BOARD DATE:	    5 August 2014

		DOCKET NUMBER:  AR20130021460


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 his records to show he is entitled to a $10,000 officer accession bonus (OAB).

2.  The applicant states:

   a. The first reason his bonus was rejected was because his incentive addendum was signed after the accession/appointment date, which violated the Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) policy for fiscal year 2011 (FY11).  He states his incentive addendum was signed before his accession/appointment date; however, it was later lost so he had to sign it again, which made it late.

   b. The second reason his bonus was rejected was because he did not become qualified in the contracted area of concentration (AOC), which violated the ARNG SRIP policy for FY11.  He states he is not allowed to become qualified in the contracted AOC until he attains the rank of captain (CPT), and he is currently serving as a first lieutenant (1LT), so this qualification is not attainable because of his rank.

   c. The third reason his bonus was rejected was because he was not serving in the contracted AOC, which violated the ARNG SRIP policy for FY11.  He states he was taken out of the slot [he contracted for] because his command needed an eligible Soldier to attend the [AOC 53A (Information Systems Management Officer)] course; his rank prevented him from attending.  His unit positioned him in a platoon leader slot, which is great for career progression.
   d. The reasons he was denied his bonus were all beyond his control, and because of that, he should not be punished by not being allowed to receive his bonus.

3.  The applicant provides:

* Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, signed by the applicant on 20 September 2011
* a memorandum from the Missouri ARNG (MOARNG), addressed to the National Guard Bureau (NGB) on 29 May 2012, subject: Request for Manual Bonus Control Number (BCN) – 2LT (second lieutenant) [Applicant], 2230
* Orders 183-027, issued by Headquarters, MOARNG on 2 July 2013
* Special Orders Number 204 AR, issued by NGB on 14 August 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the MOARNG.

2.  On 20 July 2011, prior to his impending appointment, he was counseled by an officer of the MOARNG, who advised him that he was not eligible for a $10,000 OAB, due to the fact that his AOC [25A (Signal Officer )] was not on the accession bonus list.  The applicant and his counselor both signed a statement attesting to his understanding of this fact.

3.  On 12 August 2011, he was appointed as a Reserve commissioned officer of the Army, in the rank of 2LT, and he signed an oath of office.  On this same date, he executed the Oaths of Office for appointment in the MOARNG.

4.  On 20 September 2011, he completed a Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, wherein he requested a $10,000 OAB for being appointed in [AOC] 53A.  He acknowledged the eligibility, suspension, termination and recoupment terms contained within the SRIP.  His signature on the form was witnessed by another commissioned officer, who also signed the addendum.  A BCN does not appear on the form.

5.  Orders 265-111, issued by the MOARNG on 22 September 2011, appointed him as a 2LT in the MOARNG, in the systems automation basic branch, effective 17 December 2010.

6.  Orders 269-101, issued by the MOARNG on 26 September 2011, amended his effective date of appointment in the MOARNG from 17 December 2010 to   12 August 2011.  
7.  On 9 November 2011, he entered active duty at Fort Gordon, GA, for the purpose of attending the Signal Basic Officer Leader Course (BOLC).  On         16 March 2012, upon completion of the Signal BOLC, he was honorably released from active duty and returned to the control of the MOARNG. 

8.  On 16 March 2012, the MOARNG awarded him 25A as his primary AOC.

9.  Special Orders Number 178 AR, issued by NGB on 16 May 2012, announced the Federal recognition of his appointment in the MOARNG, effective 12 August 2011.

10.  On 29 May 2012, his immediate commander submitted a memorandum to NGB, wherein he requested the issuance of a manual BCN to authorize the applicant's OAB.  In this memorandum, his commander stated: 

* the applicant was erroneously counseled that his AOC was not eligible for the OAB
* the applicant contacted CPT Mxxxxx, an Officer Strength Manager, requesting a letter of acceptance (LOA) for appointment as a Signal Corps officer in AOC 25A, the branch he was to be assigned as indicated on his Department of the Army appointment letter
* CPT Mxxxxx informed him that AOC 25A was not a qualifying AOC for the OAB, and had the applicant sign a statement acknowledging that fact
* during the search for a valid LOA, it was determined that there were no 25A vacancies available; however, CPT Mxxxxx was able to obtain an LOA for a 53A position
* CPT Mxxxxx completed the accession packet without noting that AOC 53A was a qualifying AOC for the OAB – on 20 September 2011, he forwarded the accession packet to Quality Control for submission to the officer branch for appointment 

The applicant's record is void of documentation that documents NGB's official response to his commander's request. 

