IN THE CASE OF:	  

		BOARD DATE:	  14 May 2014

		DOCKET NUMBER:  AR20130015480 


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 a $10,000.00 Warrant Officer Accession Bonus (OAB).

2.  The applicant states he was guaranteed an OAB of $10,000.00.  He signed and forwarded his bonus agreement to Chief Warrant Officer Three (CW3) E____, the Texas Army National Guard (TXARNG) warrant officer strength manager, on the day he graduated from the Warrant Officer Candidate School (WOCS).  CW3 E____ failed to process the bonus and no bonus control number (BCN) was ever assigned.  According to Chief Warrant Officer Five (CW5) M____, the TXARNG Command Chief Warrant Officer (CCWO), CW3 E____ never grasped the concept of how the bonus program worked.  It was not his fault that CW3 E____ failed to obtain a BCN.  He did everything that was required, timely completed all the necessary forms and returned them, and followed up regularly.  Unfortunately, CW3 E____ retired/resigned between his initial bonus request and graduation from the Warrant Officer Basic Course (WOBC).  When he graduated from WOBC and submitted his DA Form 1059 (Service School Academic Evaluation Report (AER)), he was informed that there was no BCN.

3.  The applicant provides:

* Reserve Warrant Officer Appointment Certificate, dated 12 January 2011
* Written Agreement – Officer/Warrant OAB Addendum, dated 12 January 2012
* DA Form 71 (Oath of Office – Military Personnel), dated 12 January 2011
* National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 12 January 2011
* Statement of Understanding, dated 12 January 2011
* AER, dated 26 June 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* various email transmissions
* NGB memorandum, dated 10 July 2013, subject:  Request for Exception to Policy (ETP) for OAB (Applicant)

CONSIDERATION OF EVIDENCE:

1.  On 20 May 2010, the applicant was appointed as a warrant officer candidate (WOC) in the TXARNG.  He submitted an NGB Form 89 (Proceedings of a Federal Recognition Examining Board (FREB)) and requested Federal recognition as a warrant officer one (WO1) in military occupational specialty (MOS) 250N (Network Management Technician).  The FREB recommended granting him Federal recognition.

2.  TXARNG Orders 010-1052, dated 10 January 2011, appointed him as a WO1 in MOS 250N in the ARNG with an effective date of 12 January 2011.

3.  He provided a Written Agreement – Officer/Warrant OAB Addendum, dated 12 January 2011, which shows that in connection with his appointment as a warrant officer and agreement to serve in the ARNG of the United States (ARNGUS) under the Selected Reserve Incentive Program (SRIP), he acknowledged that:

	a.  He met the following criteria:

		(1)  He agreed to serve in the Selected Reserve in MOS 250N which is a critical warrant officer skill and is designated for bonus entitlement by the Secretary of Defense or his delegate.

		(2)  He had never held a commission and was a newly-appointed warrant officer in the grade of WO1.

		(3)  He understood that he must be assigned in a modified table of organization and equipment (TOE/MTOE) unit or in a modified table of distribution and allowances (TDA/MTDA) unit in primary valid, vacant position.  No excess or overstrength was authorized for this incentive.

		(4)  He would possess a skill designated by the Secretary of the Army for bonus entitlement and agreed to accomplish the necessary training prescribed (completion of WOBC) to achieve the designated skill within 36 months of the date of appointment.

		(5)  The bonus amount may not exceed the $10,000.00 bonus amount established by law.

	b.  He agreed that, in connection with the agreement to accept an appointment as an officer serving in the Selected Reserve he would serve in an active drilling status (not Active Guard Reserve or military technician) for the full length of this incentive contract term for a period of not less than 6 years in the critical MOS.

	c.  He would be paid an accession bonus pursuant to this signed agreement that is completed on the date of appointment, as follows:

		(1)  The first and final payment of $10,000.00 will be processed upon completion of WOBC for the contracted critical skill.

		(2)  Upon acceptance of the written agreement, the total amount of the bonus payable under the agreement becomes fixed.  No exceptions.

	d.  He stated he understood that at time of signature, an Information Management and Resource Center (iMARC) BCN had been verified, approved and recorded on this incentive addendum by the State Incentive Manager.  He also understood the incentive he was contracting for was invalid without this BCN recorded on this form on this date and he would be held to the term of service of this agreement.  ETP's were not authorized.  No other promises, representation, or commitment had been made in connection with his reenlistment bonus.  He signed and dated this form on 12 January 2011.

	e.  Sergeant (SGT) R____ was listed as the service representative; however, he did not sign or date this form.  Additionally, no witnessing officer was listed.  However, this form does contain the BCN 01101001MTX.

