IN THE CASE OF:	  

		BOARD DATE:	  25 June 2014

		DOCKET NUMBER:  AR20140008156 


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 the Officer Accession Bonus (OAB) in the Delaware Army National Guard (DEARNG).  

2.  The applicant states:

* the correct copy of the OAB Addendum was discovered after the denial of his exception to policy by the National Guard Bureau (NGB)
* the incomplete addendum was initially provided in the Guard Incentive Management System for payment submission
* the Officer Strength Manager, who also was the witnessing official, discovered the correct addendum
* after the correct addendum was submitted, another discrepancy was discovered in relation to the area of concentration (AOC)
* the correct addendum states the AOC is 88D (Motor/Rail Transportation); however, his current AOC is 88A (Transportation - General) 
* the DEARNG did not have any 88Ds on its authorized manning documents 
* he completed the Basic Officer Leader Course (BOLC) and has fulfilled the intent of the bonus by filling a critical position with the DEARNG Transportation unit
* he deployed to Afghanistan from 2011 to 2012 and he should not be penalized for administrative errors

3.  The applicant provides:

* NGB denial of exception to policy memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of completion of the Transportation BOLC
* Written Agreement (incomplete)
* Second Written Agreement (partially signed)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army in the DEARNG and executed an oath of office on 3 October 2009.

2.  On appointment, he was assigned to the 160th Engineering Company (Vertical), Middleton, DE.  His branch is listed as "Engineer Corps." 

3.  On 20 January 2010, he was reassigned to the 1049th Transportation Company, Seaford, DE, as a platoon leader. 

4.  He entered active duty on 13 July 2010 and successfully completed the Transportation BOLC from 14 July to 2 November 2010.  He was honorably released from active duty on 2 November 2010. 

5.  On 23 March 2011, the DEARNG awarded him AOC 88A and designated his branch as "Transportation Corps."

6.  He was promoted to first lieutenant on 3 April 2011 and to captain on 3 July 2013. 

7.  On 4 May 2011, the NGB published Special Orders 101 AR extending him Federal recognition for branch transfer from the Engineer Corps to the Transportation Corps effective 26 April 2011. 

8.  He entered active duty on 25 May 2011 and subsequently served in Afghanistan with the 1049th Transportation Company from 12 July 2011 to 7 May 2012.  He was honorably released from active duty on 6 July 2012. 

9.  On 26 September 2011, the applicant's unit personnel sergeant submitted an exception to policy for payment of the applicant's OAB.  He stated the agreement that was processed was incomplete.  The correct copy was being submitted and the applicant should not be penalized since the incomplete paperwork was no fault of his. 

10.  On 3 October 2011, he submitted, through the State Incentive Manager, an exception to policy for payment of the OAB that was due on 3 October 2009.  The exception memorandum stated that the addendum was not signed and the AOC was not listed.  On 19 July 2011, the State Incentive Manager submitted his request through the system but was rejected due to lack of signatures and AOC. The applicant has completed BOLC and should not be penalized for the administrative errors committed by State recruiting officials.  It also appears with this submission he submitted two Written Agreements as follows: 

	a.  The first Written Agreement was signed by him on 3 October 2009.  He indicated he was being accessed into the NGB approved critical skill of (blank) and shall receive a bonus of $10,000 to be paid in two installments, 50 percent upon completion of BOLC and the second 50 percent on the third anniversary.  This agreement is not signed by a service representative or a witnessing official.  It also does not contain a Bonus Control Number. 

	b.  The second Written Agreement was signed by him on 3 October 2009.  He indicated he was being accessed into the NGB approved critical skill of 88D, which is a critical officer skill designated for bonus entitlement by the Secretary of Defense or his delegate, and shall receive a bonus of $10,000 to be paid in two installments, 50 percent upon completion of BOLC and the second 50 percent on the third anniversary.  This agreement is signed by a service representative and a witnessing official, but it does not contain a Bonus Control Number. 

11.  On 31 July 2012, the NGB denied his exception to policy request.  An NGB official stated the exception to policy to retain the $10,000 incentive is denied and the State Incentive Manager will invalidate the contract with no payment authorized.  He stated: 

	a.  In accordance with ARNG Selected Reserve Incentive Program Guidance with updates (effective 10 August 2007 to 15 June 2010), eligible applicants were offered the OAB.  

	b.  The applicant was commissioned in the DEARNG in the critical AOC 21B (Combat Engineer).  The OAB agreement he submitted did not contain an AOC and was missing both the witnessing officer and service representative signatures.  

	c.  Upon further communication with the DEARNG, there were several other attempts to submit an OAB addendum that contained numerous inconsistencies with the signature and the AOC in which he was originally commissioned.  Therefore, the validity of the OAB agreement cannot be substantiated and the incentive cannot be granted. 
12.  NGB Policy Number 07-06, in the form of a memorandum, subject:  SRIP Guidance for Fiscal Year (FY) 2007, 10 August 2007 to 31 March 2008, dated
10 August 2007 with updates, provides for Officer Accession/Affiliation Bonus Options.  It states that: 

	a.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical Unit Identification Code (UIC).  Additionally, officers and warrant officers must serve in a critical AOC vacancy within their chosen UIC.  The Critical UIC OAB will be paid in a lump-sum payment upon successful completion of the Officer Basic Course (OBC) or warrant OBC (WOBC) as applicable.  

	b.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a Modified Table of Organization and Equipment (MTOE) unit.  Additionally, officers and warrant officers must serve in a valid AOC vacancy within their chosen UIC.  The MTOE OAB will be paid in two 50 percent installments.  The first 50 percent installment ($5,000.00) will be paid upon successful completion of OBC/WOBC, as applicable, and the second 50 percent installment will be processed for payment on the third year anniversary of commission or appointment.

13.  Army Regulation 135-7 establishes a single reference for incentives authorized within the ARNG and the Army Reserve.  Paragraph 1-7 states that Selected Reserve incentives will be offered in designated units and selected skills only when a valid position vacancy exists.  Valid position vacancies are either current or projected from the unit's organization tables.  These tables include Tables of Organization and Equipment, Tables of Distribution and Allowances, MTOE, and Modification Table of Distribution and Allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the DEARNG as a combat engineer on 3 October 2009.  His records do not contain a Written Agreement in connection with this appointment.  However, he provides two agreements.  The first is missing the AOC, signatures, and a Bonus Control Number, while the second contains the AOC of 88D and is signed but missing the Bonus Control Number. 

2.  Based on available evidence, it is clear the applicant intended to commission as a Transportation Officer (88A).  This AOC was designated as a critical AOC for the DEARNG at the time of his appointment.  

3.  It is equally clear that several errors were committed in the processing of his OAB.  He should not be penalized for errors committed by the DEARNG, the State Incentives Manager, or NGB.  He executed the written agreement in good faith, he completed BOLC, and only the errors of others denied him the payment of his hard-earned bonus.

4.  The applicant met all of the requirements he agreed to in his Written Agreement – OAB Addendum and therefore he should be entitled to receive payment of the bonus.

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 to show:

* the 3 October 2009 Written Agreement – OAB Addendum, was properly prepared in AOC 88A with appropriate signatures and a Bonus Control Number 
* the applicant was appointed in a critical skill upon his appointment in the DEARNG for an OAB in the amount of $10,000.00
* the applicant is eligible for payment of the bonus in accordance with the Written Agreement - OAB Addendum and should be paid that bonus, out of ARNG 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)                                         AR20140008156



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ABCMR Record of Proceedings (cont)                                         AR20140008156



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