BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20140000266 


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 Accession Bonus (OAB) of $10,000.00 in accordance with Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance Policy Number 10-01.

2.  She states she was eligible for an OAB upon graduating from the Warrant Officer Basic Course (WOBC).  Improper procedures were followed by the retention officer, Chief Warrant Officer Three (CW3) E____, when requesting the bonus control number (BCN) which resulted in denial of payment due to no fault of her own.  CW3 E____ had her sign an Officer/Warrant Officer Accession Bonus Addendum during the Warrant Officer Candidate School and told her she would receive her copy after he obtained the BCN.  CW3 E____ submitted a request for issuance of a manual BCN from the National Guard Bureau (NGB); however, it was submitted after the date of accession and he also failed to sign and date the addendum as the witnessing official.  As a result, she was denied entitlement to the OAB.  She was unaware of CW3 E____'s actions at the time.  She fulfilled her obligation and has been denied an OAB due to no fault of her own.

3.  The applicant provides:

* Written Agreement Officer/Warrant Officer Accession Bonus Addendum
* NGB Form 337 (Oaths of Office)
* DA Form 1059 (Service School Academic Evaluation Report)
* email correspondence
* 
DD Form 214 (Certificate of Release or Discharge from Active Duty)
* denial of her request for an exception to policy to receive the bonus

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service in the ARNG, the applicant was accepted into the Warrant Officer Flight Training Program.

2.  On 12 January 2011, the applicant:

	a.  graduated from WOCS;

	b.  was appointed as a warrant officer one (WO1) in both the U.S. Army Reserve and the Texas ARNG (TXARNG) and executed oaths of office on a DA Form 71 (Oath of Office – Military Personnel) and an NGB Form 337, respectively; and

	c.  completed and signed a written OAB agreement to serve in the ARNG under the SRIP for a $10,000.00 bonus for military occupational specialty (MOS) 152H (AH-64D (Apache Longbow) Attack Helicopter Pilot) which was a critical officer/warrant officer skill and was designated for bonus entitlement by the Secretary of Defense.  She acknowledged she would receive a $10,000.00 bonus paid in one lump sum upon successful completion of WOBC.  In addition to the applicant's dated signature, the document bears the names of an enlisted service representative, a witnessing officer, and a BCN.  However, neither the enlisted representative nor the witnessing officer signed the form.

3.  On 23 August 2012, the applicant:

	a.  graduated from WOBC and was awarded MOS 152H and

	b.  was extended Federal recognition as a WO1 in MOS 152H.

4.  The applicant provides email correspondence between her, another recent WOBC graduate, an officer recruiter/strength manager for the TXARNG, and a Reserve Component Career Counselor between 7 September 2012 and 24 September 2013.  The topic of the email was the status of her OAB based upon her successful completion of WOBC.  She was advised that CW3 E____ had failed to properly submit her documentation, but they would attempt to resolve the situation.

5.  On 10 July 2013, the NGB ARNG Deputy G-1 denied the request for an exception to policy for the applicant to retain the $10,000.00 OAB offered at the time of the applicant's completion of WOBC on 23 August 2012.  The Deputy G-1 cited two reasons for denial of the exception to policy:

	a.  The applicant's contract/bonus addendum is missing signatures and dates from the witnessing official and service representative which violates ARNG Policy Number 10-01.

	b.  The applicant's BCN was requested after the date of accession which violates ARNG Policy Number 10-01.

6.  The iteration of the ARNG SRIP Guidance for Fiscal Year 2010, dated 20 January 2010, initially governed ARNG incentives for contracts written between 1 May and 30 September 2010 and was subsequently extended on 28 September 2010 to remain in effect until 31 December 2010.  This guidance lists the eligibility criteria for the $10,000 OAB in paragraph 11.  It states the OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that area of concentration (AOC) or MOS.  The criteria also stipulated that the Soldier must sign the OAB addendum on the date of appointment or commission.

7.  NGB Policy Number 07-06, dated 10 August 2007, subject:  ARNG SRIP Guidance for Fiscal Years 2007, 2008, 2009, 2010, and 2011, with updates, provided the general criteria for the OAB.  The ARNG offered two OAB's (one of which was paid in a lump sum with the other paid in two installments of 50 percent each).  Requirements to be met by officers included:

* agreeing to serve for a period of not less than 6 years in an active drilling status to receive a $10,000.00 bonus
* agreeing to serve in a critical skill AOC or MOS for the full length of the incentive contract term
* signing the OAB Addendum on the date they accept their appointment
* successfully completing the Basic Officer Leadership Course/WOBC in their designated AOC/MOS within 36 months of the date of their appointment

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be paid an OAB in the amount of $10,000.00 in conjunction with her appointment in the TXARNG was carefully considered and shows merit.

2.  All parties concerned acknowledge the applicant was advised by ARNG recruiting representatives that she would receive the bonus in exchange for a 
6-year service obligation in a critical MOS.  Under the advisement of the recruiters, the applicant executed a written agreement to serve in a critically-short MOS.

3.  Upon completion of WOBC, the applicant submitted a request for payment of the bonus which was subsequently denied due to the facts that her bonus addendum was missing signatures and dates from the witnessing official and service representative and the BCN was requested after the date of her accession.

4.  The evidence clearly supports the applicant's contention and shows an administrative error occurred on the part of the recruiting staff which was due to no fault of the applicant.

5.  There is no law or Department of the Army policy that either requires an applicant to sign a bonus addendum on a specific date in order to be eligible for receipt of the bonus or that precludes Reserve Component officers from applying for a Selected Reserve OAB after appointment/commissioning.  

6.  The available evidence shows the applicant fulfilled the requirements of her written agreement, did absolutely nothing wrong, upheld her end of the bargain, and continues to serve in the TXARNG.  Therefore, it would serve the interest of equity and justice to grant her the OAB in the amount of $10,000.00 according to the parameters of the ARNG SRIP Guidance for Fiscal Year 2010.  Relief should be granted in this case by:

	a.  appropriately amending her Written Agreement – Officer/Warrant Officer Accession Bonus Addendum in accordance with the prescribed policy in effect at the time she executed her oath of office in the TXARNG on 12 January 2011; and

	b.  paying her the amount of $10,000.00, the total amount of the bonus to which she is entitled, in accordance with Title 10, U.S. Code, section 1552, and Title 37, U.S. Code, section 308j.

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:

	a.  showing she and all appropriate officials properly executed and signed an OAB Addendum on the date of her appointment/commissioning and is, therefore, fully entitled to payment of the bonus in accordance with the terms of her written agreement and

	b.  paying her the amount of $10,000.00, the total amount of the bonus, out of ARNG funds as a result of this correction.




      ___________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)                                         AR20140000266



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ABCMR Record of Proceedings (cont)                                         AR20140000266



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