IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20220001759 APPLICANT REQUESTS: payment of the remainder of his Officer Accession Bonus (OAB) in the amount of $5,000.00. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email Communication * Memorandum – Subject: Request for Outstanding Bonus Payment, 18 September 2018 * Army National Guard – G-1 Personnel Gateway information * Written Agreement – Officer/Warrant Officer Accession Bonus Addendum, 30 March 2010 * DA Form 71 (Oath of Office – Military Personnel), 19 March 2010 * Bonus Payment History * Memorandum – Subject: Notification of Outstanding Bonus Incentive, August 2018 * Email Communication 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 (ABCMR) 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 he has completed all contractual obligations associated with his OAB. However, he has only received $5,000.00 (on 1 September 2016) of the $10,000.00 that he is entitled to. In June 2018, he received a notification from the State Incentive Manager that one or more of the outstanding payments needed to be processed. He has previously sought assistance with obtaining these payments for several years but only recently received proper guidance from the 78th Training Command (TC). 3. A review of the applicant's available service records reflects the following: a. On 25 October 2001, the applicant enlisted in the Army National Guard (ARNG) for 8 years to serve as a 74B (Information Systems Operator – Analyst) with entitlement to a $3,000.00 Enlistment Bonus, the Montgomery G.I. Bill Kicker and Student Loan Repayment Program incentives. b. On 9 September 2007, the applicant reenlisted for 6 years with entitlement with entitlement to a $15,000.00 bonus incentive. c. On 19 March 2010, the applicant was appointed a Reserve commission within the GAARNG. In connection with his appointment as an officer, the applicant contracted to receive a $10,000.00 bonus to be paid in 2 installments (50 percent upon completion of Basic Officer Leader Course (BOLC) Phase III, qualification in the critical skill (92D – Army Aerial Delivery and Material Officer – Quartermaster Corps), and the remaining 50 percent on the third-year anniversary of this agreement. d. On 25 June 2010, the National Guard Bureau (NGB) issued Special Orders Number 136 AR announcing the Federal recognition of the applicant's initial appointment within the GAARNG, effective 19 March 2010. e. On 9 February 2011, the applicant completed the Quartermaster Basic Officer Leader – Branch Course. f. On 27 October 2011, the NGB issued Special Orders Number 269 AR announcing Federal recognition of the applicant's promotion to the rank/grade of first lieutenant (1LT)/O-2 with an effective DOR of 19 September 2011. g. On 5 January 2015, the NGB issued Special Orders Number 3 AR announcing Federal recognition of the applicant's promotion to the rank/grade of captain (CPT)/O-3 with an effective DOR of 30 December 2014. h. On 26 April 2018, the State of GA issued Orders Number 116-185 branch transferring the applicant from the Quartermaster Corps to Logistics, effective 25 April 2018. NGB issued Special Orders Number 95 announced Federal recognition of this action on 30 April 2018. i. On 29 March 2019, the NGB issued Special Orders Number 94 announcing Federal recognition of the applicant's promotion to the rank/grade of major (MAJ)/O-4 with an effective DOR of 7 March 2019. 4. The applicant provides: a. Email communication reflective of the applicant providing a memorandum to the State Incentive Manager requesting release of his bonus payment. b. Memorandum – Subject: Request for Outstanding Bonus Payment, dated 18 September 2018, reflective of the applicant's request to have the remaining balance of his bonus payment released and deposited into his bank account. c. ARNG – G-1 Personnel Gateway information reflective of documentation associated with the Selected Reserve Incentives Program (SRIP) Incentive payments previously disbursed in accordance with a 19 March 2010, $10,000.00 bonus agreement. This document further reflects that the last payment of $5,000.00 was made on 1 September 2016; contract Military Occupational Specialty (MOS) Code – 42A. d. Bonus Payment History reflective of the applicant's receipt of $5,000.00 worth of bonus payments distributed in increments of $1,500.00, $1,000.00, $1,000.00 and $1,500.00. No additional payments are reflected. e. Memorandum – Subject: Notification of Outstanding Bonus Incentive, August 2018, reflective of the applicant being advised that he may have 1 or more outstanding bonus payments that he may be entitled to. In order to receive payment, the applicant was required to respond within 45 days. f. Email communication reflective of the applicant being advised to seek relief through this Board because his entitlement to payment was in excess of 5 years old. 5. The Barring Act, Title 31, USC, section 3702 states that the Secretary of Defense shall settle claims involving uniformed service members' pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits. A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues. A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence confirms the applicant did not receive the full amount of his OAB. The Board determined the applicant’s record should be corrected to show he submitted a timely request for payment of the remainder of his OAB and he should be paid the remaining amount he is owed. 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 the Army and Army National Guard records of the individual concerned be corrected by showing he submitted a timely request for payment of the second installment of his OAB. He should be paid any monies he is due as a result of this correction. 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. The Barring Act, Title 31, USC, section 3702 states that the Secretary of Defense shall settle claims involving uniformed service members' pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits. A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues. A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required. 3. Memorandum, Subject: Army National Guard (ARNG) Selected Reserve incentive Program (SRIP) Guidance for Fiscal Year (FY) 2010, 1 October 2009 – 30 September 2010 provides that the Officer Accession Bonus (OAB) is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that MOS/AOC or are to be trained in that MOS/AOC. To be eligible, the Soldier must agree to serve in the Area of Concentration (AOC) MOS for which the bonus was awarded in the ARNG for the full term of their agreement. The OAB is payable in a lump sum. The first and final payment will be processed upon completion of BOLC Phase III. If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 4. Department of Defense Instructions 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001759 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1