  Special Orders Number 300 AR, issued by NGB on 10 December 2009, extended Federal recognition to the applicant in the rank/grade of captain/O-3 effective 8 December 2009 for his initial appointment as a (AOC 56A).  

8.  He provides an OAB Addendum signed by him on 8 December 2009.  The document shows he agreed to serve in the Selected Reserve for a period of 6 years in a critical officer skill designated for bonus entitlement by the Chief, ARNG.  He acknowledged he was being accessed into the NGB-approved critical unit identification code (UIC) WX4XT0 and would receive a $10,000 bonus paid in one lump sum upon successful completion of BOLC.  In addition to the applicant's dated signature, the document bears the undated signature of a service representative.  The name of a witnessing officer was entered, but the document does not show the signature of a witnessing officer.  A BCN was not entered on the document.  

9.  JFH, Tennessee National Guard, issued the following orders pertaining to the applicant:  

	a.  Orders 342-834, dated 8 December 2009, appointed him as a chaplain in the ARNG.

	b.  Orders 288-820, dated 15 October 2010, released him from assignment as a chaplain and transferred him to duty as an assistant S-2 effective 13 October 2010.  The orders show the reason for the transfer as "individual's request."  

	c.  Orders 048-934, dated 17 February 2011, relieved him from a duty position as a chaplain and assigned to a new duty position as a chaplain.  The effective date of the change was 1 February 2011.

10.  The record does not show he actually served as an assistant S-2, or, if he did, when he returned to duty as a chaplain.

11.  The Officer Evaluation Reports he has received since his appointment as a chaplain through 20 February 2013 all show he was rated for principal duty as a chaplain.  

12.  He provides an iMARC screenshot showing his name and contract actions taken under BCN O09120004TN.  The screenshot shows:

* on 14 December 2009, a request was approved and validated and a contract was established
* on 16 December 2009, a payment of $5,000 was processed
* on 16 February 2011, a second payment was denied and a remark was entered stating "Denied slotted DMOS [duty military occupational specialty] as 92F30"  
* on 1 March 2011, an action was returned to the State and a remark was entered stating "Denied OAB [Addendum] is [not] signed by witness requires a [sic] ETP signed 2009"

13.  He provides two sworn statements.

	a.  In his own sworn statement, dated 8 September 2012, he stated:

* he signed the OAB Addendum in December 2009 as part of his accessioning packet
* he received half of his bonus in December 2009 but had not received the remainder
* through no fault of his own, the OAB Addendum was not completed correctly, which was the reason the remainder of the OAB had not been paid

	b.  The officer whose name was entered on the OAB Addendum stated the applicant did sign the OAB Addendum on 8 December 2009 and was eligible for the OAB.  He stated he was the signing officer on that day.  His statement is silent on the matter of why he did not sign the OAB Addendum.  

14.  He provides a DFAS Form 702 showing he received $5,000 in "other credits" in December 2009.

15.  On 16 May 2013, the Deputy G-1, ARNG, NGB, notified the TNARNG State Incentive Manager a request for an ETP to allow the applicant to retain his $10,000 OAB was denied.  The State Incentive Manager was directed to terminate the bonus with recoupment.  The following reasons were given as the basis for denying the ETP:

* his OAB Addendum was signed after his accession in violation of ARNG policy
* his OAB Addendum was missing the signature and date of a witnessing official or service representative in violation of ARNG policy

16.  On 20 January 2010, NGB issued a memorandum, subject:  ARNG Selected Reserve Incentive Program (SRIP)Guidance for Fiscal Year (FY) 2010, 
1 October 2009 - 30 September 2010 (Policy Number 10-01).  The memorandum established policy for awarding various bonuses, including the OAB.  This memorandum shows, 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.  Chaplain candidates were not authorized the OAB.  However, they could be eligible for an accession bonus at the time of commissioning in the Chaplain Corps, if otherwise fully qualified, regardless of having had a previous commission as a chaplain candidate.

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

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for payment of the second installment of his OAB.

2.  An NGB official cited two reasons for denying a request for an ETP allowing payment of the second installment of the applicant's OAB:  

* his OAB Addendum was signed after his accession in violation of ARNG policy
* his OAB Addendum was missing the signature and date of a witnessing official or service representative in violation of ARNG policy

3.  The applicant's record shows he was initially appointed as a chaplain candidate in 2007.  He received a new appointment to the Chaplain Corps effective 8 December 2009, which is the date he signed his OAB Addendum.  The policy in effect in December 2009 authorized individuals initially appointed as chaplain candidates to receive an OAB at the time of commissioning into the Chaplain Corps.  Clearly, the NGB official erred in citing the date of the OAB Addendum as a reason for denying the applicant's request for an ETP.  

4.  The record shows that, to date, the applicant has met the requirements of his OAB Addendum, and the only reason for denying full payment of the $10,000 OAB he is authorized is the missing dated signature of a witnessing officer.  The missing signature alone is an insufficient basis for denying him payment of an incentive for which he is otherwise eligible.

5.  In view of the available evidence, as a matter of equity it would be appropriate to:

* correct the record to show his request for an ETP authorizing payment of the remaining portion of a $10,000 OAB was approved
* pay him the remainder of his $10,000 OAB
* cancel any action to recoup the portion of the OAB he has already received, and, if applicable, 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 records of the individual concerned be corrected by:

* showing his request for an ETP authorizing payment of the remaining portion of a $10,000 OAB was approved
* paying him the remainder of his $10,000 OAB from ARNG funds
* canceling any action to recoup the portion of the OAB he has already received, and, if applicable, returning to him any amounts already recouped



      _______ _   __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)                                         AR20130012185





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ABCMR Record of Proceedings (cont)                                         AR20130012185



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