IN THE CASE OF:	

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150000759 


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, approval of an exception to policy (ETP) and payment of an Officer Affiliation Bonus (OAB) in the amount of $20,000.00.

2.  The applicant states:

	a.  The perceived injustice is denial of the ETP by the U.S. Army Reserve (USAR) Command (USARC) on 22 October 2014.  He was eligible for the OAB during his out-processing during the period January-April 2014.  The OAB is contingent upon 3 years of USAR service.

	b.  According to the USAR Bonus Pay Team, the OAB required an acknowledgement contract as well as other signed documents.  These documents were dated 1 day past stated regulations.  However, he was unaware of this administrative issue and the USAR Bonus Pay Team denied processing his $20,000.00 OAB.

	c.  His next recourse was to submit a request for an ETP through his chain of command all the way to USARC G-1.  The perceived injustice stems from USARC G-1's denial, despite his request for an ETP being supported by one and two-star general G-1s, along with a second look by the 63rd Regional Support Command Assistant Inspector General (IG).

3.  The applicant provides a self-authored memorandum, dated 7 January 2015, with 19 enclosures as listed.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the Regular Army on 26 May 2007.  He was promoted to captain effective 1 June 2010.  On 31 May 2014, he was honorably released from active duty (REFRAD).

2.  On 1 June 2014, he was appointed as a captain in the USAR.

3.  In connection with his appointment in the USAR on 1 June 2014, he signed a Written Agreement – OAB Addendum in which he agreed:

* to serve in the USAR under the Selected Reserve Incentive Program (SRIP) for not less than 3 years
* to serve in the Selected Reserve in area of concentration (AOC) 90A (Logistics)

4.  The addendum also shows he would receive a bonus in the amount of $20,000.00 paid in one lump sum pursuant to this agreement upon the later of:

* his assignment to the designated position, unit, or pay grade
* upon completion of AOC training, when affiliating for service in an AOC other than that which he currently holds

5.  He provided a memorandum from the Reserve Component Career Counselor, dated 11 July 2014, which states the applicant's OAB date was corrected from 1 June 2014 to 11 March 2014 which reflects the original date he signed his USAR contract.

6.  In a memorandum for record, dated 15 August 2014, subject:  ETP for (Applicant) OAB, he requested an ETP to retain the OAB.  The memorandum stated:

	a.  On 6 November 2013, the U.S. Army Human Resources Command approved his request for unqualified resignation.

	b.  On 20 February 2014, he received orders to begin transitioning from active duty.

	c.  On 11 March 2014, he signed a DA Form 5691-R (Request for Reserve Component Assignment Orders).


	d.  On 12 March 2014, he signed a DA Form 71 (Oath of Office), (post) dated 1 June 2014, and a Written Agreement – OAB Acknowledgement, (post) dated 1 June 2014, in coordination with the Reserve Component Career Counselor Office.

	e.  He was officially REFRAD on 31 May 2014.

	f.  On 7 June 2014, he reported for his first USAR battle assembly weekend.

	g.  On 19 June 2014, he completed the requirements to submit the request for processing the OAB.

	h.  On 9 July 2014, the brigade unit administrator received an email from the USAR Bonus Team stating there were two main discrepancies with the applicant's OAB:  the lack of a completed checklist and the OAB Acknowledgement was executed on 1 June 2014 after his REFRAD on 31 May 2014.  According to the USAR Bonus Team, the OAB could be signed 180 days prior to or on the REFRAD date, but not after.

	i.  On 10 July 2014, in order to address the discrepancy with the OAB Acknowledgement, he contacted the Reserve Component Career Counselor Office that originally handled it.  The following day, his OAB Acknowledgment was revised to reflect a signature date change from 1 June 2014 to 11 March 2014.  A memorandum was included explaining this date change.

	j.  On 4 August 2014, in order to address the discrepancy with the lack of a completed checklist, he was sent the required checklist as dictated by the USAR Bonus Team.

	k.  On 4 August 2014, his OAB was resubmitted with the two deficiencies properly addressed for a second attempt at processing.  On 13 August 2014, he was informed that the USAR Bonus Team denied processing his OAB packet for the second time on the grounds that the re-signed OAB Acknowledgement with memorandum for record was insufficient to overcome the discrepancy.

	l.  There seems to be two main issues with his OAB packet.  The first issue is the OAB Acknowledgement having a signature date of 1 June 2014.  The second issue is the lack of a witnessing officer's signature on the OAB Acknowledgement and the oath of office, dated 1 June 2014.



