BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110006652 


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, as an exception to policy, payment of an officer accession bonus (OAB).

2.  He states his unit was added to the National Guard Bureau (NGB) critical Unit Identification Code (UIC) list on 1 October 2008, which entitles him to an OAB of $10,000.00.

3.  He provides a numbered list of documents of which he has provided item 1 and items 5 through 18.  He also provides a Written Agreement - OAB Addendum, dated 2 August 2008.

CONSIDERATION OF EVIDENCE:

1.  Following periods of enlisted service in the U.S. Air Force, Air National Guard, and the Army National Guard (ARNG), on 2 August 2008 the applicant was appointed in the ARNG as a warrant officer.  He is currently serving in the Virginia Army National Guard (VAARNG) as a chief warrant officer two (CW2).

2.  Orders 218-035, issued by the VAARNG, Fort Pickett, VA, dated 5 August 2008, appointed the applicant as a warrant officer one and assigned him to the U.S. ARNG Virginia Data Processing Unit (DPU), VAARNG, Manassas, VA, effective 2 August 2008.  The orders show the unit's UIC is W7XKAA.

3.  On 9 November 2009, he completed the Information Systems Technician Warrant Officer Basic Course. 
4.  Orders 089-022, issued by the VAARNG, Fort Pickett, VA, dated 30 March 2010, promoted him to CW2 and show he was assigned to UIC 7XKAA-407.

5.  He provides several documents pertaining to the "critical" status of UIC 7XKAA and the VAARNG's request for an exception to policy for him and several other warrant officers to gain eligibility for the $10,000.00 OAB.

	a.  On 10 August 2007, the NGB published a memorandum, subject:  Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 – 31 March 2008 (Policy Number
07-06).  The memorandum established policy to administer ARNG incentives.  It states the ARNG offers a $10,000.00 OAB to newly appointed warrant officers who agree to serve 6 years in a critical UIC or in a Modified Table of Organization and Equipment (MTOE) unit.

	b.  A Written Agreement - OAB Addendum shows he acknowledged he was being accessed into the NGB-approved critical UIC of 7XKAA and he would receive a bonus of $10,000.00 upon successful completion of the Warrant Officer Basic Course.  The applicant, a service representative, and a witnessing officer signed the form on 2 August 2008.

	c.  An ARNG Policy #07-05 Critical UIC List, dated 25 September 2008, shows UIC 7XK was listed as a critical UIC effective 16 October 2008.

	d.  On 7 January 2009, the Education Service Officer, VAARNG, requested the NGB grant an exception to policy to allow several warrant officers, including the applicant, to receive a $10,000.00 OAB based on their assignment to the VAARNG DPU, a Table of Distribution and Allowances (TDA) unit added to the NGB Critical UIC List after the warrant officers were commissioned.

	e.  On 5 February 2009, the Chief of Staff, VAARNG, recommended the NGB approve OAB contracts for officers assigned to the DPU.  She cited the unit's mobilization history; the unique specialty skills, education and training required of the officers serving in the unit; and retention of the officers as reasons for approval.

	f.  On 10 June 2009, the Chief, Education, Incentives and Employment Division, NGB, made a recommendation to the Department of the Army, Deputy Chief of Staff, G-1.  The NGB official recommended disapproval of the VAARNG's request for an exception to policy based on the fact that the affected officers were appointed prior to the addition of UIC 7XKAA to the NGB Critical UIC List.


	g.  On 15 September 2009, the Chief, Education, Incentives and Employment Division, NGB, informed the Chief of Staff, VAARNG, that the request for an exception to policy was not approved.  The NGB official stated NGB had restricted Soldiers assigned to TDA units from eligibility to receive the officer accession and affiliation incentives.  She noted that in 2008, the NGB granted an exception to policy to allow UIC 7XKAA to be added to the Critical UIC List, but after several months of monitoring unit activity, justification was not available to have this and one other TDA unit remain on the Critical UIC List.  She stated the NGB continued to stand by the decision to deny authorization of retroactive bonuses to Soldiers when units were ineligible.

	h.  An Information Paper prepared by the NGB Education, Incentives and Employment Division, dated 2 March 2010, states 

* the DPU was removed from the NGB Critical UIC List due to not being identified as a critical unit and having no accession gains
* the unit remained in that status until added to the NGB Critical UIC List once again when a notification of sourcing was provided to the incentives team [The Information Paper does not specify when the DPU was added back to the NGB Critical UIC List.]
* the eight warrant officers who requested retroactive bonus authority did not meet eligibility requirements and remain ineligible
* the NGB Incentives Branch recommended the request be forwarded to the Army Board for Correction of Military Records

	i.  On 19 November 2010, the Acting Director, ARNG, informed The Adjutant General, VAARNG, that a request for an exception to policy for an OAB for several warrant officers, including the applicant, was denied.  The Acting Director stated the only exception allowing an OAB for assignment to a TDA unit was for an organization listed on the Critical UIC List.  He noted UIC 7XKAA was added to the Critical UIC List on 16 October 2008, which was after the date the warrant officers were appointed.  Because the personnel did not meet the basic eligibility requirements at the time of their appointment and because there was no evidence of error, he denied the exception to policy.  He also noted that current events suggested that policies applicable to any and all incentive programs must be followed rigorously.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was accessed as a warrant officer into a TDA unit that was not listed by the NGB as a critical UIC at the time.

2.  The Written Agreement - OAB Addendum he signed is not valid.  It was signed on 2 August 2008 and shows he acknowledged he was being accessed into the NGB-approved critical UIC of 7XKAA.  However, this UIC was not listed as an NGB critical UIC until 16 October 2008.  The record is unclear why the applicant, a service representative, and a witnessing officer signed a document affirming a condition that did not exist at that time.

3.  The fact that his unit's UIC was added to the NGB Critical UIC List shortly after he was accessed does not constitute evidence of error, injustice, or inequity with regard to NGB's denial of the request for an exception to policy to allow him to receive an OAB retroactively.  In the absence of such evidence, there is no basis for granting the relief he requests.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_X____  __X______  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20110006652



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ABCMR Record of Proceedings (cont)                                         AR20110006652



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