BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120005726 


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 correction of her record to show she is eligible for payment of a $10,000.00 Officer Accession Bonus (OAB) she was guaranteed when she entered the Army National Guard (ARNG) in 2008.

2.  The applicant states the National Guard Bureau (NGB) stated she is ineligible to receive the OAB that she signed up for in her contract for enlistment.  The NGB claims she did not complete her training requirement within 36 months of appointment and that she did not attain the area of concentration (AOC) of 15B (Aviation, Combined Arms Operations) that was mentioned in her OAB written agreement.  She further states she attended the Aviation Basic Officer Leaders Course (BOLC), which is the longest of all the branches.  The slot she was scheduled for this course started on 25 July 2010, which meant she would graduate past the 36-month requirement through no fault of her own.

3.  The applicant also states she did not obtain AOC 15B because commissioned officers who graduate from this course are awarded AOC 15A (Aviation, General), not 15B.  She contends the original OAB written agreement should have designated 15A as the AOC to attain, not 15B.  In accordance with
DA Pamphlet 600-3 (Commissioned Officer Professional Development and Career Management), chapter 11, paragraph d(1)(a)1, AOC 15A identifies positions for Aviation lieutenants and captains who have not yet completed a Captains Career Course (CCC).  This AOC identifies aviation officers from accession through the BOLC, the Initial Entry Rotary Wing (IERW) Course, and 

through graduation of a CCC.  Paragraph d(1)(a)2 provides that officers in AOC 15B are graduates of a branch CCC.  They lead sections, platoons, companies, battalions, and brigades, and serve as staff officers in battalion and higher echelon units as well as other duties.

4.  The applicant states she is a lieutenant who has not graduated from a CCC; therefore, she cannot be a 15B.  She attests she graduated from BOLC as soon as she possibly could have and she attained AOC 15A; therefore, she should be entitled to the OAB.

5.  She provides:

* a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* her memorandum, subject:  OAB, dated 23 November 2011
* memorandum from the Deputy G-1, NGB, subject:  Request for Exception to Policy (ETP) for OAB (applicant's name and Social Security Number), dated 1 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Pennsylvania ARNG (PAARNG) in the rank of first lieutenant (1LT).

2.  Her record contains a Written Agreement – OAB Addendum, dated 10 May 2008.  This document shows that in connection with her appointment as an officer and agreement to serve with the ARNG of the United States under the Selected Reserve (SELRES) Incentive Program, she acknowledged she met the following eligibility criteria:

	a.  she agreed to accept an appointment as an officer in the armed forces to serve in the SELRES in a critical officer skill that was designated for a bonus entitlement by the Chief, ARNG.

	b.  she was not accepting an appointment as an officer serving in the SELRES for the purpose of qualifying for a military technician position where membership in a reserve component is a condition of employment or an Active Guard Reserve (AGR) position.

	c.  she was not being accessed for continuous active duty service.

	d.  she possessed a skill designated by the Secretary of the Army for bonus entitlement or she agreed to accomplish the necessary training prescribed by the Secretary concerned to achieve the designated skill within 36 months of appointment.

	e.  she was not currently receiving financial assistance under Chapters 1608, 1609, 1611, 2107, or 2107A of Title 10 United States Code (USC), and would not receive such assistance during the period of this agreement.

3.  This written agreement also stipulated the applicant would be paid the bonus as follows:

	a.  The bonus accrued beginning on the date the agreement was accepted by the Secretary of the Army (SECARMY).

	b.  The total amount of the bonus became fixed upon acceptance of the written agreement by the SECARMY.

	c.  She was being accessed into a Modified Table of Organization and Equipment (MTOE) unit that was not identified as an NGB critical Unit Identification Code (UIC).  She would receive a bonus of $10,000.00 paid in two 50 percent installments.  The first 50 percent would be payable upon her successful completion of the BOLC, and the second and final 50 percent would be payable on the third-year anniversary of her commission/appointment date.

4.  This written agreement also stipulated that if the applicant failed to accept a commission or appointment as an officer, or she did not commence to participate, or did not satisfactorily complete the service obligation incurred under this agreement for any of the reasons listed, she understood that recoupment or entitlement to a portion of the bonus amount would rescinded.  One of the reasons listed for termination of entitlement was if she failed or failed to complete BOLC within 36 months of the date of appointment.  Termination from bonus entitlement and/or any refund made by her would not affect her period of obligation to serve in the Ready Reserve.

5.  The applicant indicated she read and understood each of the statements contained in the written agreement and that no other promise, representation, or commitment had been made to her in connection with the affiliation bonus.  The written agreement was authenticated by herself and a witnessing official and shows that she contracted for AOC 15B.

