IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130012619 


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 record to entitle him to an Officer Accession Bonus (OAB).

2.  The applicant states he was denied payment of his OAB.  On 29 May 2009, he enlisted in the New York Army National Guard (NYARNG) in military occupational specialty (MOS) 09S (Officer Candidate).  This enlistment was to include a $10,000.00 OAB.  He graduated from Officer Candidate School (OCS) on 23 September 2010.  While there, he exchanged emails regarding branching and he was told his branch was Ordnance.  Once he returned from OCS, he met with the Officer Strength Manager and completed his OAB package.  The addendum states he was to be paid $10,000.00 upon his successful completion of area of concentration (AOC) 92A Basic Officer Leadership Course (BOLC).  From July 2011 to November 2011 he attended AOC 91A BOLC, even graduating on the Commandant's List.  A few months after returning from BOLC, he began to be worried because he had not received his first bonus payment.  After investigating, he realized the BOLC he attended did not comply with his bonus addendum.  Prior to his attendance at BOLC, he was still an ex-Air Force member trying to adapt to the Army.  He did not know that Quartermaster is AOC 92A and Ordnance is AOC 91A.  After learning of the discrepancy between his bonus BOLC and his actual BOLC, he contacted his chain of command who directed him to the incentive office.  Through the incentive office, he requested an exception to policy that was denied.  In an attempt to get him qualified his unit training manager tried to secure a reservation at the AOC 92A BOLC for the applicant, but he was directed to cancel the request.


3.  The applicant provides:

	a.  a memorandum by the NYARNG Officer Strength Manager, subject:  Letter of Acceptance for Reserve Duty Branching Panel, dated 9 September 2009, accepting the applicant as an officer candidate for an AOC 92A vacancy;

	b.  email exchange originated by him on 1 August 2010 inquiring what his branch was -- told it was Ordnance;

	c.  Officer/Warrant Officer Accession Bonus Addendum, dated 23 September 2010, that provided a $10,000.00 bonus for training and service in AOC 92A;

	d.  DA Form 71 (Oath of Office - Military Personnel), dated 23 September 2010, wherein he was sworn in as a second lieutenant (2LT) into the "Army of the United States, without component";

	e.  Orders 104-1025, issued by the Office of the Adjutant General, NYARNG, dated 14 April 2011, that assigned the applicant to a 2LT Quartermaster Platoon Leader position;

	f.  Certificate of Performance/Statement of Attendance for the period 5 July 2011 through 4 November 2011 that outlined travel, responsibilities and payments for active duty training for the purpose of completion of the "Officer Basic Course (OBC) – Ordnance Branch";

	g.  Orders 325-1035, issued by the Office of the Adjutant General, Joint Force Headquarters, New York, dated 21 November 2011, that relieved him from a Quartermaster/92A position and assigned him to an Ordnance/91A position;

	h.  a memorandum from the National Guard Bureau (NGB), dated 11 April 2013, that denied NYARNG's request for an exception to policy to permit the applicant to retain the OAB;

	i.  email exchange originated by Staff Sergeant E.M.M., NYARNG, on
29 April 2013, wherein he was told the State would not pay for another BOLC for the applicant; and

	j.  a memorandum from the Director, Military Personnel, NYARNG, subject:  Exception to Policy for the OAB, dated 14 May 2013, that denied the applicant the OAB because he was not serving in the AOC for which contracted.  He was advised he could apply to this Board.


CONSIDERATION OF EVIDENCE:

1.  The applicant, with former Regular Air Force active duty experience, enlisted in the NYARNG on 29 May 2009.  He was sworn in as a second lieutenant (2LT) without component on 23 September 2010.

2.  On 23 September 2010, he completed an Officer/Warrant Officer Accession Bonus Addendum.  It indicated that the applicant was to receive one-half of a $10,000.00 bonus upon completion of BOLC for 92A.  The first line of the document is the applicant's name and social security number.  Additionally:

	a.  the second line reads;
	
		"BCN:_______                                                                       $10,000"

	b.  the very last line (following the signatures of the service representative, the applicant, and the witness) is the entry;

		Bonus Control Number: _______________________
                                                    (Mandatory requirement)

3.  Orders 104-1025, dated 14 April 2011, appointed the applicant in the ARNG as a 2LT in a 92A quartermaster platoon leader position.

4.  Between 7 July 2011 and 3 November 2011 the applicant attended and completed BOLC for AOC 91A, Ordinance.

5.  In an 11 April 2013 memorandum the National Guard Bureau denied the NYARNG's request for an exception to policy to allow the applicant to retain entitlement to the bonus because the applicant was not serving in the contracted area of concentration.  It cited "Contracted AOC/MOS: 92A; Current AOC/MOS 91A."

DISCUSSION AND CONCLUSIONS:

1.  It is not clear why the applicant received orders to attend BOLC for Ordnance or why he unquestionably attended that course when he knew or should have known he had contracted for a bonus for completing the 92A Quartermaster course.

2.  Nevertheless, his assertion that he was former Air Force and did not understand the Army terminology is not convincing.  All services have codes for 
occupational specialties and even the rawest recruit knows it.  Any reasonable person who, upon being asked to sign a bonus addendum but who did not know what "92A" meant, would have asked.

3.  Finally, there is no Bonus Control Number on the applicant's contract.

4.  Blank spaces in contracts are vitally important.  Entries like, "Bonus Control Number: ____________________ (Mandatory requirement)" simply could not be ignored and left blank without being questioned.  The applicant should not be paid a bonus because there was no bonus agreement.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X__________
               CHAIRPERSON
      
he 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)                                         AR20130012619



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ABCMR Record of Proceedings (cont)                                         AR20130012619



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