IN THE CASE OF: 

		BOARD DATE: 24 February 2023

		DOCKET NUMBER: AR20220004072


APPLICANT REQUESTS:  payment of his Officer Affiliation Bonus (OAB) in the Army 
National Guard.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 1059 (Service School Academic Evaluation Report)
*	Officer/Warrant OAB Addendum
*	Orders Number 180-048
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Special Orders Number 154 
*	District of Columbia (DCARNG) request for incentive action
*	Unit Manning Report (UMR)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect:

	a.  When transferring from Active Duty to the DCARNG, he was eligible for the 
$10,000.00 Officer/Warrant OAB and he did not receive any portion of the bonus. 

	b.  He met the criteria listed:  

*	he had an identified critical skill 
*	he affiliated in a Regional Training Institute (RTI)
*	he was qualified in his Military Occupational Specialty (MOS)
*	he was on active duty for more than 30 days and was released from duty 
under honorable conditions
*	he was not in the Individual Ready Reserve (IRR)
*	he was not entitled to retirement or retainer pay
*	he did not affiliate for a military technician position or an Active 
Guard/Reserve (AGR) position
*	he had never received an OAB/financial assistance 
*	all other obligations and conditions were met

	c.  Because he met the criteria specified in the addendum, he believes he should 
receive the OAB. He never received any correspondence explaining why his contract 
was invalid, nor was he counseled on why he was not found eligible for the incentive. 
He is requesting the contract be established and paid, as he has met all standards of 
eligibility and is owed the total amount of $10,000.00.

	d.  He met all necessary requirements to receive the bonus but the Reserve 
Component Counselor and/or the Officer Strength Manager did not complete the 
necessary paperwork. His contract is listed in the Guard Incentive Management System 
(GIMS) as invalidated, but no explanation or notification was input into the system, nor 
sent to him. 

3.  The applicant's service record contains the following documents for the Board's 
consideration:

	a.  DA Form 71 (Oath of Office Military Personnel) shows the applicant completed 
the oath of office as a Reserve commissioned officer on 17 December 2004. He entered 
active duty on the same date.

	b.  Orders Number 050-061, published by the U.S. Army Human Resources 
Command (HRC), dated 19 February 2008 promoted the applicant to captain (CPT), 
effective 1 February 2008. 

	c.  Orders Number 120-0617, published by Headquarters, 101st Airborne Division 
(Air Assault) and Fort Campbell, dated 30 April 2010, separated the applicant from 
Active Duty, effective 5 July 2010.

	d.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the 
applicant entered active duty on 17 December 2004 and was released on 5 July 2010. 
He had completed 5 years, 6 months, and 19 days of active duty service. He was 
transferred to the ARNG. 

	e.  DA Form 71 shows on 6 July 2010 he completed the oath of office as a Reserve 
commissioned officer. 

	f.  Special Orders Number 154, published by the NGB on 19 July 2010 shows he 
received Federal Recognition for initial appointment in the ARNG, effective 6 July 2010. 
	g.  DD Form 214 shows the applicant entered active duty, as a member of the 
ARNG, on 17 December 2004 [sic] and was released back to the ARNG on 30 April 
2012. He had completed 1 year, 9 months, and 5 days of active duty service this period. 
He was released from active duty to continue on active duty in another status. 

	h.  Special Orders Number 226, published by the NGB, dated 13 August 2014 
promoted the applicant to major (MAJ)/O-4, effective 17 June 2014. 

	i.  The applicant's service record was void of an OAB agreement.

4.  The applicant provides the following documents, not previously considered, for the 
Board's consideration: 

*	DA Form 1059 dated 22 June 2005 showing the applicant completed the 
Mounted Officer Basic Course. 
*	A document entitled Written Agreement Officer/Warrant OAB, which is undated 
and states the applicant agreed to serve in the Selected Reserve in the Area of 
Concentration/MOS of 19C (Armor) and would receive a bonus of $10,000.00. 
The addendum is void of a bonus control number.
*	Orders Number 180-048, published by the DCARNG, dated 29 June 2010 
appointed the applicant in the ARNG in the rank of CPT and basic branch of 
Armor, effective 6 July 2010.
*	A document entitled DCARNG Request for Incentive Action, dated 23 July 2010 
which shows an incentive OAB action was requested on behalf of the applicant. 
*	UMR dated 30 July 2010, which shows the applicant was in an instructor slot with 
the Area of Concentration 19C.

5.  On 22 April 2022, the NGB, Chief, Special Actions Branch, provided an advisory 
opinion for the Board's consideration, which recommends approval of his request. 

	b.  The applicant is requesting to be granted retroactive payment of his OAB. He 
states that in 2010, at the time of his transfer from the active component, he was eligible 
and offered the OAB. Unfortunately, he was never issued any payment from the 
DCARNG. His contract was invalidated, but the applicant was never given a reason for 
the invalidation. He states that he met all requirements at the time of his transfer and 
should have been issued the payments. The applicant has provided a copy of his 
contract in his board application. 

	c.  The applicant's contention that he met all the qualifications to receive the bonus 
at the time of his transfer is accurate. Unfortunately, after affiliating with his unit, the 
applicant failed to be assigned to a billet with the proper branch association. According 
to the UMR the applicant was assigned to an instructor billet, which was coded as a 
branch immaterial position. This appears to be the violation, which led to the invalidating 
of the applicant's incentive contract. 

