IN THE CASE OF:	 

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130012513 


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 an Officer Accession Bonus (OAB).    
 
2.  The applicant states:

   a.  He was not given the opportunity to participate in the OAB program in error.  As per the requirements prescribed by Selected Reserve Incentive Program (SRIP) Fiscal Year (FY) 2010 Policy Numbers 10-01 and 07-06 with updates 1 March 2009 to present, he believes he met all of the eligibility criteria with the exception of signing an OAB Addendum on the date that he accepted commissioning as a second lieutenant.  

   b.  From the first time he met with the New York Army National Guard (NYARNG) to begin the enlistment process he inquired as to what bonus and incentive programs were available to him.  No one ever directly answered his questions but rather pushed it off to the next step in the process.  He was commissioned through the Federal Officer Candidate School at Fort Benning, GA, and a representative from the NYARNG was not in attendance due to budgetary constraints.  When he returned to the NYARNG on 8 November 2010, he inquired about the advertised OAB and was told that there were no incentives available at the time.
   
   c.  He believes that due to commissioning through the Federal Officer Candidate School (OCS) and having his branch changed upon his return from OCS, he was deemed ineligible to participate in the OAB program in error.  
3.  The applicant provides:

* a self-authored statement
* a memorandum
* ARNG SRIP FY 2011 (11-01) Officer Accession Critical Skill List
* DA Form 71 (Oath of Office)
* Orders 322-1021
* Orders 235-1041
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders 296-1026
* Orders 296-1027

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the NYARNG on 2 March 2010.  

2.  The applicant successfully completed officer candidate training and was appointed a second lieutenant in the Ordnance Corps on 4 November 2010.

3.  On 26 June 2012, he completed the Adjutant General Basic Officer Leadership Course.  He was subsequently branch transferred to the Adjutant General's Corps on 22 August 2012.  

4.  There is no evidence in the applicant's record and he provides insufficient evidence to support his contention that:

* he was not given the opportunity to receive an OAB
* he was told there were no incentives available at the time
* his commissioning through OCS and subsequent branch transfer  contributed to his ineligibility in error  

5.  In the processing of this case, an advisory opinion was obtained on                8 November 2013, from the Office of the Deputy Chief of Staff, G-1.  The advisory official stated: 

   a.  In order to be eligible for the Selected Reserve (SELRES) OAB as a commissioned officer an individual in the ARNGUS must meet the Headquarters, Department of the Army (HQDA) eligibility criteria published in All Army Activities (ALARACT) message 017/2005 and the current ARNG SRIP announcement in effect on the date the individual makes application for officer appointment/training or on or before the officer's appointment date.  In addition to meeting the HQDA and ARNG SRIP criteria, the individual must sign an agreement to accept an appointment in a critically short military area of concentration (AOC) listed in the ARNG SRIP in effect on the agreement date.

   b.  A review of the ARNG SRIP in effect when the applicant was commissioned (4 November 2010) indicates the AOC the applicant applied for and was commissioned in (91A/Ordnance) was eligible for the bonus.  Subsequent to the applicant's commissioning he was branch transferred by NYARNG Orders 235-1041, dated 22 August 2012, to the Adjutant General's Corps (AOC 42B).  A review of the SRIP in effect when the applicant was commissioned revealed both AOCs (91A and 42B) were eligible for the SELRES OAB for officers in the NYARNG.  Because the branch transfer was directed by the State Adjutant General based upon the needs of the NYARNG, the transfer would not have negated his continued eligibility for the OAB in any case.

   c.  Unless previously presented an OAB agreement prior to attendance, ARNGUS officers commissioned through the Officer Candidate School at Fort Benning, GA, do not have immediate access to their State recruiting officials responsible for administering the OAB.  Accordingly, the applicant's contention that he was not presented an OAB agreement due to unavailability of the responsible NYARNG recruiting officials at Fort Benning is reasonable.  This resulted in the applicant being unable to contract for the bonus within OAB policy timelines.  Notwithstanding the absence of a signed OAB agreement, it is reasonable to assume that had the applicant been in New York on the date of his commissioning, he would have been offered the OAB that day since he was being commissioned in a bonus eligible AOC and branch, and the Army G-1 recommends approval of his application for payment of the SELRES Officer Accession Bonus.
   
