IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130016232
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 her Written Agreement - Officer Accession Bonus (OAB) Acknowledgment to show the signatures on the form were dated.
2. She states a Retention Noncommissioned Officer failed to review her OAB agreement to ensure it was properly dated before it was submitted.
3. She provides documents identified in a list of attachments.
CONSIDERATION OF EVIDENCE:
1. On 23 November 2010, while serving in an enlisted status in the Regular Army, the applicant applied for appointment as a commissioned officer in the U.S. Army Reserve (USAR). On 5 May 2011, she accepted appointment as a USAR second lieutenant in the Transportation Corps.
2. On 18 June 2011, she took the oath of office as a second lieutenant in the Army of the United States.
3. Her record contains a Written Agreement - OAB Acknowledgment showing she acknowledged she met the eligibility criteria to receive a $10,000.00 accession bonus to be paid in one lump sum upon her successful completion of the Officer Basic Course (now known as the Basic Officer Leader Course (BOLC)). The document was signed by a service representative, the applicant, and a witnessing officer. None of the signatures are dated.
4. A DA Form 1059 (Service School Academic Evaluation Report) shows she completed Transportation BOLC 12-005 on or about 3 August 2012. The form shows her area of concentration (AOC) as 88A (Transportation, General).
5. In an undated memorandum, subject: Exception to Policy (ETP) for [Applicant], the Acting Chief, Manning Division, U.S. Army Reserve Command, Fort Bragg, NC, denied a request for an ETP to authorize payment of an OAB to the applicant. The decision authority stated the undated Written Agreement - OAB Acknowledgment could not be considered official since the date of signature determines eligibility for the bonus.
6. During the processing of this case, on 12 November 2013, the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion. The advisory recommends approval of the applicant's request.
a. The advisory official states that to be eligible for the Selected Reserve OAB, an individual must meet Headquarters, Department of the Army, eligibility criteria and be commissioned in a critically-short AOC listed in the USAR Selected Reserve Incentive Program (SRIP) announcement in effect on the date the individual makes application for appointment and/or is commissioned.
b. The advisory official states a review of the USAR SRIP in effect when the applicant was commissioned indicates AOC 88A was eligible for the OAB.
7. The applicant was provided a copy of the advisory opinion for review and comment. She did not respond within the time allotted.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the only reason she was not paid her OAB was that the signatures on her Written Agreement - OAB Acknowledgment were not dated. This is not a sufficient basis for denying payment of an incentive for which she is otherwise eligible. It would be appropriate to correct her Written Agreement - OAB Acknowledgment to show it was signed by a service representative, the applicant, and a witnessing officer on 5 May 2011, the date the applicant accepted her appointment in the USAR. As a result of this correction, she should be paid the OAB in accordance with her agreement.
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 correct her Written Agreement - OAB Acknowledgment to show it was signed on 5 May 2011 and paying her the OAB in accordance with the agreement.
_______ _ __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) AR20130016232
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016232
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