6.  On 10 May 2008, the applicant was appointed as a Reserve Commissioned Officer in the rank of second lieutenant.

7.  On 22 October 2010, she was promoted to the rank of 1LT.

8.  Her record contains a DA Form 1059 (Service School Academic Evaluation Report) that shows she successfully completed BOLC and that the course had been conducted from 25 July 2010 through 8 September 2011.  As a result, she was awarded the Army Aviator Badge and Aeronautical Designation of Army Aviator.

9.  The applicant provides and her record contains a DD Form 214 that shows she was ordered to active duty for training in order to attend BOLC on 25 July 2010 and she was honorably released from active duty training on 8 September 2011.  This form shows she completed BOLC and her primary specialty was listed as 15A.

10.  The applicant provides and her record contains a self-authored memorandum she rendered on 23 November 2011, that was addressed to a representative of the PAARNG State Incentives Office, Fort Indiantown Gap, Annville, PA.  The purpose of the memorandum was to present cause for failing to meet the deadline of completing BOLC within 36 months of the date of appointment in accordance with her written agreement for the OAB.  She attested she signed the written agreement on 10 May 2008, she obtained a reservation for BOLC from the NGB, she was slotted to attend the course beginning July 2010, and she graduated on 8 September 2011.  She attested she was unable to obtain an earlier seat date through the PAARNG because she had already acquired a seat through the NGB.  She contended that due to the length of the course, she was not able to complete BOLC within the 36-month deadline and she was requesting an ETP.

11.  The applicant provides and her record contains a memorandum rendered by the Deputy G-1, NGB, dated 1 March 2012, that was addressed to the PAARNG State Incentives Office in response to the applicant's request for ETP.  The Deputy G1 stated the applicant's request to retain the $10,000.00 OAB signed for at the time of her commissioning on 10 May 2008 was denied.  He directed the State Incentive Manager to terminate the incentive without recoupment.  In accordance with ARNG SELRES incentive Program (SRIP) guidance 07-06, eligible applicants were offered the OAB.  The applicant was commissioned into the PAARNG and signed the OAB addendum on 10 May 2008 in critical AOC 15B.  The applicant did not complete her training requirement with the 36-months period outlined within the AOB addendum.  In addition, the applicant became qualified in AOC 15A rather than 15B, violating a requirement of her agreement.

12.  A review of the Army Training Requirements and Resources System (ATTRS) revealed that numerous sessions of the applicant's BOLC were offered each year from 2008 through 2010.

13.  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)  to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph 2 for a period specified in the agreement. 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.  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.  Paragraph (2)(b) 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.

14.  DA PAM 600-3, chapter 11, paragraph d(1)(a)1 provides that AOC 15A identifies positions for Aviation lieutenants and captains who have not yet completed a CCC.  This AOC identifies aviation officers from accession through the BOLC, the IERW Course, and through graduation of a CCC.  Paragraph d(1)(a)2 provides that officers in AOC 15B are graduates of a branch CCC.  They lead sections, platoons, companies, battalions and brigades, and serve as staff officers in battalion and higher echelon units as well as other duties.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant signed a written agreement for a $10,000.00 OAB at the time of her commissioning/appointment in the ARNG on 10 May 2008.

2.  The terms of her written agreement for the OAB stipulated she was required to successfully complete BOLC in AOC 15B within 36 months of the date of her appointment or her entitlement to the OAB would be terminated.

3.  Evidence shows she did not complete BOLC for AOC 15A until 8 September 2011, 4 months beyond the contracted 36-month time limit for eligibility for the OAB.

4.  Since the applicant failed to complete BOLC in a timely manner, her contract was terminated accordingly.

5.  The Deputy G-1, ARNG indicated the denial of her request for an ETP to retain the bonus was also based upon the fact that she had completed BOLC for AOC 15A instead of the contracted AOC of 15B.  However, DA Pamphlet 600-3 clearly states that all Aviation officers are initially qualified in AOC 15A until the completion of a CCC, at which time they would be converted to AOC 15B.  Therefore, the applicant's contention that her written agreement for the OAB should have designated AOC 15A in lieu of 15B is substantiated.

6.  However, this does not have any bearing on the fact that she failed to complete BOLC in the time prescribed in order to be eligible for the OAB.  A review of the ATTRS revealed that numerous sessions of the applicant's BOLC were offered each year from 2008 through 2010.  She attests that she was unable to obtain an earlier class date; however, there is no evidence of record and she did not provide sufficient evidence to support her claim.  Additionally, she provided no documentation from her chain of command in support of her contention or in explanation of why it took over 2 years following her appointment to even begin the BOLC.

7.  The Army has limited funds to apply to bonuses and they must be applied prudently to maximize the Army's return on its investment by ensuring that only those eligible to receive them do so.  As a result, she 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.
ABCMR Record of Proceedings (cont)                                         AR20120005726



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ABCMR Record of Proceedings (cont)                                         AR20120005726



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