4.  His records contain a Headquarters, U.S. Army Garrison, memorandum, dated 11 January 2011, subject:  Graduation of National Guard WOC, that shows he would graduate from WOC school on 12 January 2011, be discharged from an enlisted status on 11 January 2011, and be appointed as a WO1 on 12 January 2011.

5.  His records contain a DA Form 71 and NGB Form 377 showing he was appointed as a Reserve warrant officer in the TXARNG in the rank of WO1 in MOS 001A (Branch Immaterial) on 12 January 2011.

6.  NGB Special Orders Number 170 AR, dated 27 July 2011, appointed him (initial appointment) as a WO1 effective 12 January 2011.

7.  His records contain an AER showing he completed WOBC on 26 June 2012.

8.  NGB Special Orders Number 204 AR, dated 3 July 2013, withdrew MOS 001A and awarded him MOS 250N with an effective date of 26 June 2012.

9.  He provided a series of email transmissions, subject:  Bonus Agreements.

	a.  In an email transmission to the applicant, dated 14 January 2011, CW3 E____, the Warrant Officer Strength Manager, stated he had attached a bonus agreement for the applicant.  He told the applicant to go through each page and initial all blocks that require initials.  He also stated that once the applicant had completed the packet he should sign page 6 of the form next to his name and email his bonus contract, oath of office, and appointment paperwork to CW3 E____ who would in turn submit his bonus contract to the State for processing.  Later that day the applicant appears to have emailed CW3 E____ the bonus contract.  CW3 E____ replied to the applicant's email immediately and stated, "Don't forget I need your oaths and any other paperwork you have."

	b.  In an email transmission to CW3 E____, dated 25 March 2011, the applicant indicated he was checking on the status of his OAB.  He informed CW3 E____ that he graduated from WOCS on 12 January 2011 and asked how long he could expect to wait to receive his bonus.  CW3 E____ responded to the applicant's email and informed him that his bonus would not be paid until he graduated from WOBC.  CW3 E____ further stated that upon his graduation, his unit would need to submit his AER or DD Form 214 and request payment.

	c.  In an email transmission to CW3 E____, dated 24 August 2012, the applicant attached his WOBC AER and DD Form 214.  He asked CW3 E____ if he was supposed to send these documents to him and, if so, to please consider this his formal submission.  However, if CW3 E____ was not the appropriate point of contact, he requested to be pointed in the correct direction.

	d.  In an email transmission to the TXARNG Incentive Managers (all), SGT M____ (Incentives Branch), CW3 M____, and CW3 L____ (Warrant Officer Recruiter), dated 1 October 2012, the applicant requested an exception to policy for issuance of his critical skill OAB.  He attached the previous email correspondence he had with CW3 E____ regarding his request and the information he had previously received.  He further stated he hoped these email messages would help to unravel the reason why his BCN was never submitted.

10.  He provided an email transmission, subject:  Ascension (i.e., Accession) Bonus Request, to CW3 L____ on 7 September 2012.  The applicant stated that CW3 M____ told him to send his bonus request along with his AER and DD Form 214 to CW3 L____.  He also stated he previously sent his request to CW3 E____, but he did not receive a reply.

11.  He provided a series of email transmissions, subject:  Bonus.

	a.  In an email transmission to the applicant, SGT M____, and CW5 M____, dated 10 September 2012, CW3 L____ stated he had reviewed the applicant's bonus agreement and the iMARC system and discovered that CW3 E____ never processed the applicant's bonus.  He informed the applicant that there was an ETP process in place to fix issues similar to the applicant's which would eventually be forwarded to the Army Board for Correction of Military Records (ABCMR) for consideration.  CW3 L____ stated he had included SGT M____ in the Incentives Branch in the email because he was much more knowledgeable about the process.  He also stated that SGT M____ should be able to help get the issue fixed, but it would be a longer process than just submitting the applicant's bonus paperwork.  Finally, CW3 L____ apologized that the applicant's bonus was not handled properly.

	b.  In an email transmission to CW3 L____, Human Resources Technician, dated 13 January 2013, the applicant stated he was informed that the BCN was not generated with "their computer" and that there was no record of a bonus ever being requested.  He spoke with Sergeant First Class (SFC) R____, the State Incentive Manager, that day after speaking with CW3 L____.  SFC R____ informed the applicant that they could submit an ETP since he did not have a legitimate BCN.  The ETP would be denied in 3-6 months and then they could appeal the denial; however, that would take another 6 months and the appeal may or may not be approved.  The applicant stated he was very concerned that the "ball was dropped" and he may not receive this bonus through no fault of his own.  Lastly, he stated he and his wife planned on this bonus to supplement the loss of income he incurred when he went to WOBC.

