BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20140003527
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 that the signature date be changed on his Written Agreement - Officer Accession Bonus (OAB) Acknowledgement.
2. He states that during his application for direct commission, he was offered a signing bonus, which he elected to receive. He was sent the paperwork by his recruiter, which he filled out as instructed. The paperwork was included in his commissioning package, processed, and approved. When he submitted for payment of the bonus after completing the Basic Officer Leader Course (BOLC), he was informed payment could not be processed because the agreement's signing date was prior to the signing date of his DA Form 61 (Application for Appointment). He was not informed of this requirement, and he did everything according to the instructions provided by his recruiter. As such, he requests a change of date on his OAB agreement to post-date the DA Form 61.
3. He provides a self-authored memorandum and documents identified in a list of attachments.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the U.S. Army Reserve (USAR) as a commissioned officer in the Chaplain Branch in area of concentration (AOC) 56A (Command and Unit Chaplain).
2. He provides a Written Agreement - OAB Acknowledgement that was signed by him, a service representative, and a witnessing officer on 22 June 2011. The document shows he agreed to accept appointment as a Reserve officer in a critical officer skill designated for bonus entitlement by the Secretary of the Army and to serve in the Selected Reserve for a period of 6 years. He was to be paid a $10,000 bonus upon completion of the Chaplain BOLC.
3. A DA Form 61 (Application for Appointment) shows he signed his application for appointment as a Reserve commissioned officer in the Chaplain Branch on 18 July 2011.
4. On 27 January 2012, he accepted appointment as a Reserve commissioned officer in the Chaplain Branch in AOC 56A and took the oath of office.
5. A DA Form 1059 (Service School Academic Evaluation Report), dated 16 August 2013, shows he completed the Chaplain BOLC.
6. He provides e-mail correspondence, dated 22 and 25 November 2013, showing his OAB could not be processed because the Written Agreement - OAB Acknowledgement was signed prior to his DA Form 61.
7. During the processing of this case, the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion.
a. The advisory official states that under USAR Selected Reserve Incentive Program (SRIP) policy, an applicant must sign the OAB agreement on the same date as the DA Form 61. This enables the responsible USAR officer recruiter to ensure the applicant is appointed in a bonus-eligible AOC. This also prevents the applicant from being presented with and signing an agreement that is later without force if the applicant is commissioned in an AOC that is not eligible for the bonus. However, there is no prohibition in Headquarters, Department of the Army (HQDA) policy that precludes an applicant from signing the OAB agreement before signing the DA Form 61.
b. The advisory official recommends disapproving the applicant's request to change the date of the OAB agreement and approving his receipt of the OAB as he was otherwise qualified for the bonus when he was commissioned.
8. The applicant was provided a copy of the advisory opinion for review and comment. He did not respond in the time allotted.
DISCUSSION AND CONCLUSIONS:
1. The advisory official has confirmed that the only thing preventing payment of the applicant's OAB is the fact that his Written Agreement - OAB Acknowledgement was not signed on the same date as his DA Form 61. The advisory official also states that the requirement that these documents be signed on the same date is established in USAR SRIP policy, but there is no prohibition in HQDA policy that precludes an applicant from signing the OAB agreement before signing the DA Form 61.
2. The advisory official recommends disapproving the applicant's request to change the date of the OAB agreement and, in effect, correcting his record to show an exception to policy (ETP) was granted authorizing his receipt of the OAB.
3. In light of the available evidence, it would be appropriate to grant the relief recommended by the advisory official.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X______ ___X_____ _X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an ETP was granted authorizing his receipt of the OAB.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the date his Written Agreement - OAB Acknowledgement was signed.
___________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) AR20140003527
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ABCMR Record of Proceedings (cont) AR20140003527
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