BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20120000201
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 payment of an officer accession bonus (OAB) for his appointment as a warrant officer in the Kansas Army National Guard (KSARNG).
2. The applicant states:
a. He attended Warrant Officer Candidate School (WOCS) at Fort Rucker, AL, and continued on to aviation school on a continuous order. Prior to leaving for WOCS, he was told the National Guard Bureau (NGB) liaison would do the OAB control number once he completed the OAB addendum for signature at Fort Rucker. Fort Rucker personnel advised him that they did not do the request and to sign the addendum when he returned to his state. Once he returned to Kansas, it was identified as an issue since a control number was not issued at Fort Rucker and his name was not on the OAB list that the NGB sent for a manual upload of control numbers. As such, he never received the OAB.
b. He was then told the OAB was no longer available and because he didn't get the proper paperwork in on time he would not get the bonus. He feels he has upheld his end of the bargain by successfully completing WOCS and flight school. He feels he is entitled to the bonus that was available prior to his being given erroneous guidance.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior enlisted service, the applicant was appointed as a warrant officer (WO) in the KSARNG and executed an oath of office on 18 March 2008.
3. He attended and successfully completed the UH-60 Pilot Course, Fort Rucker, AL, from 25 March 2008 to 2 December 2009. He was promoted to chief warrant officer two (CW2) on 22 May 2010.
4. On 1 September 2010, the KSARNG military personnel officer submitted a request to the NGB for an exception to policy to allow the applicant and eight other aviation officers in specialty 153D (UH-60 Pilot) to contract for an OAB as, through no fault of their own, they were not afforded the opportunity to do so while at Fort Rucker, AL.
5. On 23 September 2011, the Chief, Education, Incentives, and Employment Division, NGB, denied the request. The official stated that in accordance with the ARNG Selected Reserve Incentive Program (SRIP) Policy Guide for Fiscal Year (FY) 2007, 2008, and 2009, a $10,000 OAB was offered for the applicant's critical specialty of 153D at the time he executed an oath of office. However, an incentive agreement was not executed nor was there a request for a control number at the time of commissioning. Retroactive entitlement to the incentive was not authorized. Therefore, he did not meet the eligibility criteria and remained ineligible to receive the incentive or a bonus control number.
6. On 14 January 2011, the applicant submitted a request through the KSARNG for an exception of policy to be granted the OAB. On 9 February 2011, the
adjutant general, KSARNG, forwarded the request to the NGB and stated he fully supported the request as the applicant should not be penalized for being incorrectly advised on the administrative process for the granting of the OAB.
7. On 4 March 2011, the Chief, Education, Incentives, and Employment Division, NGB, returned the request without action. The official stated a previous request had been submitted and it was determined that the applicant was ineligible for the OAB; however, the applicant had the option to file a claim with the ABCMR.
8. ARNG SRIP Policy Guide for FY07, 08, and 09 stated, in pertinent part, retroactive entitlement to an incentive offered under this policy is not authorized. To qualify for an OAB the officer must sign the OAB addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was appointed as a WO in the ARNG on 18 March 2008 and he did not sign an OAB addendum on that date. Although he may have been given incorrect information about the OAB, there is no evidence that he signed the required OAB addendum on the date he was appointed for entitlement to an OAB and insufficient evidence to show he relied upon a written agreement for an OAB in exchange for entering the ARNG as a WO. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20120000201
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