IN THE CASE OF:	  

		BOARD DATE:	    24 January 2013

		DOCKET NUMBER:  AR20120005212 


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 a $10,000 Officer Accession Bonus (OAB). 

2.  The applicant states he signed for an OAB as a warrant officer one (WO1) in military occupational specialty (MOS) 153A (helicopter pilot general) which was on the Wyoming Army National Guard (WYARNG) critical skills list.  However, the manpower managers at Fort Rucker, Alabama insisted that he execute a new oath of office.  This put him outside the time window for the bonus.  Due to the mismatch between his oath of office and his bonus addendum he is being denied the bonus.  He did nothing wrong but the way his warrant officer package was assembled provided him with false information.

3.  The applicant provides copies of correspondence relating to a request for an exception to policy in his case, including;

* His 9 January 2012 memorandum through the Adjutant General (TAG), WYARNG to the Chief, Guard Strength Education, National Guard Bureau (NGB) requesting an exception to policy 
* WYARNG, Commander, 94th Troop Command endorsement recommending approval
* NGB's memorandum, dated 6 February 2012, denying the applicant's request
* His 5 March 2012 letter, To Whom It May Concern 
* Commander, 94th Troop Command endorsement on his letter
* His oath of office as a WO1, dated 27 April 2010 


* DD From 214 (Certificate of Release or Discharge from Active Duty) 
* OAB addendum, dated 1 December 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant, a career ARNG Soldier, was serving as a staff sergeant when, on 1 December 2009, he signed a $10,000 OAB addendum agreeing to accept an appointment as a warrant officer, complete the associated training and to serve the ARNG in MOS 153A, a designated critical skill, for a period of 6 years.  The first installment, 50%, was to be paid when he completed BOLC III training and qualified in the critical skill and the second installment upon the third anniversary.  

2.  He took the oath of office as a WO1 at Fort Rucker, Alabama on 27 April 2010 and served on active duty from that date through 3 November 2011 during which he completed the initial entry rotary wing aviator course and qualified for MOS 153D upon separation.

3.  In support of his request, the applicant submitted the following documents:

	a.  His 9 January 2012 memorandum through the TAG, WYARNG to the Chief, Guard Strength Education, NGB asking for an exception to policy in order to receive his OAB.  He reported that he had been told it had been denied because the bonus addendum and his oath of office had different dates.

	b.  An accompanying memorandum from the Commander, 94th Troop Command, Joint Force Headquarters, WY recommended approval.

	c.  NGB's memorandum, dated 6 February 2012,

* denied the applicant's request
*  explained that a bonus was authorized for MOS 153A, rotary wing aviator (Aircraft Nonspecific ) but not MOS 153D (rotary wing aviator) (UH-60 (Blackhawk))  
* directed that the WY incentive manager terminate the applicant's bonus without recoupment

    d.  The applicant in a 5 March 2012 letter addressed To Whom it May Concern: 

* noted that he had signed the AOB addendum for training and service in MOS 153A as a critical skill on 16 December 2009 and the warrant officer course on 27 April 2010 at which time he was assigned to MOS 153D training
* he observed that 153A is a general rotary wing aviator course and that it is only used for trainees
* he stated, "Every pilot going through flight training… is a 153A until they select their aircraft"
* after an individual is assigned to a particular type of aircraft no one is a 153A since there are no general aviators
* he didn't understand how the bonus could be denied when he had no choice but to change out of 153A

	e.  An accompanying memorandum from a WYARNG unit commander stating that:

* in his opinion, the denial of the applicant's exception to policy request was logically flawed because all flight school students are assigned MOS 153A
* then about halfway through they choose or are assigned a particular aircraft and are then given a new MOS – 153D (UH-60 pilot) in the applicant's case 
* He thought the request for an exception to policy should be reconsidered and approved

4.  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.

5.  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.

6.  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.  

7.  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 aero-scout helicopter pilot.  Upon graduation, the students will have accumulated 179 hours of flight instruction, totaling 149 in an aircraft and 30 in a simulator. 

8.  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.  The applicant graduated WOCS training in MOS 153A.  At that point, specialized training for a specific aircraft and assignment to a unique MOS is appropriate and he trained in and was awarded MOS 153D.  

2.  The denial of his request for an exception to policy from the NGB was reasonable since he is not serving in an authorized OAB MOS, either 153A or 153D.  There is no doubt; the applicant did not serve in MOS 153A a period of six years.  The State Incentive Manager was instructed to terminate the incentive without recoupment.  Unfortunately, MOS 153D was not an authorized OAB MOS.

3.  There is no evidence that the dates of his oath had any impact on the bonus.  No relief is warranted based on that contention.

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)                                         AR20120005212



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ABCMR Record of Proceedings (cont)                                         AR20120005212



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