IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015128
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 military records to show he properly completed an Officer Accession Bonus (OAB) Addendum and is authorized to retain a $10,000 OAB.
2. The applicant states he was commissioned on 2 May 2008 in the Army National Guard (ARNG) and became branch qualified in area of concentration (AOC) 70B (Health Services Administration).
3. The applicant provides copies of:
* an OAB Addendum, dated 2 May 2008
* a memorandum, Request for Exception to Policy (ETP), dated 20 December 2013
CONSIDERATION OF EVIDENCE:
1. On 2 May 2008, the applicant took his oath of office as a Reserve commissioned officer in the rank of second lieutenant (2LT), pay grade O-1.
2. A copy of the OAB Addendum, as provided by the applicant and filed in his Official Military Personnel File (OMPF), shows he agreed to accept an appointment as an officer in the Armed Forces and to serve in a critical skill that is designated for bonus entitlement within the ARNG. He acknowledged with his initials that he was being accessed into a National Guard Bureau (NGB) approved critical unit and would receive a $10,000 bonus to be paid in one lump sum upon successful completion of the Officer Basic Course (OBC). The applicant signed this form on 16 April 2008 prior to his appointment. The service representative and witness each signed and dated the form on 2 May 2008, the date of the applicant's appointment. The form contains a bonus control number. The addendum does not indicate the contracted AOC.
3. A DA Form 1059 (Service School Academic Evaluation Report), dated 20 September 2011 shows the applicant completed the Army Medical Department (AMEDD) Basic Officer Leadership Course (BOLC) in AOC 70B.
4. A Memorandum for Medical Recruiting Battalions, dated 21 May 2012, shows the applicant acquired an AOC of 65 (Physicians Assistant) effective the same date as the memorandum.
5. In an ETP letter dated 20 December 2013, as provided by the applicant and contained in his OMPF, the Deputy G1 (Personnel Officer) for the ARNG determined that the applicant's OAB would be terminated without recoupment by the State Incentive Manager due to the following discrepancies:
a. He was not serving in the AOC for which he contracted. This is a violation of ARNG Selected Reserve Incentive Program (SRIP) 07-06 (10 August 2007 to 28 February 2009).
b. He signed the addendum prior to the date of his appointment. This is also a violation ARNG SRIP 07-06.
6. A Memorandum, Deputy Chief of Staff, Personnel, South Carolina, dated 18 February 2014, states the applicant held AOC 65D and 70B; and that they would be properly recorded on his Officer Record Brief.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he properly completed an OAB Addendum and is authorized to retain a $10,000 OAB.
2. The available evidence shows that the applicant was eligible at the time of his appointment in 2008 to contract for an OAB in the amount of $10,000.00. Unfortunately, due to the failure of officials to properly review the OAB addendum, the document was processed with an improperly dated signature by the applicant. This error invalidated the applicant's OAB addendum.
3. The available evidence shows the applicant completed BOLC (formerly OBC) in 2011 and should have been paid his OAB had the above discussed error not occurred.
4. The argument put forth by the G1, ARNG stating that the applicant was no longer serving in the contracted AOC is without merit. Evidence shows that the applicant's AOC was not changed until 21 May 2012, which was after he had already met the requirements to receive an OAB. Unfortunately, an improperly completed addendum prevented the applicant from receiving his payment. There is no evidence showing the applicant was at fault for any part of this failure. He simply acted in good faith and relied on the knowledge and expertise of officials who should have known better.
5. In view of the above, it would be appropriate to correct the applicant's records by showing he had properly and timely contracted for an OAB in the amount of $10,000.00 in conjunction with his original appointment on 2 May 2008.
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 State ARNG records of the individual concerned be corrected by:
a. showing the applicant properly and timely signed an Officer Accession Bonus Addendum that was prepared in accordance with the governing regulations/policies and was subsequently processed in a timely manner by the appropriate officials;
b. paying the applicant a $10,000 OAB; and
c. adjusting the applicant's military pay records to ensure he retains the $10,000.00 bonus that was in effect at the time of his appointment.
____________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) AR20140014535
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ABCMR Record of Proceedings (cont) AR20140015128
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