BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130013862
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, correction of the previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR20120017782, dated 16 April 2013, to show he is entitled to payment of an Officer Accession Bonus (OAB) as a member of the United States Army Reserve (USAR).
2. The applicant states he was denied the OAB guaranteed in connection with his warrant officer appointment. He states the denial was based on the dates he signed his appointment application and the OAB agreement.
3. The applicant provides the documents identified in the Supporting Documentation Information portion of his application in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants record contains a written OAB agreement to serve in the USAR under the Selected Reserve (SELRES) Incentive Program for a $10,000.00 bonus for Area of Concentration 153A (Rotary Wing Aviator-Non-Specific). On 27 March 2008, the agreement was completed and signed by the applicant, a service representative, and a witnessing officer.
2. On 1 September 2009, the applicant was appointed a Reserve warrant officer one (WO1) in area of concentration 154C (CH-47D Pilot). He was denied the OAB based on the difference in the dates on his DA Form 61 (Appointment Application) and the OAB written agreement.
3. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Officer Accessions Division.
4. The G-1 advisory opinion contains a recommendation for approval of the applicant's request to receive a SELRES OAB. It states an administrative correction to the dates of the DA Form 61 is not required. It further indicates a review of the bonus documents confirms the applicant met the criteria for receipt of the bonus. In addition, it states in spite of the different signing dates on the DA Form 61 which was 11 August 2008 and the OAB written agreement which was 27 March 2008, both were accomplished prior to the start date of warrant officer candidate school class and were for a qualifying specialty on the SELRES bonus list.
5. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to: (a) accept an appointment as an officer in the Armed Forces, and (b) to serve in the SELRES of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement. Paragraph (2)(a) states the Secretary concerned shall designate the officer skills to which the authority under this subsection is to be applied. Paragraph (2)(b) states that a skill may be designated for an Armed Force bonus under subparagraph (a) if, to mitigate a current or projected significant shortage of personnel in the Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill. Paragraph (b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. The applicants request has been carefully considered and found to have merit. Based on the logic provided in the G-1 advisory opinion and given the applicant met the criteria for the OAB, it would be appropriate to grant the requested relief. Therefore, his record should be corrected to show he signed the OAB Written Agreement on 11 August 2008, the same date he signed his DA Form 61 and he should be the paid the OAB based on the agreement guidance.
2. On 16 April 2013, the ABCMR considered the applicant's request under Docket Number AR20120017782 and recommended full relief. However, the Record of Proceedings mistakenly identified him as a member of the ARNG rather than the USAR. Therefore, the previous ABCMR Record of Proceedings should be revoked.
BOARD VOTE:
_X____ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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:
a. Voiding ABCMR Record of Proceedings Docket Number AR20120017782, dated 16 April 2013;
b. showing he signed the SELRES OAB Written Agreement on 11 August 2008, the same date he signed his DA Form 61; and
c. paying him the OAB based on the terms of the agreement to serve as a member of the USAR SELRES.
_______ _ 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) AR20130013862
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