ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 July 2019 DOCKET NUMBER: AR20170016698 APPLICANT REQUESTS: an exception to policy (ETP) to receive the remaining half of his Officer Accession Bonus (OAB) of $10,000 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * email correspondence between the applicant and his Unit Administrator (UA) * Written Agreement, Officer Accession Bonus Addendum * National Guard Bureau memorandum (denied ETP) * Memorandum addressed to Colorado Army National Guard (reconsideration) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, a. The scanned copy of his Written Agreement Officer Accession Bonus Addendum contain markings along the line where he would have written the date. Those markings are consistent with markings left over after white out is used and this is the space where he would have dated the document. He believes that the white out was applied before the document was scanned into his records. b. As a young lieutenant, it was unreasonable for him to be expected to be familiar with Selected Reserve Incentive Program (SRIP) 07-06; therefore, it is reasonable to assume that the officials processing his paperwork would ensure it followed all applicable regulations. The fact that the bonus paperwork was not processed correctly is therefore not something that he should be penalized for by revoking his bonus. This also applies to the point that the Bonus Control Number (BCN) was requested after the date of accession. a. c. He was paid the initial half of the bonus upon the completion of Infantry Basic Officer Leader Course (IBOLC). If there were discrepancies, these should have been identified prior to paying out the first half of the bonus. By paying the first half, it was reasonable for him to assume the second half would be paid as well. 3. The applicant provides: a. Email correspondence between the applicant, his Unit Administrator (UA), the Education and Incentives office, which reflects the applicant was inquiring about the remaining bonus he was to be paid, the errors that were identified years after the addendum was signed, and the requirement to submit an ETP in order to receive the remaining portion of his bonus. b. Written Agreement, Officer Accession Bonus Addendum, reflects the applicant qualified to receive payment of an accession bonus as outlined paragraph 3d. c. National Guard Bureau memorandum, dated 30 December 2014, reflects the applicant’s request for an ETP to retain the $10,000.00 OAB for the discrepancies listed was denied; however, he was granted relief from recoupment. d. Memorandum thru The Adjutant General (TAG) of Colorado, dated 8 January 2016, reflects the applicant requested to retain his OAB based on his belief that there was an injustice incurred from previous contractual obligations. 4. A review of the applicant’s service record shows: a. The applicant enlisted in the Army National Guard on 8 August 2006 for the State Officer Candidate Enlistment Option. b. On 2 August 2008, he took the oath of office as a second lieutenant in the Army National Guard of the state of Colorado. c. In addition to taking the oath of office on 2 August 2008, he signed the Written Agreement, Officer Accession Bonus Addendum; however, the addendum was not dated by any of the three individuals involved with the transaction. d. He was promoted to first lieutenant on 2 February 2010. 5. National Guard Bureau memorandum, dated 30 December 2014, shows the applicant’s request for an exception to policy to retain the $10,000 Officer Accessions Bonus (OAB) for the discrepancies below was denied. Relief from recoupment was granted. 1. a. His contract/bonus addendum is missing the Soldier's, Witnessing Officer's, and Service Representative's signature dates, which violates ARNG Selected Reserve Incentive Program SRIP 07-06. b. His BCN was requested after the date of accession, which violates ARNG SRIP 07-06 6. Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 – 31 March 2008 (Policy Number 07-06) supersedes all previous SRIP policies for Fiscal Year (FY) 2007. The memorandum establishes policy to administer ARNG incentives for the period effective I0 August 2007 through 31 March 2008 unless otherwise noted, superseded or suspended. Commanders at all levels are required to ensure that this policy is managed effectively in order to preclude any occurrence of fraud, abuse, or mismanagement. 6. In reaching its determination, the Board can consider the applicant’s petition and her service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. Based upon the applicant signing a written agreement for an officer accession and completing all the terms of that agreement, the Board concluded that the applicant should be given the remaining half of the bonus. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 Army records of the individual concerned be corrected by restoring the applicant’s eligibility for the remaining funds of his officer accession bonus and that all remaining funds due be paid to the applicant. 8/13/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 – 31 March 2008 (Policy Number 07-06) supersedes all previous SRIP policies for Fiscal Year (FY) 2007. The memorandum establishes policy to administer ARNG incentives for the period effective I0 August 2007 through 31 March 2008 unless otherwise noted, superseded or suspended. Commanders at all levels are required to ensure that this policy is managed effectively in order to preclude any occurrence of fraud, abuse, or mismanagement. a. Paragraph 3 states, this policy guidance applies to ARNG Soldiers in M-Day status only. Incentives available to Military Technicians (Mil Techs) or ARNG Soldiers serving in an Active Guard Reserve (AGR) status are not covered in this policy. Refer to the ARNG Mil Tech Reenlistment Incentive Policy dated 1 January 2007 or the ARNG Location SRB Policy I January 2007 respectively for information pertaining to these incentives. This policy does not govern GI Bill or GI Bill Kicker eligibility. Refer 10 the ARNG GI Bill policies for guidance. b. Paragraph 14o. Officer Accession Bonus Basic Eligibility: The ARNG offers two Officer Accession Bonus options to newly commissioned officers and newly appointed warrant officers who agree to serve as an officer in the ARNG for six years. They must agree to serve in a CUIC (paid lump sum) or agree to serve in a Non-Critical UIC (paid 50/50). Both options require an agreement to serve in a critical skill area of concentration (CAOC). Note: The terms "newly commissioned officer and newly appointed warrant officer'' means that a Soldier has never held a commission as an officer or an appointment as a warrant officer in any armed force of the United States. Applicants must sign their bonus addenda on the date that they accept their commission and agree to serve as an officer for a period of not less than six-years on active drilling status.