IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140021249 


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 an exception to policy (ETP) to retain his Officer Accession Bonus (OAB) in the Minnesota Army National Guard (MNARNG).

2.  The applicant states, in effect:

* on 18 January 2012, he executed his oath of office as a second lieutenant (2LT) in the MNARNG
* that same date he signed a bonus addendum for an OAB of $10,000
* the accession official told him he would receive this bonus upon completion of Basic Officer's Leadership Course (BOLC) (formerly called Officer Basic Course)
* he was also informed the bonus was being offered to him because the duty position (emphasis added) to which he was assigned was a critical skill 
* the addendum identified 92A (Quartermaster Corps (QM)), but he later learned the area of concentration (AOC) listed for his duty position on the unit's table of organization and equipment was 90A (Multifunctional Logistician)
* he completed BOLC for AOC 92A (Quartermaster Corps (QM)) on 7 February 2013
* shortly thereafter he received a memorandum, dated 1 March 2013, which notified him he was not authorized the OAB
* the memorandum stated he was not eligible because his AOC of 92A was not a critical skill; additionally, the witness to his bonus addendum did not enter the date signed
* his unit submitted an ETP to the National Guard Bureau (NGB), however it was denied
* it was not until his unit's Judge Advocate General Corps section did some research that he came to a better understanding as to why the bonus had been denied:

* the critical skill eligible for the bonus was AOC 90A, the AOC shown for his assigned duty position
* the bonus was not based on the position to which assigned but rather on the AOC he held

* he feels this denial by NGB is unjust because he signed his accession contract in good faith with the intention of receiving the OAB 
* further, his decision to attend BOLC for AOC 92A was influenced by the fact he was told he would be receiving this bonus
* he asserts the reason he is not receiving the bonus was due to no fault of his own, rather the result of errors made by the accession officials

3.  The applicant provides:

* Written Agreement - Officer/Warrant Officer Accession Bonus Addendum, dated 18 January 2012
* memorandum, dated 1 March 2013, from the MNARNG, subject:  Notification of Incentive Discrepancy and Exception to Policy Process
* two memoranda of support
* memorandum, dated 23 September 2013, issued by the NGB, subject:  Request for ETP for OAB [applicant]
* DA Form 1059 (Service School Academic Evaluation Report), showing the applicant's completion of BOLC for AOC 92A
* Special Orders Number 408 AR, dated 28 November 2012, issued by NGB, showing the applicant's initial appointment as a 2LT, QM, effective 18 January 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT in the MNARNG on 18 January 2012, and executed his oath of office that same date.  After completing initial training, he was awarded AOC 92A.  He is currently serving as a member of the MNARNG in the rank/grade of first lieutenant/O-2.

2.  His official military personnel file contains the following documents:


	a.  Written Agreement - OAB Addendum, dated 18 January 2012.  

* signed by the applicant, the accession official, and a witness, whose signature was undated
* states the applicant would receive, in a lump-sum payment, the amount of $10,000 upon completion of the Officer Basic Course
* contains a bonus control number
* shows the applicant agreed to serve:

* with the ARNG under the Selected Reserve Incentive Program (SRIP)
* in AOC 92A, which was identified in the addendum as a critical AOC designated for bonus entitlement by the Secretary of Defense or his delegate

	b.  Orders 068-1005, dated 8 March 2012, issued by the MNARNG, shows the applicant was appointed in the ARNG as a 2LT with a basic branch of QM.  His duty assignment is listed as Assistant S-4, but no associated AOC is listed.

	c.  Orders 262-1077, dated 18 September 2012, issued by the MNARNG, shows the Assistant S-4 duty position as having an AOC of 90A92.

	d.  DA Form 1059, showing the applicant's completion of BOLC for AOC 92A, in which he participated during the period 30 September 2012 to 7 February 2013.

3.  On an unknown date, officials at the MNARNG submitted an ETP requesting the applicant be permitted to retain his eligibility for the $10,000 OAB.

4.  On 23 September 2013, the NGB disapproved the ETP request, citing NGB All States Log Number P11-0009 ARNG SRIP for FY 2011.  The denial was based on the fact the applicant had contracted to receive the bonus for an AOC which could not be validated as an authorized critical skill.  Additionally, the witness' signature was undated.  Both issues violated ARNG SRIP policy.  The State Incentive Manager was directed to terminate the incentive.

5.  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.

6.  Memorandum, dated 25 July 2011, issued by the NGB and addressed to the Adjutants General of all States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commanding General of the District of Columbia, subject:  (All States Log Number P11-0009) ARNG SRIP for Fiscal Year (FY) 2011, prescribes eligibility, procedures, and standards for the SRIP for the identified FY.  Although the applicant was accessed during FY 2012, it appears this memorandum was still in effect.  It states, in pertinent part:

	a.  To receive the OAB, the officer must apply with an approved critical skill AOC, as listed in enclosure 6 (Officer/Warrant Officer Accession Critical Skill List).  

	b.  The officer must successfully complete BOLC in the designated AOC (emphasis added).

	c.  The Officer/Warrant Officer Accession Critical Skill List, effective 2 May 2011, shows critical skills by AOC and MOS.  It is sorted by State.  For the MNARNG, 90A is shown as a critical skill, but AOC 92A is not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an ETP to retain his OAB and essentially contends he acted in good faith but was misled by accession officials.  He was told AOC 92A was a critical AOC eligible for the OAB, but, in fact, it was not an authorized critical skill.  Based upon misleading information, he lost the opportunity for the bonus and chose an AOC he might not otherwise have selected.

2.  The evidence clearly shows the State accession official erred.  AOC 92A was incorrectly identified on the bonus addendum as a critical skill in that it appears on the addendum, but is not listed among the critical skills that were in effect at the time.  It is also evident the applicant fulfilled his part of the bargain by successfully completing BOLC for the AOC listed on the bonus addendum.  

3.  Although AOC 92A is not shown as a critical skill, the applicant should not be held responsible for the accession official's error and, as such, and as a matter of equity the applicant should be allowed to receive the OAB in the amount of $10,000.


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:

* showing the applicant's request for an exception to policy was approved for payment of a $10,000 OAB in accordance with the terms of his written agreement in MOS 92A
* paying the applicant the bonus in a lump sum, as specified in his written agreement 040162
* 




      _______ _   __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)                                         AR20140021249





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