IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005305 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 his military records be corrected to show his DA Form 61 (Application for Appointment) and his Officer Written Agreement for the Officer Accession Bonus (OAB) were signed and dated on 3 March 2010 by all required parties. 2. The applicant states he had been working with his recruiter, Sergeant First Class (SFC) C, on his application since before his resignation at FGP International on 30 May 2009. Unfortunately, SFC C lost his application several times and he had to resubmit the same application packet in its entirety on three separate occasions. He did not update Item 40 (Main Civilian Employment) on his DA Form 61 when he completed it on 3 March 2010. 3. He received the Officer Written Agreement for the OAB from SFC C on 26 February 2010. He signed and dated the Officer Written Agreement for the OAB on 3 March 2010 and submitted it to SFC C on 8 March 2010. He did not access into the Army until 10 July 2010, 4 months after signing the Officer Written Agreement for the OAB. He was not assigned to any unit because he was not yet in the Army. He had no unit administrator or anyone else to counter-sign and date the Officer Written Agreement for the OAB. SFC C was responsible to ensure the Officer Written Agreement for the OAB was counter-signed and dated. 4. Once his unit discovered the missing signature and date, they supplied the information, believing that would be sufficient. Once SFC C failed to supply a timely counter-signature and date his Officer Written Agreement for the OAB, it was bound to have inconsistent dates once anyone completed it. 5. The applicant provides: * DA Form 61 * email dated from 4 June 2011 to 11 December 2013 * his unsigned resignation letter, dated 13 May 2009, to FGP International * a letter, dated 21 November 2014, from Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC CONSIDERATION OF EVIDENCE: 1. The applicant is currently a captain in the U.S. Army Reserve (USAR) serving in a troop program unit (TPU) as the Brigade Chaplain (area of concentration (AOC) 56A). 2. His DA Form 61 contains his signature; however, there is no date shown on the form. In an email dated 26 February 2010, SFC C requested documents to process the applicant packet. He apologized for "the duplicate work." In an email dated, 8 March 2010, the applicant returned the document to SFC C. 3. The applicant signed a DA Form 3574 (Certificate of Acknowledgement and Understanding of Service Requirements for Individual Applying for Appointment in the USAR) on 3 March 2010. 4. On 10 July 2010, he was appointed a Reserve commission officer in the grade of first lieutenant. He was assigned to the USAR Control Group (Reinforcement) in AOC 56A. 5. On 9 August 2010, he was assigned to the Headquarters and Headquarters Company (HHC), 391st Engineer Battalion, Greenville, SC. On 1 September 2010, he was assigned to the HHC, 486th Civil Affairs Battalion, Tulsa, OK. 6. On 8 April 2011, he completed the Chaplain Basic Officer Leaders course. 7. On 4 June 2011, the applicant began the process of claiming his OAB. An email, dated 6 November 2013, from the unit administrator, 486th Civil Affairs Battalion, informed him his current unit would have to submit his exception to policy (ETP) for his OAB. 8. A memorandum, dated 23 September 2014, from Headquarters, U.S. Army Reserve Command (USARC), Fort Bragg, NC subject: ETP for (the applicant), disapproved the applicant's ETP for OAB Agreement. a. The applicant is missing a dated DA Form 61 and his Officer Written Agreement for the OAB (not available for Board review) was submitted with inconsistent dates. The applicant signed and dated the Officer Written Agreement for OAB on 3 March 2010 while the signature of the service representative was signed on 27 June 2011, 1 year later. b. The USAR Pay Center rejected the OAB written agreement on one occasion due to incomplete documentation and inconsistent dates and signatures. 9. A letter, dated 21 November 2014, from the Command Career Counselor, Civil Affairs and Psychological Operations Command (USACAPOC) recommends approval of the applicant's request for an ETP to receive his OAB. a. When the original bonus packet was sent to finance through the USACAPOC, G1, there were no servicing representative and witnessing official signatures on it. This was not caught by the Command Career Counselor. b. The applicant obtained signatures as soon as he discovered this and a second packet was sent up for an ETP. Additional administrative complications encountered by Command Career Counselor held up the process too. c. The G1 Incentives Branch indicated they would not honor the written bonus agreement because the original packet did not contain the required signatures and associated dates. The G1 staff recommended the applicant appeal their denial decision through the Army Board for Correction of Military Records (ABCMR). 10. On 19 August 2015, an advisory opinion was requested from USARC. In response, USARC provided an additional copy of the memorandum, dated 23 September 2014, from USARC, subject: ETP for (the applicant). 11. A memorandum, dated 9 May 2005, from USARC provided implementation guidance for the Selected Reserve Officer/Warrant Officer Accession Bonus for the Army Reserve. a. The OAB was authorized for newly appointed commissioned officers who agreed to serve in a Selected Reserve unit in a designated critical AOC at the time of application for appointment. They must have agreed to accept an appointment as an officer in the USAR and to serve in a designated critical AOC in a Reserve unit for not less than 6 years from date of appointment. They must have completed an officer basic course in their designated AOC within 36 months of the date of appointment. b. Eligible applicants were to sign the Written Agreement OAB at the time the DA Form 61 was completed. The signed agreement was to be authenticated by a service representative and witnessed by a commissioned officer. The signed agreement was to be attached to the officer DA Form 61 and filed in the iPERMS (integrated Personnel Electronic Records Management System) official military personnel file (OMPF) General Administration Section. c. The officer's assigned unit was to forward a copy of the Written Agreement OAB, copy of the officer basic course completion document, appointment memo, and DA Form 61 to the USAR pay center for processing the OAB payment. 12. A memorandum, dated 8 August 2014, from USARC states that Accession Agencies (Army Reserve Careers Division, U.S. Army Recruiting Command, U.S. Army Cadet Command) are responsible for verifying eligibility and ensuring all documentation pertinent to the incentive offered is completed. 13. Title 37, U.S. Code, section 332 (General bonus authority for officers) provides general bonus authority for officers. a. Section 332(b) (Service Eligibility) states a bonus authorized may be paid to a person or officer only if the person or officer agrees in writing to: * serve for a specified period in a designated career field, skill, unit, or grade; or * meet some other condition or conditions of service imposed by the Secretary concerned b. Section 332(d) (Written Agreement) states to receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies the: * amount of the bonus * method of payment of the bonus * period of obligated service * type or conditions of the service DISCUSSION AND CONCLUSIONS: 1. The applicant's recruiter admits to having the applicant complete his paperwork more than once. The DA Form 61 now on record does not contain a date the applicant signed the application. 2. He signed his DA Form 3574 on 3 March 2010. 3. His Officer Written Agreement for the OAB was not available for the Board to review. However, the memorandum, dated 23 September 2014, from USARC states the applicant signed his Officer Written Agreement for the OAB on 3 March 2010 and the signature of the service representative was dated 27 June 2011, more than 1 year later. 4. Accession agencies are responsible for verifying eligibility and ensuring all documentation pertinent to the incentive offered is properly completed. The applicant should not be penalized for the administrative errors committed by those responsible for the accuracy of all the applicant’s pertinent accession documents. 5. It would be equitable to show his DA Form 61 was signed by him on 3 March 2010. 6. It would be equitable to show his Officer Written Agreement for the OAB was signed and dated on 3 March 2010 by the Service Representative and Witnessing Officer. 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: * showing he signed his DA Form 61 on 3 March 2010 * showing his Officer Written Agreement for the OAB was signed and dated on 3 March 2010 by the Service Representative and Witnessing Officer * paying him the bonus as specified in his Officer Written Agreement for the OAB, if otherwise eligible _______ _ 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) AR20150005305 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005305 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1