IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110012936 


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, payment of his Selected Reserve Incentive Program (SRIP) Officer Accession Bonus (OAB). 

2.  He states when he was commissioned in the Army National Guard (ARNG) he signed an accession bonus agreement to be paid $10,000 when he completed the Officer Basic Course (OBC) and flight school.  Now that he has completed both, he is being told he cannot be paid the bonus due to not being in a critical skill.  

3.  He provides a Written Agreement - Officer Accession Bonus Addendum and a National Guard Bureau (NGB) memorandum denying a request for and exception to policy to allow payment of his OAB.

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service in the Kentucky Army National Guard (KYARNG), the applicant was appointed as an aviation branch officer in the KYARNG effective 19 December 2008.  

2.  The complete facts and circumstances of his initial appointment are not available in his record.  However, his record includes a Written Agreement - Officer Accession Bonus Addendum showing, on 18 December 2008, he acknowledged he understood the eligibility criteria for receiving a $10,000 OAB under the SRIP.  The addendum shows, in pertinent part, he:

	a.  agreed to accept an appointment as an officer to serve in the Selected Reserve (SELRES) in a critical officer skill designated for bonus entitlement by the Chief, ARNG; 

	b.  acknowledged he possessed a skill designated by the Secretary of the Army for bonus entitlement or he would accomplish the necessary training to achieve the skill within 36 months of appointment; 

	c.  agreed to serve in the SELRES for 6 years; 

	d.  acknowledged he would serve satisfactorily for the complete period in the SELRES of the ARNG according to his written agreement and in the critical skill in which accessed, unless excused for the convenience of the government;

	e.  acknowledged he was being accessed into a Modified Table of Organization and Equipment (MTOE) unit that was not identified as an NGB critical unit; 
 
	f.  acknowledged he would receive a bonus of $10,000 paid in two 50 percent installments, the first payable upon completion of the OBC and the second payable on the third-year anniversary of his commission/appointment date; and 

	g.  acknowledged if he did not satisfactorily complete the service obligation incurred under the agreement, to include voluntarily moving to a non-bonus skill;

		(1) his bonus would be recouped in an amount calculated by subtracting the authorized monthly rate multiplied by months served from the total amount of the bonus paid to date, or 

		(2) if he earned more than he had been paid, he would receive a final payment in that amount.

3.  An FB Form 1059 (Basic Officer Leadership Course II Evaluation Report) shows he completed the Basic Officer Leadership Course II on 25 June 2009.

4.  A DA Form 1059 (Service School Academic Evaluation Report), dated 16 October 2010, shows he completed the initial entry UH-60 aircraft qualification course.

5.  The Department of Military Affairs, Boone National Guard Center, Frankfort, KY, issued the following assignment orders:

	a.  Orders 351-852, dated 16 December 2008, transferred the applicant to the S-3 Air, Headquarters and Headquarters Company (HHC), 63d Theater Aviation Brigade, Frankfort, KY.  

	b.  Orders 127-801, dated 7 May 2009, released him from HHC, 63d Theater Aviation Brigade, and transferred him to Company B, 351st Aviation Support Brigade, Frankfort, KY, effective the date of the orders.  The orders show his area of concentration (AOC) at the time was 15D (Aviation Logistics).

	c.  Orders 188-816, dated 7 July 2010, promoted him to first lieutenant.  The orders show he was serving as a production control officer in duty military occupational specialty 15B (Aviation Combined Arms Operations).

	d.  Orders 174-801, dated 23 June 2011, separated him from the Army National Guard effective 21 June 2011.  The orders show his military occupational specialty (MOS) was 15B. 

6.  His record includes a memorandum, dated 16 June 2011, showing he was selected by a board for appointment in the ARNG in the Medical Service Corps (MSC) in AOC 67J.  The memorandum shows he was not entitled to incentive pay.

7.  Orders 175-800, issued by the Department of Military Affairs, Boone National Guard Center, Frankfort, KY dated 24 June 2011, appointed him in the ARNG as a 1LT in the MSC effective 22 June 2011.  The orders show his primary specialty skill identifier is 67J (Aeromedical Evacuation).

8.  He provides a memorandum from the Chief, Education, Incentives, and Employment Division, NGB, showing a request for an exception to policy to pay him the OAB was denied.  The memorandum states his OAB was initially authorized in AOC 15D, but supporting documentation showed a 15D vacancy did not exist in the KYARNG.

9.  DA Pamphlet 611-21 (Military Occupational Classification and Structure) provides authorized branches, functional areas, medical functional area, AOC, skill identifiers, and guidance on the use of these codes in the classification of officer positions and personnel.  The website associated with the pamphlet lists notifications of future changes.  A notification of future change published by the Army Human Resources Command on 7 April 2006 announced the deletion of AOC 15D and revision of AOC 15B to include the duties, functions, positions and personnel transferred from AOC 15D.  The notice stated, in effect, personnel in AOC 15D would be reclassified in AOC 15B and that all associated changes, to include updating Tables of Organization and Equipment,  were to be made by 30 September 2009. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that, until he was appointed as a 1LT in the MSC on 22 June 2011, he had met the service and educational requirements of his OAB agreement.  

2.  Although he served only briefly in AOC 15D, through no fault of his own, his AOC was changed to 15B as the result of Army-wide AOC reorganization.  The change in AOC is insufficient reason to deny him bonus payment.  It would be appropriate to pay him the portion of his bonus earned during the 30 months he served in AOC 15D and 15B prior to his reappointment in AOC 67J.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying him, from Army National Guard funds, the portion of his bonus earned during his 30 months of service in AOC 15D/15B.  



2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to payment of the full bonus amount.



      ___________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)                                         AR20110012936





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ABCMR Record of Proceedings (cont)                                         AR20110012936



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