IN THE CASE OF:  	  

		BOARD DATE:  16 June 2015	  

		DOCKET NUMBER:  AR20140017550 


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) in the amount of $10,000.00.

2.  The applicant states:

	a.  His OAB in the amount of $10,000.00 was denied due to administrative errors that were out of his control.  He completed the Chaplain Basic Officer Leaders Course (BOLC) and all other training to be eligible for this incentive.  He is in good standing with his unit and the Arkansas Army National Guard (ARARNG).

	b.  He was approved as a chaplain on 27 June 2012 and received his Federal recognition on 15 July 2012.  He signed his OAB Addendum as a chaplain candidate on 30 September 2009.

	c.  He was eligible for the OAB, but his bonus was denied due to administrative errors through no fault of his own.

	d.  An exception to policy (ETP) to request a manual bonus control number (BCN) was filed through the National Guard Bureau (NGB) and denied.

	e.  The administrative data, which was the responsibility of the recruiting and retention personnel along with the State Incentive Management Office, was filled out incorrectly.

3.  The applicant provides:

* Written Agreement – OAB Addendum
* memorandum from the Deputy Chief of Staff, ARARNG, dated 14 May 2013
* request for ETP, dated 14 May 2013
* NGB ETP denial memorandum, dated 2 October 2013
* memorandum from the ARNG Staff Chaplain, NGB
* excerpt from ARNG Selected Reserve Incentives Program (SRIP) 12-01

CONSIDERATION OF EVIDENCE:

1.  Having prior active enlisted service in the Regular Army and inactive enlisted service in the ARARNG, the applicant was appointed as a second lieutenant in the ARARNG on 30 September 2009.

2.  He completed the Chaplain BOLC on 2 September 2010.

3.  He was promoted to first lieutenant (1LT) on 30 March 2011.

4.  He was appointed as a 1LT in the ARNG and Chaplain Corps on 15 July 2012.

5.  In connection with his appointment, he signed a Written Agreement – OAB Addendum on 4 November 2012 in which he agreed to serve in the ARNG under the Selected Reserve Incentive Program for a period of 6 years.  The addendum also shows he would receive a bonus of $10,000.00 paid in two 50-percent installments.  The first 50-percent installment is payable upon successful completion of BOLC and the second and final 50-percent installment is payable on the third-year anniversary of his agreement.  This addendum does not have a service representative's signature and date or a BCN.

6.  He was promoted to captain on 3 July 2013.

7.  On 14 May 2013, the ARARNG Deputy Chief of Staff for Personnel and State Incentive Noncommissioned Officer submitted requests for an ETP for the applicant to retain the OAB.  The memoranda state:

* the applicant accepted his commission as a chaplain on 15 July 2012
* he signed his OAB Addendum on 4 November 2012, which was after the date of commission
* according to policy, OAB Addenda signed after the date of commissioning are not authorized
* the OAB Addendum, dated 1 March 2009, was an obsolete form
* he should have signed an OAB agreement generated by the Guard Incentive Management System (GIMS) upon request of the BCN
* the recruiting officer failed to request a BCN in GIMS
* the BCN should have been requested on the date of commissioning
* the applicant signed an OAB Addendum in good faith and has done everything required of him to be eligible for this incentive
* the applicant was not at fault for following guidance from the recruiting officer
* this issue should have been corrected during initial processing and should not be held against the applicant
* he completed BOLC and all other training to be eligible for this incentive
* the applicant is in good standing with his unit and the ARARNG

8.  In October 2013, NGB disapproved the request for an ETP for the following reasons because they violate ARNG SRIP 12-01:

	a.  the applicant's incentive addendum contains a missing signature and date from the service representative,

	b. the incentive addendum was signed after the accession/appointment,

	c.  no BCN was requested, and

	d.  the incentive addendum is obsolete.

9.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:  (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated for a period specified in the agreement.

10.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with BSNs which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for BSNs, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

11.  Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), provides in:

	a.  section 0201 (General Provisions) that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit.  If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit.  Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control.  Conditions under which repayment will not be sought are set forth in section 0202; and

   b.  section 0202 (Repayment and Non-repayment Conditions) that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control.  In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: 

* contrary to a personnel policy or management objective
* against equity and good conscience
* contrary to the best interest of the United States

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of an OAB in the amount of $10,000.00 per his Written Agreement – OAB Addendum was carefully considered and determined to have merit.

2.  He was appointed as a 1LT in the ARNG and Chaplain Corps on 15 July 2012 and he signed his Written Agreement – OAB Addendum on 4 November 2012.  His OAB Addendum indicated he would be paid a $10,000.00 bonus.  His first installment would be paid upon successful completion of BOLC and his final installment would be paid on the third-year anniversary of his agreement.  He completed the Chaplain BOLC on 2 September 2010.

3.  Although an ETP was requested, the OAB for the applicant was subsequently denied by NGB due to the following administrative errors:



* missing signature and date from service representative
* addendum signed after his accession/appointment
* no BCN
* addendum was obsolete

4.  By law, the Secretary concerned may authorize an affiliation/accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the Selected Reserve in a critical specialty.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

5.  The evidence of record shows the applicant fulfilled the requirements of his Written Agreement – OAB Addendum, did absolutely nothing wrong, and upheld his end of the bargain.

6.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct his record by showing he signed an appropriate Written Agreement – OAB Addendum on 15 July 2012 and showing the Department of the Army authorized him to receive the OAB provided he otherwise meets the criteria of his Written Agreement – OAB Addendum.

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 he and all officials properly signed an appropriate Written Agreement – OAB Addendum on 15 July 2012 and he was issued a manual BCN;

	b.  showing the Department of the Army authorized him to receive the OAB provided he otherwise meets the criteria of his Written Agreement – OAB Addendum; and

	c.  paying him the $10,000.00 OAB under the terms of his Written Agreement – OAB Addendum as a result of the above corrections.



      _______ _   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)                                         AR20140017550



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ABCMR Record of Proceedings (cont)                                         AR20140017550



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