6.  On 14 November 2013, the applicant was provided with a copy of this advisory opinion.  On 15 November 2013, he responded with his concurrence and offering no further comments. 

7.  NGB Policy Number 07-06 (ARNG SRIP Guidance for FY 2007, 2008, and 2009, 10 August 2007 – 30 September 2009, with updates (Education and Incentives Operations Message's 09-020,023, 024, 030, 34, 38, 39, 40, 41, 43, 45, 47, 51, 54, 55, 56, 58, 59, 60 and 10-011).  This memorandum establishes policy to administer ARNG incentives effective 1 March 2009.  This policy will remain in effect until 30 September 2009 unless otherwise noted, superseded, or suspended.  Commanders at all levels are required to ensure that this policy is managed effectively in order to preclude any occurrence of fraud, abuse, or mismanagement.

	a.  The purpose of the ARNG Incentive Program is to assist ARNG leadership and personnel managers in meeting the readiness requirements for the ARNG.  It is imperative that each State utilize the resources available within the ARNG Incentive Program in order to target personnel strength and readiness issues.  Critical shortages identified through Unit Status Reports must be used in order to focus the incentive program on the States' prioritized shortages.  Incentives shall be implemented in specific situations where other less costly methods have proven inadequate or ineffective and only as necessary to support unit and skill staffing requirements.

	b.  Retroactive entitlement to an incentive offered under this policy is not authorized.  

   c.  For an OAB, the general criteria are that an officer must have never held a commission as an officer or an appointment as a warrant officer in any of the armed forces of the United States.  The officer must sign the OAB Addendum on the date that they accept their commission as a second lieutenant or appointment as a warrant officer.  In addition to meeting the HQDA and ARNG SRIP criteria, the individual must sign an agreement to accept an appointment in a critically short military AOC listed in the ARNG SRIP in effect on the agreement date.

DISCUSSION AND CONCLUSIONS:

1.  Upon completion of OCS, the applicant was appointed in the ARNG on          4 November 2010.  Although an OAB was offered at the time for his specialty, there is no evidence he executed a written agreement regarding this bonus nor was he required to sign an OAB addendum.

2.  Therefore, without evidence of a signed OAB addendum it must be concluded a legally binding agreement was never established that he would serve in a critically short AOC in compliance with all OAB requirements, and in return that the Army would pay him an OAB, or that he detrimentally relied on a written agreement to be given an OAB before accepting his commission.

3.  Notwithstanding the advisory opinion, SELRES OAB information and the requirement to execute an agreement was available to all recruiters for ARNG members at the time of his appointment; therefore, his request should not be approved.  Although an incentive was available, there is no evidence which shows he was either offered the OAB or agreed in writing to the stipulations associated with such bonus.

4.  In view of the foregoing, he is not entitled to the requested relief.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that relief should be granted.

2.  The Board noted that the advisory opinion stated the applicant was eligible for the OAB.  The Board believed the analyst when he stated he inquired as to what bonus he might be eligible for but was never given a direct answer.  The Board also believed that had a New York Army National Guard incentive manager been present on the date of the applicant’s commission out of Officer Candidate School the applicant would have been offered the OAB and been given the opportunity to sign the appropriate addenda in a timely manner.

3.  Therefore, 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 Army National Guard records of the individual concerned be corrected by:

* Showing an OAB addendum was properly prepared and signed by all appropriate officials at the time of the applicant’s commission (the dollar amount of the bonus to be determined in coordination with the Office of the Deputy Chief of Staff, G-1, if necessary)
* Paying to him, out of ARNG funds, the OAB



      _______ _ 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)                                         AR20130012513





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012513



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1