	m.  According to the USAR Bonus Team, the OAB Acknowledgement can be signed within 180 days prior to or on the REFRAD date, but not after.  He was informed by the Reserve Component Career Counselor Office that an officer cannot hold two commissions and that is why the original OAB was dated 1 June 2014, 1 day after his REFRAD.  Despite this administrative difference, his OAB Acknowledgement was revised to reflect a new signature date of 11 March 2014 and sent to the applicant on 11 July 2014.  As for the oath of office deficiency, the document was revised to have a signature date of 11 March 2014 and sent to the applicant on 14 August 2014.

	n.  He believes that an administrative error should not disqualify him from receipt of the OAB, especially having the support of the office from which the administrative error originated and after completing the tasks required of him outlined in the OAB Acknowledgement.

7.  On 22 October 2014, the USARC G-1 disapproved his request for an ETP because:

* he was REFRAD on 31 May 2014
* he was appointed as a commissioned officer in the USAR on 1 June 2014
* his Written Agreement for the OAB was signed on 1 June 2014
* the USARC policy states the Written Agreement must be administered 180 days prior to the REFRAD

8.  In a memorandum to the Army Board for Correction of Military Records (ABCMR), dated 7 January 2015, subject:  Request to Reverse (Applicant's) ETP Denial by the USARC G-1 for an OAB, he states:

	a.  After being honorably discharged from the Regular Army on 31 May 2014 and having received orders to transition immediately into the USAR, he reported to his duty station on 7 June 2014.

	b.  On 19 June 2014, he completed the requirements in order to process the OAB packet and his packet was forwarded to the USAR Bonus Team for approval.  Between 8 July 2014 and 13 August 2014, the USAR Bonus Team denied his OAB packet twice and he was instructed to submit a request for an ETP.

	c.  On 21 September 2014, his request for an ETP earned approval from the 100th Training Division G-1 Office (one-star general officer level).  On 2 October 2014, his request for an ETP earned approval from the 80th Training Command (Total Army School System) G-1 Office (two-star general officer level).  However, on 29 October 2014, he received a memorandum from the USARC G-1 Office, dated 22 October 2014, stating his request for an ETP was denied.

	d.  In December 2014, he contacted the IG for assistance.  A second look into the original request for an ETP was initiated by the 63rd Regional Support Command Assistant IG.  Despite the second review, the USARC G-1 denied the request to review the original request for an ETP.

	e.  He understands the logic as to why the USARC G-1 denied his request for an ETP.  Based on USARC G-1 policy and regulations, any OAB acknowledgement needed to be signed 180 days prior to or on the service member's REFRAD date.  However, he did not have control over when the original documents were dated (1 June 2014).

	f.  As stated in the ETP denial letter, an application to the ABCMR is submitted when a perceived injustice occurs.  Given the specific circumstances and the request for an ETP submitted on 19 August 2014, he believes there is sufficient evidence for the ABCMR to reverse the USARC G-1's denial.

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.  Change 2 to Army Reserve Fiscal Year (FY) 2014 1st Half SRIP Policy Guidance for 1 January 2014 to 31 March 2014 states officers transferring from an Active Component may complete their OAB bonus agreements up to 180 days prior to or on their REFRAD date but not after.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was REFRAD on 31 May 2014 and he signed a Written Agreement – OAB Addendum for an OAB in the amount of $20,000.00 on 1 June 2014.

2.  Army Reserve FY14 SRIP policy guidance states officers transferring from an Active Component may complete their OAB bonus agreements up to 180 days prior to or on their REFRAD date but not after.

3.  In October 2014, the USARC G-1 disapproved his request for an ETP because his Written Agreement – OAB Addendum was not completed prior to his REFRAD.

4.  Nevertheless, it is the accession/retention agency's responsibility to know and administer the current policy guidance, not the inbound candidate's.  The applicant is being denied the OAB based on a signature date, not his eligibility.

5.  Notwithstanding the USARC memorandum denying him an ETP to retain the OAB and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he requested and received approval for an ETP to retain the OAB and to pay him the full OAB in the amount of $20,000.00.

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 request for an ETP to retain the $20,000.00 OAB was approved;

	b.  showing the Department of the Army authorized him to receive the OAB in the amount of $20,000.00 as agreed in his Written Agreement – OAB Addendum, dated 1 June 2014; and

	c.  paying him the OAB in the amount of $20,000.00 as a result of the aforementioned 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)                                         AR20150000759



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000759



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1