IN THE CASE OF:	   

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001143 


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 the $20,000 officer affiliation bonus (OAB) in accordance with his contract that was originally signed on
20 October 2013 and re-signed on 10 September 2014 and on 3 December 2014.

2.  The applicant states, in effect, that he signed the paperwork provided by the career counselor at Fort Bragg, North Carolina which was a joining incentive for him to affiliate with a civil affairs unit at Fort Story, Virginia.  He goes on to state that he completed the civil affairs qualification course and met all of the qualifications for payment of his OAB.  However, when he applied for payment of his bonus he was informed that there was no witnessing officer signature on his agreement and his agreement was not valid.  Accordingly, he should not be denied a bonus in which he has met all requirements to be paid simply because of administrative errors.   

3.  The applicant provides copies of his OAB Agreements, his request for an exception to policy for payment, DD Form 214s (Certificates of Release or Discharge from Active Duty), DA Form 1059 (Service School Academic Evaluation Report), Oath of Office, and his appointment memorandum. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR) Engineer Corps second lieutenant on 16 October 2007.  He completed his training and remained in the USAR.
2.  He was ordered to active duty in support of Operation Enduring Freedom on 14 March 2009.  He deployed to Afghanistan during the period 21 March 2009 through 7 March 2010.  He was honorably released from active duty in the rank of first lieutenant on 5 April 2010 and was returned to his USAR unit in South Carolina.

3.  On 1 October 2010, he was ordered to active duty for operational support and was transferred to Fort Irwin, California.  He was promoted to the rank of captain on 15 April 2011.  He remained there until he was honorably released from active duty on 19 October 2013 and was transferred back to his USAR unit.  He was subsequently transferred to the USAR Control Group (Individual Ready Reserve). 

4.  On 20 October 2013, the applicant signed an affiliation bonus agreement in which he agreed to serve as a civil affairs officer in a civil affairs unit for a period of 3 years in return for a $20,000 affiliation bonus.  However, the same agreement also indicates he agreed to a $10,000 affiliation bonus and his agreement does not contain a witnessing officer’s signature.

5.  On 5 November 2013, he was transferred to a civil affairs unit at Fort Story, Virginia.

6.  The applicant completed the civil affairs qualification course at Fort Bragg, North Carolina on 26 July 2014.  His branch was changed to civil affairs and his primary area of concentration was changed to 38A on 15 August 2014.

7.  On 10 September 2014, he again signed an affiliation bonus agreement in which he agreed to serve as a civil affairs officer in a civil affairs unit for a period of 3 years in return for a $20,000 affiliation bonus.  This agreement was signed by all parties concerned.

8.  The applicant submitted a request for an exception to policy to the U.S. Army Reserve Command (USARC) at Fort Bragg, North Carolina on 16 September 2014 requesting that he be paid his OAB and on 4 November 2014 the USARC denied his request based on the fact that the witnessing officer did not sign the agreement on the same date as the applicant.

9.  In the processing of this case a staff advisory opinion was obtained from the USARC which opines that while his previous request for an exception to policy had been disapproved, additional information was received which validated the applicant’s claim and his OAB in the amount of $10,000 was authorized and would be paid.

10.  The advisory opinion was provided to the applicant for comment and he responded to the effect that he disagreed that the amount approved should be $10,000 when the agreement stated $20,000.

11.  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 under paragraph (2) for a period specified in the agreement.  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.  Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.  Paragraph (2)(b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be paid his OAB has been noted and found to have partial merit.

2.  While the applicant did enter into an OAB agreement, there is a disparity in the OAB agreement in that it states two different amounts.  It states both $20,000 and $10,000 OAB amounts.  However, OABs are paid in increments of $10,000 for each 3 year agreement and the applicant elected a 3-year affiliation instead of a 6-year affiliation.

3.  Therefore, since he entered into a 3-year affiliation, he is entitled to only a $10,000 OAB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the Department of the Army authorized him to receive the bonus in question and paying him the $10,000 bonus.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him a $20,000 OAB.  



      _______ _   _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)                                         AR20150001143



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ABCMR Record of Proceedings (cont)                                         AR20150001143



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