IN THE CASE OF:  

		BOARD DATE:  18 February 2014

		DOCKET NUMBER:  AR20130020420 


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 an Officer Affiliation Bonus (OAFB) in the amount of $10,000.00.  He also requests a personal appearance before the Board.

2.  He states:

	a.  He assumed that once he entered the Army National Guard the affiliation bonus would be processed.  Later he was told that he needed to switch to area of concentration (AOC) 18A (Special Forces) to fill a valid vacancy in the company to which he was assigned and that he would have to wait until he finished the Special Forces Qualification Course to receive the OAFB.

	b.  Once he finished the course and was able to switch his AOC, he was denied the bonus because he did not make the AOC change within 24 months of joining the Army National Guard.  On average, the Special Forces Qualification Course takes roughly 24 months to complete.

3.  He provides copies of:

* discharge orders, dated 26 February 2012
* Written Agreement – OAFB Addendum, dated 27 February 2010
* email in reference to his bonus
* National Guard Bureau (NGB) memorandum denying an exception to policy (ETP) request, dated 16 July 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve Signal Corps second lieutenant on 18 December 2004.

2.  He was ordered to active duty and assigned to the 1st Signal Command in Korea effective 10 July 2005.

3.  His DA Form 4037 (Officer Record Brief) shows he served as a Regular Army commissioned officer and was promoted to captain (CPT).

4.  Orders show he was discharged effective 26 February 2010.

5.  He executed the oaths of office as a CPT in the Illinois Army National Guard (ILARNG) on 27 February 2010.  In conjunction with his appointment in the ILARNG, a Written Agreement – OAFB Addendum was completed.

	a.  He agreed to serve in the Selected Reserve in AOC 25A (Signal) which was a critical officer skill designated for bonus entitlement by the Secretary of the Army.  He also agreed that he would serve satisfactorily in the Selected Reserve for the complete affiliation period according to the written agreement and in the critical skill, unit, or grade in which affiliated, unless excused for the convenience of the government.

	b.  He indicated that if he was not currently qualified in the AOC, he agreed to complete the AOC training within 24 months of his affiliation date.

	c.  He agreed to serve in the Selected Reserve for at least 3 years in the critical AOC, the full period of the agreement.

	d.  He initialed showing he was affiliating into the NGB-approved critical skill 25A and would receive a bonus of $10,000.00 paid in two installments.  The first 50-percent installment would be processed upon in-processing with the ARNG unit of affiliation or upon completion of AOC training and qualification, if applicable.  If he was affiliating in a critical AOC for which he was not currently qualified, he understood his initial payment would not be processed until he became qualified in that critical AOC.

	e.  The agreement also shows a bonus control number was assigned and this document was authenticated by the applicant, a service representative, and a witness on 27 February 2010.

6.  The applicant provided a memorandum from the NGB Deputy G-1, dated 16 July 2013, subject:  Request for ETP for OAFB (Applicant), showing his ETP to retain the $10,000.00 bonus was denied because he was not serving in the AOC for which he contracted.  He contracted in AOC 25A and was serving in AOC 18A.

7.  He also provided email that shows his correspondence with officials at Fort Carson, Colorado, and the ILARNG concerning his OAFB.

8.  Title 37, U.S. Code, section 308j, provides the legal authority to provide an affiliation bonus to officers in the Selected Reserve.  It states the Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the Armed Forces who enters into an agreement with the Secretary to serve for the period specified in the agreement in the Selected Reserve of the Ready Reserve of an Armed Force under the Secretary's jurisdiction in a critical officer skill.  It further states that upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed.  The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be paid an OAFB in the amount of $10,000.00.

2.  The available evidence shows the applicant contracted to serve in the Selected Reserve in AOC 25A for 3 years.

3.  There is no evidence showing the applicant was directed to change his AOC from 25A to 18A.

4.  The NGB memorandum denying an ETP shows he was not eligible for the bonus because he was serving in AOC 18A, not 25A as contracted.

5.  In view of the above his request should be denied.

6.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20110010464



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ABCMR Record of Proceedings (cont)                                         AR20130020420



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