IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110015646
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 retention of his $10,000.00 commissioning bonus.
2. The applicant states he was commissioned in the Minnesota Army National Guard (MNARNG) on 26 August 2007 and he completed the Basic Officer Leadership Course (BOLC) on 8 February 2008. Upon commissioning, he received an officer accession bonus (OAB) of $10,000.00 for accepting a 3-year mandatory service obligation. He received the first half of the bonus and he was then told that under Federal incentives he would not be paid the second half of his bonus. A copy of the bonus addendum that he signed is missing from his records but that is not his fault. He followed the instructions; however, now through no fault of his own, the first half bonus of $5,000.00 he was paid is being recouped from his pay.
3. The applicant provides:
* Two memoranda
* DD Form 2823 (Sworn Statement)
* DA Form 4187 (Personnel Action)
CONSIDERATION OF EVIDENCE:
1. Having prior Reserve and active service, the applicant enlisted in the MNARNG on 2 October 2000. On 24 August 2004, he extended his enlistment for a period of 3 years and signed a Reenlistment/Extension Bonus (REB) addendum for the 3-year, $2,000 incentive that had a bonus start date of 2 October 2004. His new expiration of term of service (ETS) was 2 October 2007.
2. On 7 September 2005, he extended his enlistment in the MNARNG by 5 years, 11 months, and 3 days. His new ETS was 6 December 2011.
3. On 25 August 2007, he was honorably discharged from the MNARNG in the rank of staff sergeant for the purpose of accepting a commission.
4. On 26 August 2007, he was appointed as a Quartermaster (QM) Corps Reserve second lieutenant (2LT) and he executed a National Guard Bureau (NGB) Form 337 (Oaths of Office) on 26 August 2007.
5. On 15 January 2008, NGB Special Orders Number 10 AR extended him Federal recognition for his initial appointment in the MNARNG as a QM officer in the rank of 2LT with an effective date of 26 August 2007.
6. He was promoted to the rank of first lieutenant on 26 February 2009 and to the rank of captain on 24 May 2011.
7. On 13 April 2011, his unit commander submitted a request for an exception to policy to allow the applicant to retain his Federal commissioning bonus. Submitted with the request was a sworn statement, dated 22 April 2011, wherein his previous commander stated he had been the applicant's commander in 2008 and he supported the request. He further stated the applicant had completed all requirements in good faith in order to receive the OAB and he had been assigned a bonus control number in order to receive his first payment of the bonus.
8. On 3 June 2011, the Chief, Education, Incentives, and Employment Division, NGB, denied the request. The official stated an OAB incentive addendum cannot be located for the applicant. However, research revealed the following:
a. Prior to accepting his commission, and as a sergeant, the applicant extended his enlistment in the MNARNG and signed an REB addendum on 21 August 2004 for the 3-year, $2,000.00 incentive that had a bonus start date of 2 October 2004. He received payment for the full amount of the incentive that was terminated without recoupment per paragraph 11 of the REB.
b. The applicant completed the BOLC on 8 February 2008 and he was paid the initial half of the OAB in the amount of $5,000.00. Upon review of all
substantiating documentation, it was determined he is ineligible for retention of the $10,000.00 OAB. Newly-commissioned officers who retained an enlisted bonus after serving 1 year or more of their enlistment contract term may not receive the OAB.
9. ARNG Selected Reserve Incentive Program (SRIP) Policy Guide for Fiscal Year (FY) 2007, paragraph 12, stated that newly-commissioned officers are prohibited from receiving the OAB if as a result of a commission or appointment their enlisted bonus was terminated without recoupment.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed an REB in the MNARNG on 24 August 2004 for a
3-year, $2,000.00 reenlistment bonus and he received the bonus. He was discharged from the MNARNG on 25 August 2007 for the purpose of accepting an appointment as a commissioned officer. The $2,000.00 bonus was not recouped.
2. He was appointed as a 2LT Reserve officer in the MNARNG on 26 August 2007 and appears to have executed an OAB addendum. However, regulatory guidance states Soldiers who received an enlisted accession or retention bonus and their incentive was terminated without recoupment, are not eligible to receive the OAB. Although he complied with the terms of his written agreement, it appears he was offered and accepted the OAB without being eligible for the bonus.
3. In view of the foregoing, regretfully, he is not entitled to the requested relief.
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.
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