IN THE CASE OF:	  

		BOARD DATE:	    13 September 2011

		DOCKET NUMBER:  AR20110011740 


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, in effect:

   a.  An amendment to Military Department of Arkansas, Office of the Adjutant General (AG), Orders 151-813, dated 31 May 2009 to show his future "Duty Assignment" in military occupational specialty (MOS) 153A (Rotary Wing Aviator) instead of MOS 153D (UH-60 Pilot);
   
   b.  A Manual Control Number be issued for his Officer Accession Bonus (OAB) in the Selected Reserve Incentive Program (SRIP); and
   
   c.  He be paid the $10,000 OAB as outlined in his Officer Written Agreement.

2.  He states he requested an Exception to Policy from the National Guard Bureau (NGB) for a manual Bonus Control Number (BCN) for his OAB for MOS 153A.  He was denied due to his state AG inadvertently listing the MOS 153D instead of MOS 153A on his initial appointment orders.  

3.  He adds that after the completion of the Warrant Officer Basic Course (WOBC) at Fort Rucker, AL, every aviator is initially awarded MOS 153A, which is an accession MOS used to feed into all other MOSs for aviators.  Subsequent aviation MOSs are awarded upon completion of the specific course.  He believes there was a misunderstanding upon interpreting the policy that was in effect at time; and as a result, he was not issued a BCN and ultimately not paid his OAB.  


4.  The applicant provides:

* A copy of his Officer Written Agreement - OAB Addendum
* His initial appointment orders
* A DA Form 1059 (Service School Academic Evaluation Report) 
* A request for exception to policy 
* His Oath of Office
* Copies of certificates
* His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 June 2009

CONSIDERATION OF EVIDENCE:

1.  Orders 151-813, dated 31 May 2009, indicate he was appointed as a warrant officer one (WO1)/W-1 in the Arkansas Army National Guard (ARARNG) in MOS 153D on 5 June 2009. 

2.  He provided a DA Form 71 (Oath of Office) which shows he was appointed as a Reserve WO1/W-1 in the U.S. Army and as a WO1/W-1 in the ARARNG on 
5 June 2009.  The Oath of Office was taken at Fort Rucker, AL upon completion of Warrant Officer Candidate School. 

3.  The applicant signed a Written Agreement – Officer/Warrant Officer Accession Bonus Addendum on 5 June 2009.  This document shows he agreed to serve in the Selected Reserve in MOS 153A which was a critical warrant officer skill that was designated for a bonus entitlement by the Secretary of Defense.  

4.  The written agreement also shows that he was being accessed into the NGB approved critical skill of MOS 153A and would receive a bonus of $10,000 paid in two installments.  The first 50 percent installment would be processed upon completion of his WOBC and qualification in his critical skill.  The second and final payment of 50 percent would be processed on the third year anniversary of his agreement.  He and a witnessing officer signed the agreement on 5 June 2009; however, the BCN block is blank. 

5.  He also completed a Statement of Understanding for Appointment as a Warrant Officer.  He signed this document on 5 June 2009 and stated he understood if he was appointed as a Warrant Officer in the ARARNG he must successfully complete Warrant Officer MOS certification within two years of the effective date of his appointment unless extended by the Chief, NGB.  He also understood that failure to achieve MOS certification would result in withdrawal of his Federal Recognition for the ARNG and his appointment as a Reserve Warrant Officer of the U.S. Army. 

6.  His DD Form 214 shows he was released from active duty training and discharged from the U.S. Army Reserve in the grade of sergeant/E-5 to accept a warrant in the U.S. Army.  He was transferred to the ARARNG on 5 June 2009.  

7.  He provided a DA Form 1059, which confirms he was a student at the U.S. Army Aviation Center of Excellence from 6 June 2009 through 15 September 2010 and successfully completed the course requirements for award of MOS 153D.  