	c.  In an email transmission to the applicant, dated 14 January 2013, CW3 L____ stated an ETP would mean that he never signed a contract for an OAB and was therefore trying to get the OAB after the fact.  CW3 L____ advised him that with the current state of the budget, the applicant should not count on the ETP being approved.  CW3 L____ stated the chain of command would still try to make it happen; however, the applicant should understand that he signed/agreed to his contract without the bonus because the appropriate paperwork and BCN were not submitted/requested.

	d.  In an email transmission to CW5 M____, dated 3 February 2013, the applicant stated that CW3 L____ informed him he did not have a signed bonus agreement.  However, he did have all the email and signed documentation between himself and CW3 E____ which stated he did/or should have had a signed agreement with a BCN.  He also stated that CW3 E____ "dropped the ball" and now he did not have a BCN even though he did everything he was instructed to do to get the OAB.

	e.  In an email transmission to the applicant, undated, CW5 M____ told the applicant there was no way he could make an immediate impact on the situation. 
He stated that since becoming the TXARNG CCWO, this had happened numerous times with some of the command’s previous Warrant Officer Strength Managers.  He stated they never grasped the concept of how the bonus program worked.  He informed the applicant that a WOC must sign his/her bonus agreement on the day of graduation from WOCS.  CW5 M____ stated many warrant officers had been failed in the OAB process.  He stated that the other individuals failed by the process had submitted requests for ETP's and been denied relief.  Once an ETP is denied, the ABCMR is the only available avenue.  CW5 M____ assured the applicant that it was not his fault that CW3 E____ failed to get a BCN.

12.  He provided an NGB memorandum, dated 10 July 2013, subject:  Request for ETP for OAB (Applicant), which stated that the applicant's ETP request to retain the $10,000.00 OAB was denied because:

	a.  His contract/bonus addendum contained missing signatures from the witnessing official and service representative which violated ARNG SRIP 10-01.

	b.  His BCN was requested after the date of accession which violated ARNG SRIP 10-01.

13.  ARNG SRIP Guidance for Fiscal Year (FY) 2010, 1 October 2009-30 September 2010 (Policy Number 10-01), dated 20 January 2010, states:

	a.  Paragraph 5 (Eligibility Information) states that bonus addendums will contain an approved iMARC-generated BCN from the Incentive Manager.  The BCN and signatures on the bonus addendums will be completed prior to or on the date of enlistment or reenlistment/extension for the incentive to be valid.  OAB addendums will comply with paragraph 11a(2).  BCN's are only valid for the original request and if approved.  No exceptions will be authorized.  Retroactive eligibility for any incentive offered under this policy is not authorized.

	b.  Paragraph 11 (OAB ($10,000.00)) states the OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that MOS/area of concentration (AOC) or are to be trained in that MOS/AOC.  Paragraph 11a(2) states that in addition to the general eligibility requirements in paragraph 5 of this policy, the Soldier must sign the OAB addendum on the date of his or her appointment.

	c.  Enclosure 2 (SRIP FY10 Critical MOS List for Warrant Officers) lists MOS 250N.

14.  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.  serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

		(1)  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.

		(2)  Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that 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.

		(3)  Paragraph (2)(b) further 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.

15.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve.  Paragraph 1-7 states that Selected Reserve incentives will be offered in designated units and selected skills only when a valid position vacancy exists.  Valid position vacancies are either current or projected from the unit's organization tables.  These tables include TOE/MTOE and TDA/MTDA.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the TXARNG on 12 January 2011 and the bonus addendum he signed was dated that same day.  He was appointed with the belief that he would receive a $10,000.00 accession bonus.  He signed an OAB addendum in good faith that promised him a bonus in exchange for his service commitment.

2.  He corresponded regularly with his State Incentive Manager and believed the State Incentive Manager was properly conducting the business of processing his OAB addendum and acquiring a BCN.  However, his State Incentive Manager failed to sign the paperwork and the applicant was never issued a BCN.

3.  It is evident that several errors were committed by the TXARNG in the processing of the applicant's appointment.  The absence of a BCN and the remaining signatures were not his fault.  He should not be penalized for errors committed by the TXARNG Incentive Manager.

4.  The applicant met all of the requirements he agreed to in his appointment.  He was promised a $10,000.00 bonus and he should be entitled to receive payment of the $10,000.00 bonus.

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 is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

* showing he was issued a valid BCN at the time of his appointment and all signatures were properly rendered
* showing he is entitled to payment of the OAB in accordance with the terms of his addendum
* 
paying him the OAB as specified in his addendum from ARNG funds



      ___________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)                                         AR20130015480



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ABCMR Record of Proceedings (cont)                                         AR20130015480



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