IN THE CASE OF:	  

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130020491 


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, payment of a $10,000 officer accession bonus (OAB) for his appointment as a second lieutenant (2LT) in the Florida Army National Guard (FLARNG).

2.  The applicant states:

   a.  His request for an exception to policy (ETP) for an OAB was rejected due to a missing signature/date and bonus control number (BCN) on the original addendum that was loaded into the interactive Personnel Electronic Records Management System (iPERMS), and an incorrect statement stating he was not authorized to receive the bonus because of the Simultaneous Membership Program (SMP) contract he was on.  
   
   b.  He enlisted in the FLARNG on 10 August 2001 and signed his SMP contract on 16 August 2007.  He later received a commission as an officer in the FLARNG on 8 May 2009.  His records contain an addendum to his contract that offers a $10,000 OAB for officers who filled a critical area of concentration (AOC)/military occupational specialty (MOS).  He has received only half of the promised OAB and is owed the remaining $5,000. 
   
   c.  In part, his OAB Addendum states, “I am being assessed into the ARNG approved critical AOC/MOS of 21B (Combat Engineer) and shall receive a bonus of $10,000 paid in two installments.  The first 50 percent (%) installment will be processed upon completion of Basic Officer Leader Course (BOLC) III and qualification in my critical skill.  The second and final payment of 50% will be processed on the 3rd year anniversary of my agreement. 
   
   d.  He received the first installment of $5,000 on 4 August 2010 and an ETP was initiated to receive the second half of the agreed $10,000 OAB.  The first OAB payment was the only payment he has received.  However, in the Information Management and Reporting Center (iMARC) system it is listed as his second installment.  Due to this error, iMARC shows he received his entire OAB. 
   
   e.  The OAB Addendum contains no date, which may be a reason for the error in iMARC.  The expected date for the receipt of the second half of his OAB was 8 May 2012, 3 years after he accepted his commission and signed his OAB Addendum.  The denial to his ETP stated a signature and date were missing from the OAB Addendum.  However, he was not responsible for verifying this form was filled out correctly.  It was the responsibility of the Reserve Officers’ Training Corps (ROTC) staff to review the paperwork prior to uploading it to iPERMS.  
   
   f.  In addition, the denial stated it was a violation to be on an SMP contract and receive the OAB.  However, ARNG Selective Reserve Incentive Policy (SRIP) 07-06 stated, "Applicants enlisting under the Officer Candidate School (OCS) enlistment option or who are contracted in the SMP/Reserve Officers’ Training Corps (ROTC) are not authorized any incentives with the exception of the OAB (upon commissioning)” (emphasis added).  It appears the National Guard Bureau (NGB) made an error and the reason cited was not correct.  
   
   g.  Therefore, he is authorized an OAB and the only factor hindering him from receiving his bonus is because of a paperwork error that he had absolutely no control over.

3.  The applicant provides:

* two memoranda, dated 30 April 2009 and 23 September 2013 
* DA Form 71 (Oath of Office - Military Personnel), dated 8 May 2009
* NGB 337 (Oaths of Office), dated 8 May 2009
* Written Agreement - OAB Addendum, undated
* NGB 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer (WO) and Appointment as a Reserve Commissioned Officer or WO of the Army in the ARNG of the United States), undated
* Orders, dated 30 June 2009
* Enlistment/Reenlistment Agreement ARNG - Service Requirements and Methods of Fulfillment, dated 21 August 2007
* DD Form 203-R (Guaranteed Reserve Forces Duty (GRFD) Scholarship Cadet Contract Endorsement), dated 21 August 2007
* NGB 594-1 (ARNG SMP Agreement), dated 17 August 2007

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a 2LT U.S. Army Reserve officer in the FLARNG and he executed an oath of office on 8 May 2009.

2.  The applicant provides and his records contain:

   a.  An OAB Addendum, undated, wherein it stated that in connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve "I agree to serve in the AOC/MOS 21B which is a critical officer skill and is designated for bonus entitlement by the Secretary of Defense or his delegate…and shall receive a bonus of $10,000 paid in two installments.  The first 50% installment will be processed upon completion of BOLC III.  The second and final payment of 50% will be processed on the 3rd year anniversary of his agreement."  

	b.  The applicant and a service representative signed the OAB Addendum (emphasis added); however, the OAB Addendum is not dated, a witnessing officer did not sign the form, and a BCN was not entered on the form.  

3.  Orders 189-049, dated 30 June 2009, issued by Departments of the Army and Air Force Florida National Guard, Saint Augustine, FL, appointed the applicant as a 2LT Engineer (EN) Corps Reserve officer, effective 8 May 2009, in AOC 21B. 

4.  He attended and successfully completed the EN BOLC from 6 January to 16 April 2010.  He was promoted to first lieutenant on 8 November 2010.  AOC 21B was subsequently changed to AOC 12B.

5.  The applicant also provides a memorandum to the State Incentive Manager, FLARNG from the NGB, dated 23 September 2013, wherein the request for an ETP for the applicant to retain a $10,000 OAB was denied.  The NGB official stated:

	a.  [The Applicant's] OAB Addendum contained missing signatures and dates from the witnessing official or service representative which violated ARNG SRIP 07-06 (10 August 2007 to 28 February 2009).  [The Applicant] was the only individual who signed the addendum and there were no dates.

	b.  [The Applicant] signed the addendum while on the SMP scholarship which was not authorized and which violated ARNG SRIP Policy 07-06.  He may file a claim with the Army Board for Correction of Military Records if he believes an injustice still exists.

6.  ARNG SRIP Policy Guide for FY07, 08, 09, and 10, stated, in part:

	a.  To qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer and the Addendum must contain a bonus control number.  The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of the enlistment contract, bonus addendum, critical skill, bonus unit eligibility, valid position vacancy, and required educational level.

	b.  Applicants enlisting under the OCS enlistment option or who are contracted in the SMP/ROTC are not authorized any incentives with the exception of the OAB (upon commissioning). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was appointed as an FLARNG 2LT EN Corps officer in the critical AOC of 12B and he executed an oath of office on 8 May 2009.  It appears an OAB Addendum was executed for the applicant for an OAB of $10,000 in critical AOC 12B at the time of his appointment.  

2.  However, through no fault of his own, his OAB was executed without the signature of the witnessing official, undated, and without a valid BCN to authorize the bonus.  As he acted in good faith and met all requirements he agreed to in his appointment, he should not be penalized for errors committed by recruiting officials and he should be entitled to receive payment of the $10,000 OAB.

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 and Army National Guard records of the individual concerned be corrected by:

   a.  showing the applicant, the service representative, and the witnessing officer all signed his OAB Addendum on 8 May 2009 for the bonus in the amount of $10,000 with a valid bonus control number;

   b.  showing he is eligible for payment of the OAB in accordance with the terms of his addendum contract; and

   c.  paying him, from Army National Guard funds, the bonus as specified in his addendum contract.



      _______ _  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)                                         AR20130020491





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ABCMR Record of Proceedings (cont)                                         AR20130020491



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