	d.  The purpose of the applicant's affiliation bonus was for him to serve in that critical 
branch. By serving in a non-specific branch position, the applicant was not fulfilling the 
intended purpose of his agreement. Due to this, his contract was invalidated. 

	e.  While it is true the applicant was not fulfilling the purpose of his incentive contract 
by serving in an immaterial position, it does not appear he was given the proper due 
process in addressing this error. Based on his account and a review of his records there 
was no attempt to correct the issue through an exception to policy or reassignment. By 
all accounts the bonus was terminated with no attempt to correct the issue. 

	f.  It is the recommendation of the Special Action Branch that the applicant's request 
be approved. Although the timeliness of the application is not within the three year 
period, the lack of due process given to the applicant warrants the involvement of the 
Board. It is recommended that the applicant receive an exception to policy for being in 
an invalid duty position and it is further recommended that he receive the full payment of 
the bonus incentive. 

6.  On 3 May 2022, the applicant was provided the advisory opinion to allow him the 
opportunity to respond. The applicant did not respond. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The evidence of record shows at the time of his transfer from the active 
component in 2010, the applicant was eligible and offered the OAB. However, he was 
never issued any payment from the DCARNG. His contract was invalidated and he was 
never given a reason for the invalidation. He states that he met all requirements at the 
time of his transfer and should have been issued the payments. He has provided a copy 
of his contract in his board application. His contention that he met all the qualifications 
to receive the bonus at the time of his transfer is accurate. 

	b.  The evidence further shows after affiliating with his unit, he was not assigned to a 
billet with the proper branch association. According to the unit manning report the 
applicant was assigned to an instructor billet which was coded as a branch immaterial 
position (O1A billet). This appears to be the violation which led to the invalidating of the 
applicant’s incentive contract. Instead of being in a critical branch, he served in a non-
specific branch position. He was not fulfilling the intended purpose of his agreement. 
That is why his contract was invalidated. Yet, he was not given the proper due process 
in addressing this error. Based on his account and a review of his records there was no 
attempt to correct the issue through an exception to policy (ETP) or reassignment. By all 
accounts the bonus was terminated with no attempt to correct the issue. The Board 
agreed with the advisory official’s finding that the lack of due process given to the 
applicant is considered an injustice. 

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 that the evidence presented was 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 the applicant timely submitted an exception to policy (ETP) for payment 
of the $10,000 Officer Accession Bonus incentive on 6 July 2010
*	showing the National Guard Bureau timely received, accepted, and approved his 
exception to policy request 
*	paying him the promised incentive in accordance with the Officer Accession 
Bonus Addendum 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Department of Defense Instruction 1205.21 (Reserve Component Incentive 
Programs Procedures) requires each recipient of an incentive to sign a written 
agreement. The agreement must clearly specify the terms of the Reserve Service 
commitment that authorizes the payment of the incentive.

3.  Department of Defense Financial Management Regulation (DODFMR) sections:
	a.  560201 (OAB) states pursuant to Title 37, USC, section 332(a)(1), the Secretary 
concerned may pay an OAB to an eligible officer who enters into an agreement with the 
Secretary to accept an appointment as an officer in the Armed Forces; and to serve in 
the Selected Reserve. 

	b.  The officer must enter into an agreement to serve in a critical officer skill 
designated by the Secretary; or to meet a manpower shortage in a unit of the Selected 
Reserve.

	c.  The Secretary concerned will designate the critical officer skills to which the 
bonus authority is to be applied. A skill may be designated as a critical officer skill if it is 
critical to have a sufficient number of officers who are qualified in that skill.

	d.  An agreement entered into with the Secretary concerned will require the person 
entering into that agreement to serve in the Selected Reserve for a specified period. 
The period specified in the agreement will be any period not less than 3 years that the 
Secretary determines appropriate to meet the needs of the Reserve Component in 
which the service is to be performed.

4.  Title 37, USC:

	a.  Section 332(a) (General bonus authority officers) states the Secretary concerned 
may pay a bonus under this section to a person, including an officer in the uniformed 
services, who—accepts a commission or appointment as an officer in a uniformed 
service; affiliates with a Reserve Component.

	b.  Section 332(b) a bonus authorized by subsection (a) may be paid to a person or 
officer only if the person or officer agrees under subsection (d)—(1)to serve for a 
specified period in a designated career field, skill, unit, or grade; or (2)to meet some 
other condition or conditions of service imposed by the Secretary concerned. 

	c.  A bonus paid under paragraph (2) (Reserve affiliation) of subsection (a) may not 
exceed $20,000.00 for a minimum three-year period of obligated service agreed to 
under subsection (d) (written agreement).

	d.  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—(1)the amount of the bonus; (2)the method of payment of the bonus 
under subsection (c)(2) (Lump sum or installment); (3)the period of obligated service; 
and (4)the type or conditions of the service.

5.  Title 31, USC, section 3702, is the 6-year barring statute for payment of claims by 
the government. In essence, if an individual brings a claim against the government for 
monetary relief, the barring statute says that the government is only obligated to pay the 
individual 6 years from the date of approval of the claim. Attacks to the barring statute 
have resulted in litigation in the U.S. Court of Federal Claims. In the case of Pride 
versus the United States, the court held that the Board for Correction of Military Records 
(BCMR) is not bound by the barring act, that the BCMR decision creates a new 
entitlement to payment and the 6 years starts running over again, and that payment is 
automatic and not discretionary when a BCMR decision creates an entitlement.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004072


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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