8.  On 10 November 2010, the NGB denied the applicant’s request for an exception to policy to receive a manual BCN for his OAB.  The memorandum stated that in accordance with the SRIP Guidance for Fiscal Year (FY) 2007, 2008, 2009 (10 August 2007 to 30 September 2009), with updates on 15 March 2009; the applicant was appointed into the ARARNG in the noncritical MOS of 153D on 5 June 2009. 

9.  The exception to policy denial also indicated the applicant executed the OAB addendum and listed MOS 153A in item 1a of the form.  MOS 153A was considered a critical skill on the date he accepted his commission, but his initial appointment orders (Orders 151-813) showed that he was appointed in MOS 153D.  Upon review of all substantiating documentation, the applicant was ineligible for an OAB Manual Control Number. 

10.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:

     a.  accept an appointment as an officer in the Armed Forces, and

     b.  serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

        (1)  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.

        (2)  Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.

        (3)  Paragraph (2)(b) further states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

11.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs.  The SRIP incentive is offered to newly-accessed officers who met eligibility criteria and access into an officer specialty listed in the SRIP, for the period in which commissioned.

12.  An extract from the U.S. Army Warrant Officer Recruiting website lists the prerequisites and duty description for MOS 153A.  It states that 153A is an accession MOS used to feed into an armed reconnaissance, attack, utility, or cargo helicopter MOS.  

13.  As described on the U.S. Army Aviation Center of Excellence and Fort Rucker website, the traditional initial entry rotary-wing flight training model is 
32 weeks and consists of four phases:   

   a.  First phase consists of two weeks of preflight instruction, providing the students with knowledge of basic flight control relationships, aerodynamics, weather, and start-up procedures. 

   b.  Second phase, consisting of ten weeks and 60 flight hours in the Training Helicopter (TH)-67.

   c.  Third phase is eight weeks of instrument training, including 30 hours in the flight simulator on the main post and 20 hours in the TH-67.    

   d.  Fourth phase of training is the combat skills and dual track phase.  It is combat-mission oriented and trains the student pilot as an aeroscout helicopter pilot.  Upon graduation, the students will have accumulated 179 hours of flight instruction, totaling 149 in an aircraft and 30 in a simulator. 
   
14.  Advanced graduate flight training is specialized training where students become qualified in their specialized MOS such as, UH-60.  Courses for specialized MOSs range between 14 and 23 weeks of training. 



DISCUSSION AND CONCLUSIONS:

1.  Army doctrine states that upon completion of WOCS, an aviator is awarded MOS 153A which is a feeder MOS into his/her specialized aviation MOS.  In the case of the applicant, he graduated WOCS on 5 June 2009 and began training in MOS 153A on 6 June 2009 at Fort Rucker, AL. 

2.  It is reasonable to presume that a misinterpretation of the policy in effect at the time took place when publishing his initial appointment orders.  Instead of listing the MOS 153A as his initial duty MOS, his state AG listed the MOS he would have been awarded upon completion of the traditional initial entry rotary-wing flight training and his specialized training for MOS 153D.  

3.  Upon discovery of this error, the applicant requested an exception to policy from the NGB, which was denied due to MOS 153D being listed on his initial appointment orders.  

4.  The evidence of record shows he entered the agreement in good faith, fulfilled the requirements of the written agreement, and upheld his service agreement.  Therefore, notwithstanding the NGB denial of his request for an exception to policy for the OAB, it would serve the interest of equity and justice to amend his initial appointment orders by changing the MOS to read “153A,” to correct his OAB Addendum by entering a Manual Control Number, and to pay him an OAB in the amount of $10,000.00 according to the parameters of the written agreement.

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:

   a.  amending Military Department of Arkansas Orders 151-813, dated 31 May 2009, to show duty assignment in MOS Rotary Wing Aviator (153A);
   
   b.  correcting the OAB Addendum by issuing and adding a Manual Control Number; and 
   
   c.  paying him an OAB in the amount of $10,000.00, out of ARNG funds, according to the parameters of the written agreement .




      __________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)                                         AR20110001740



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ABCMR Record of Proceedings (cont)                                         AR20110011740



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