IN THE CASE OF:	 

		BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20140018573 


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 a $10,000.00 Officer Accession Bonus (OAB).

2.  The applicant states the initial error was committed by his previous command (Headquarters and Headquarters Company, 11th Psychological Operations (PSYOP) Battalion) when they submitted unsigned and/or partially signed paperwork for the processing of his bonus.  He had possession of the paperwork with his original signature, but not the fully executed copy.  His command used his copy, the one that was not fully executed, for the first 2 years of processing this paperwork.  The documents with completed signatures were held at the Recruiting Command.  The Recruiting Command was able to supply him with a copy of the completed fully-signed documents upon his request.  He provided his chain of command with the completed copy he acquired from the Recruiting Command.  This copy was held by his chain of command for approximately        1 year after he submitted/provided them with the fully-executed copy.  His chain of command continued to submit the incomplete copy of his bonus paperwork, even after he sent in the proper paperwork.  Finally, though his unit now had the complete bonus packet, they felt the need to ask for an exception to policy (ETP) without trying to submit the bonus paperwork with complete signatures.  This process of multiple wrong submissions spanned over 3 years, and during this period, he was asked to produce documents that were not needed and he was only able to utilize the abilities of the personnel within his command to process his bonus paperwork.


3.  The applicant provides:

* Memorandum, Change 1- Fiscal Year 2009 (FY09) 2nd Half Selected Reserve Incentive Programs (SRIP) Policy Guidance, dated 
24 December 2009
* U.S. Army Reserve (USAR) FY09 2nd Half SRIP List (6 pages), effective from 1 February 2010 to 31 March 2010
* DA Form 61 (Application for Appointment), dated 27 May 2010
* Officer/Warrant Officer OAB Eligibility Checklist, dated 27 May 2010
* Memorandum of Appointment, dated 29 September 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 19 August 2011
* Memorandum requesting ETP, dated 9 June 2012
* Memorandum denying the ETP, dated 10 December 2013
* U.S. Army Reserve (USAR) Form 26-R (Pay Document Transmittal Letter), dated 29 July 2014
* USAR Form 23-R (SRIP Adjustment Certification Worksheet), dated 
29 July 2014
* two memoranda/statements of acknowledgement of OAB, dated 
28 August 2014 and 17 October 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DA Form 3575 (Certificate of Acknowledgement and Understanding of Service Requirements for Individuals Applying for Appointment in the USAR Under the Provisions of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) or Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches), As Applicable – Individuals Without Statutory Service Obligation), dated 12 March 2010.  This form was intended to inform him that he must comply with various service requirements if he chose to accept a commission in the USAR.

2.  His record contains a DA Form 61, dated 27 May 2010, which shows he applied for appointment as a USAR commissioned officer in the Chaplain Branch. 

3.  The applicant provided a document that is a combination OAB eligibility checklist and written agreement, dated 27 May 2010, which shows he contracted for an OAB in AOC 56A (Chaplain).


	a.  The checklist states "completion of this checklist is required to initiate Accession Bonus Payments.  Soldier must meet all the checklist criteria to qualify for payment.  If the Soldier does not meet all the criteria follow instructions in Section 3 for requesting an exception to policy (ETP)"

		(1)  Section 1 (OAB Eligibility Requirements) shows the applicant('s):

* AOC was on the SRIP list effective at the time of application
* OAB Written agreement was signed by Soldier, Service Representative, and witnessing Officer on the same day
* Direct Commissions would complete the bonus agreement prior to the dated of the DA Form 71(Oath of Office – Military Personnel) and no earlier than 30 days prior to the DA Form 61
* Was not accessing to become a Military Technician or Army Guard Reserve (AGR)
* Was not currently an Individually Managed Augmentee (IMA) or an AGR
* If 09S, primary AOC is on the SRIP list (N/A)
* If currently serving under an enlistment, reenlistment, or affiliation bonus, it must be terminated with the possibility of recoupment
* Soldier was not receiving the Student Loan Repayment Program (SLRP)
* Bonus AOC was listed on the Written Agreement

		(2)  Section 2 (Required Documents) "if the Soldier met all the criteria listed in Section 1, submit the documents below to initiate payment of the Bonus."

* Copy of OAB checklist
* USAR Form 26-R 
* USAR Form 23-R
* OAB Written Agreement
* DD Form 214 or Order awarding MOS
* DA Form 61
* DA FORM 71
* ETP if required

	b.  His written OAB agreement (paragraphs 4a – 7 only) which did not list his AOC but did include and the statement of understanding and acknowledgement and was signed by the applicant, service representative, and the witnessing 
official on 27 May 2010 shows he agreed to/and or acknowledged he must complete the Officer Basic Course within 36 Months of the date of appointment.
It should also be noted that the individual who signed as the witnessing officer was Lieutenant Colonel (LTC) JDS II.

4.  His record contains a DA Form 71 showing he was appointed as a Reserve Commissioned Officer on 26 October 2010.

5.  Orders Number C-11-016881, issued by the U.S. Army Human Resources Command (HRC), on 18 November 2010, assigned him to Headquarters and Headquarters Company, 11th PSYOP Battalion, Upper Marlboro, MD, effective 26 October 2010.