11.  Orders 193-118, issued by the MOARNG on 12 July 2013, assigned him to his duty position as a platoon leader (AOC 25A), effective 1 June 2013.

12.  On 8 July 2013, the applicant was promoted to the rank of 1LT.

13.  On 27 February 2014, in the processing of this case, an advisory opinion was provided by the Chief, Officer Division, Directorate of Military Personnel Management, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army (HQDA).  This official recommended disapproval of the applicant's request for relief, stating the following:

   a. In order to be eligible for the Selected Reserve (SELRES) OAB as a commissioned officer, an individual in the ARNG must meet the HQDA eligibility criteria and be appointed in a critically short AOC listed in the current ARNG SRIP announcement, in effect on the dated the individual makes application for appointment as an officer, or in effect on the date of signature on the bonus agreement.  A review of the ARNG SRIP in effect at the time the applicant was appointed in the MOARNG (12 August 2011), indicates AOC 53A was eligible for a bonus; however, 53A is not an accession AOC, rather, it is the sole AOC within Functional Area 53 (Information Systems Management).  The Army does not commission officers in a functional area at the grade of 2LT; they must be initially appointed in a basic branch.

   b. Since 53A is an AOC within a functional area that officers may only be assigned to at the grade of CPT, the MOARNG erroneously commissioned him in that AOC.  This was confirmed by Department of the Army Pamphlets (DA PAM) 600-3 (Commissioned Officer Professional Development and Career Management) and 611-21 (Military Occupational Classification and Structure).  

   c. It should be noted that 1LT [Applicant] was properly designated in a basic branch (Signal Corps) in AOC 25A on 16 March 2012.  There is no evidence that the MOARNG has amended his initial appointment order to reflect he was commissioned in a basic branch yet.

14.  On 4 March 2014, the applicant was provided a copy of the advisory opinion for his information, and to give him the opportunity to submit comments or a rebuttal; however, he did not respond.

15.  ARNG SRIP Policy Number 11-01, dated 25 July 2011 and effective             1 August 2011, prescribes the eligibility criteria, procedures, and standards for administering the SRIP for fiscal year 2011.  It supersedes all previous SRIP policies, guidance, instructions, and messages.  Enclosure 6 (Officer Accession Critical Skill List) shows that AOCs 25A and 53A were both qualifying AOCs for the OAB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his entitlement to a $10,000 OAB was carefully considered.

2.  The evidence of record and the HQDA advisory opinion confirm:

* the applicant was appointed as a Reserve commissioned officer of the Army as a signal officer in AOC 25A
* the MOARNG erroneously appointed him as a systems automation officer in AOC 53A, in order to facilitate his rapid assignment into an area vacancy
* he was not authorized appointment as a 53A, since this is the sole AOC within Functional Area 53, and this functional area is closed to newly-appointed lieutenants

3.  On 20 September 2011, the applicant completed an OAB addendum based on the guidance of a senior officer of the MOARNG, who was entrusted to properly manage the appointment process for new officers in the MOARNG.  Seeking an expeditious appointment, he followed the guidance of his superior officer.  Through no fault of his own, his OAB was executed with all the appropriate signatures but without a valid BCN to authorize the bonus.  

4.  The applicant completed the Signal BOLC for AOC 25A, was awarded 25A as his primary AOC effective 16 March 2012, and was assigned to a 25A, platoon leader position, effective 1 June 2013.

5.  ARNG SRIP Policy Memorandum 11-01 authorizes the OAB for officers in AOCs 25A and 53A.  

6.  In good faith, the applicant entered into an agreement to receive an OAB.  Despite meeting the eligibility criteria to receive an OAB for AOC 25A, which he was originally appointed as and for which he attended the Signal BOLC, it appears the MOARNG improperly appointed him as a 53A, thereby calling into question his entitlement to an OAB since AOC 53A is not open to newly-appointed lieutenants.  

7.  The applicant should not be penalized for errors committed by MOARNG officials.  Since he has met all requirements he agreed to in his appointment, he should be entitled to an OAB in the amount of $10,000.  His record should be corrected to show he was appointed as a 25A, and that he signed a valid bonus addendum for an OAB in AOC 25A, and that bonus addendum was properly witnessed and contained a valid BCN.






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

* further amending Orders 265-111, issued by the MOARNG on                22 September 2011, to show he was appointed as a Signal Corps officer in AOC 25A
* amending his OAB addendum to show he qualified for a $10,000 OAB, for AOC 25A, by signing and dating a properly-prepared OAB agreement containing a valid BCN
* showing he is entitled to payment of the bonus in accordance with the terms of his commissioning addendum
* paying him all installments of the OAB from Army National Guard 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)                                         AR20130021460




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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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