IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110020904
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 entitlement to a $10,000.00 Selected Reserve Incentive Program (SRIP) Officer Accession Bonus (OAB).
2. The applicant states, in effect, when he signed up for flight school he was told he would get a $10,000 OAB upon completion of the course. When he got to Fort Rucker, AL he was told his state had to handle it and the issue was referred to the National Guard Bureau (NGB). The applicant believes he is entitled to the bonus.
3. The applicant provides copies of six documents written between himself, the Kansas Army National Guard (KSARNG), and the NGB related to the SRIP OAB.
CONSIDERATION OF EVIDENCE:
1. The applicant, currently an ARNG chief warrant officer two (CW2), had prior Regular Army enlisted service from 4 August 1998 through 30 November 2002.
2. He enlisted in the ARNG on 3 September 2008 and completed Warrant Officer Candidate School (WOCS) on 11 December 2008.
3. A U.S. Army Human Resources Command Memorandum, dated 14 April 2010, appointed the applicant a Reserve Warrant Officer of the Army with an effective date of 12 December 2008.
4. The applicant completed the training requirements and he was awarded the Army Aviator Badge and Aeronautical Designation for an Army Aviator as a graduate of the UH-60 Class Number 10-922, effective 27 May 2010.
5. An NGB memorandum, dated 23 September 2010, advised the KSARNG that the request for an exception to policy to award the OAB to ten aviation warrant officers was denied. This denial was based on the fact that none of the warrant officers had executed an incentive agreement or been assigned control numbers prior to or at the time of commissioning. In accordance with SRIP guidance in effect at the time of their commissioning an agreement had to be completed and a control number issued. Retroactive entitlement was not authorized. It was also stated that the Military Personnel Office should ensure that all elements responsible for incentive processing be properly trained to preclude this issue from negatively affecting Soldiers in the future.
6. In a memorandum, dated 14 January 2011, the applicant requested an exception to policy for payment of the $10,000 OAB. He stated, in effect, he completed WOCS in 2008 and he was told he would be eligible for the OAB when he completed his military occupational specialty (MOS) qualifications. He is fully MOS qualified and he should not be penalized for being misinformed as to when he had to complete the OAB addendum.
7. In a memorandum, dated 4 February 2011, the KSARNG Incentive Manager stated that the applicant (and nine others) had been left off of the OAB list and they were not afforded the opportunity to properly apply for the OAB. They were not at fault for the lack of proper application and had complied with the instructions they were given. It was noted that personnel office procedures for incentives had been changed to prevent future occurrences of this type of error.
8. The KSARNG G-1 and the Kansas Adjutant General (Major General T____) recommended approval of the exception to policy request.
9. The NGB again denied the request and the KSARNG notified the applicant of this denial and his option to apply to the Army Board for Correction of Military Records.
10. Army National Guard Selected Reserve Incentive Policy (07-06), dated 10 August 2007; and Education and Incentives Operation Messages 10-007, dated 11 January 2010; and 10-017, dated 27 April 2010 state that for an
aviation warrant officer eligibility requirements for SRIP include completion of an OAB addendum prior to or at the time of commissioning and issuance of a control number.
DISCUSSION AND CONCLUSIONS:
1. The applicant states when he signed up for flight school he was told he would get a $10,000 OAB for completion of the course. When he got to Fort Rucker he was told his State had to handle the issue and the issue was referred to the NGB. The applicant believes he is entitled to the bonus.
2. The applicant (and several other KSARNG aviation warrant officers) appear to have been either misinformed or improperly counseled on the procedures for applying for the SRIP OAB.
3. Based on the available evidence both the NGB and KSARNG admit that errors were made on the part of incentive processing personnel due to improper training or guidance on SRIP OAB procedures. Therefore, the applicant should not be penalized due to errors that were not his own or out of his control.
4. The applicant's records should be corrected to show that he properly completed an OAB addendum prior to acceptance of his commission and he is entitled to the $10,000 OAB.
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 to show
the applicant properly completed an OAB addendum, was issued a control
number prior to acceptance of his commission, and he is entitled to the $10,000 OAB to be paid out of Army National Guard funds.
___________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) AR20110020904
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ABCMR Record of Proceedings (cont) AR20110020904
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