6.  He entered active duty for training (ADT) on 22 May 2011.

7.  His record contains a DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 19 August 2011 showing he attended the Chaplain’s Basic Officer Leader Course from 23 May 2011 to 19 August 2011 and achieved the course standards.

8.  His record contains a DD Form 214 showing he was honorably released from ADT on 19 August 2011.  His Area of Concentration (AOC) was listed as 56A (Command/Unit Chaplain). 

9.  Orders Number B-04-202704, issued by HRC, on 11 April 2012 promoted him to captain (CPT) with a date of rank and effective date of 29 March 2012.

10.  His record contains a memorandum for the Commander, U.S. Army Civil Affairs and Psychological Operations Command, Fort Bragg, NC.  This memorandum was issued by the 2nd Psychological Operations Group, Twinsburg, OH, on 9 June 2012 and shows the commanding officer, Colonel (COL) DAF, requested and recommended approval of an ETP on the applicant's behalf, for payment of the OAB.  COL DAF stated the applicant had fulfilled his contract in good faith and the Army should honor the bonus for which he contracted.

11.  Headquarters, USAR Command (USARC) disapproved the ETP request in a memorandum dated 10 December 2013.  The memorandum stated the applicant signed a written agreement to become an officer in the USAR on 27 May 2010 as a 56A, Chaplain.  However, the written agreement was not signed by the service 
representative or the witnessing officer.  Therefore, there is no way to verify the validity of the document.  Due to the missing signatures the OAB is not authorized.


12.  He provided completed copies of the USAR Form 26-R and 23-R, dated 
27 July 2014.

13.  He provided a memorandum, issued by Master Sergeant (MSG) FDH, USAR Command Career Counselor, on 28 August 2014, wherein MSG FHD stated:

	a.  The applicant completed a written OAB agreement for AOC 56A as part of his commissioning packet.  He was commissioned on 26 October 2010 and completed the Chaplain Officer Basic Course on 19 August 2011, well within the authorized time period.

	b.  When the original bonus packet was sent to finance there were no servicing representative and witnessing official signatures on the document.  This oversight was not caught by the Command Career Counselor at the time.  The applicant did have a copy with all the necessary signatures and a second packet was sent up for an ETP through the United States Army Civil Affairs and Psychological Operations Command (Airborne), G1.  Additional complications holding up the process were also met through the Career Counselor, Sergeant First Class (SFC) DM, who continued to ask and wait for a form which was not required for the packet.

	c.  In speaking with the G1 Incentives Branch (LTC LM) at USARC, it was indicated that they would not honor the bonus due to the original packet not having the signatures.

14.  He provided a memorandum issued by LTC JDS II, Deputy Command Chaplain, on 17 October 2014, wherein LTC JDS II stated:

	a.  A bonus packet was submitted for the applicant in November 2011 by his previous command without complete signatures.  It was Recruiting Command policy to have recruits sign documents and overnight them to the command for service representatives and witnessing officers to sign and authenticate.  These documents were kept at the Recruiting Command.  When the applicant requested these documents from the Recruiting Command they were provided. The signatures and dates were validated by [LTC JDS II] himself as the witnessing officer.

	b.  The $10,000.00 TPU accession bonus was in effect in 2010.

15.  The Office of the Chief, Army Reserve, released a memorandum, subject: Change 1- FY09 2d Half SRIP Policy Guidance, dated 24 December 2009.  This memorandum states, effective 1 February 2010, the attached revisions to the 2nd half of the FY09 SRIP list would be implemented.  The attached list shows AOC 56A was eligible for an OAB of $10,000.00 for a 6 year contract.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was denied his OAB because his previous unit failed to submit the copy of his written agreement containing all the signatures and then asked for an ETP that was denied on the basis of the lack of signatures by the service representative and the witnessing officer.

2.  The evidence of record contains a portion of his written OAB containing the pertinent signatures and a statement of the officer who worked at the Recruiting Command and acted as witnessing official.  This officer stated he did review the applicant's OAB packet/written agreement, the applicant was authorized the bonus, and all the required documentation had been maintained at the recruiting command.

	a.  Additionally, the Command Career Counselor has also provided a statement verifying the fact that the applicant completed a written OAB agreement for AOC 56A as part of his commissioning packet.  He was commissioned on 26 October 2010 and completed the Chaplain Officer Basic Course on 19 August 2011, well within the authorized time period.  The Career Counselor also stated he had knowledge of the applicant's OAB packet being submitted incorrectly on numerous occasions.

	b.  Finally, the applicant's commander requested an ETP due to the lack of signatures, stating the applicant contracted for the OAB in good faith and had fulfilled his contractual obligations and should be paid his OAB.

3.  Evidence shows he entered the agreement in good faith, fulfilled the requirements of the written agreement, and upheld his service agreement.  Therefore, notwithstanding the denial of his request for ETP for the OAB, it would serve the interest of equity to honor his contract and to pay him an OAB in the amount of $10,000.00.

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 records of the individual concerned be corrected by 

	a.  showing his OAB packet was properly and timely completed and submitted; and

	b.  instructing the Defense Finance and Accounting Service to remit payment to the individual concerned in the amount of $10,000.00, the total amount of the bonus, 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)                                         AR20140018573





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ABCMR Record of Proceedings (cont)                                         AR20140018573



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