IN THE CASE OF:	  

		BOARD DATE:  10 January 2013

		DOCKET NUMBER:  AR20120009362 


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 cancellation of the officer accession bonus (OAB) debt against him.

2.  The applicant states:

* he was incorrectly offered an OAB by the Montana Army National Guard (MTARNG) Incentive Manager
* the Incentive Manager was not aware of current guidelines in the OAB program
* the Incentive Manager has caused him an injustice
* the Incentive Manager has been relieved of the position due to many errors made
* he was led to believe that all he had to do was sign the OAB contract and he would get a bonus – he feels he was tricked and misled
* had he known he was ineligible to receive the OAB, he would not have signed the contract
* he was paid $5,000.00 as part of his bonus – he never received the other $5,000.00
* his leave and earnings statement and the current Incentive Manager informed him he would not be receiving the second half of the OAB due to an administrative oversight on behalf of the previous Incentive Manager
* his exception to policy request for the remaining OAB was denied
* he is now being charged recoupment of the $5,000.00 OAB he was paid
* he does not believe he should be charged the recoupment because he was misled and tricked by the Incentive Manager to sign a contract for the bonus
* he should be given a waiver for recoupment of the OAB

3.  The applicant provides:

* Reenlistment/Extension Bonus Addendum, dated 2 November 2005
* OAB Addendum, dated 27 March 2009
* DA Form 2823 (Sworn Statement), dated 2 April 2012
* DA Form 200 (Transmittal Record), dated 3 May 2012
* memorandum, Deputy G-1, National Guard Bureau (NGB), Arlington, VA, dated 25 April 2012, subject:  Request for Exception to Policy for OAB
* memorandum, MTARNG State Incentive Manager, Joint Force Headquarters, Fort Harrison, MT, dated 26 April 2012, subject:  Notification to Exception to Policy Result
* memorandum, G-1, Joint Force Headquarters, Fort Harrison, MT, dated 26 April 2012, subject:  Notification of Incentive Eligibility Termination

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the ARNG, the applicant was commissioned as a second lieutenant in the MTARNG on 20 March 2009.  His area of concentration is 31A (Military Police).  The applicant is presently serving in the MTARNG in the rank/grade of first lieutenant/O-2.

2.  As an enlisted Soldier, the applicant signed a 6-year Reenlistment/Extension Bonus Addendum on 2 November 2005 for a lump sum payment of $15,000.00.

3.  On 27 March 2009, the applicant signed an OAB addendum.  The addendum shows he would receive a bonus of $10,000.00 paid in a lump sum upon successful completion of the officer basic course.

4.  He completed the Basic Officer Leadership Course Phase II on 20 May 2009.

5.  He provides a memorandum from the NGB Deputy G-1, dated a 26 April 2012, which shows a request for an exception to policy for him to retain the OAB was denied.  The memorandum also states:

	a.  The State Incentive Manager will terminate the incentive with recoupment.

	b.  In accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06 effective 1 March 2009 through 15 June 2010, eligible applicants were offered an OAB.

	c.  The applicant was not eligible to receive the OAB due to receiving a reenlistment bonus that had not been terminated.  In accordance with SRIP guidance, the incentive should have been terminated with recoupment if the Soldier served at least 1 day of an enlisted incentive contract term and accepts a commission or appointment.  Additionally, the applicant failed to properly date the written agreement and the service representative failed to properly date and sign the written agreement.  Therefore, the applicant is ineligible to retain the incentive.

6.  The NGB Education and Incentives Operations Message 07-51, change to SRIP Policy Number 07-06, states, "Officer candidates and warrant officer candidates who are currently serving on an enlistment bonus contract will have their bonus terminated without recoupment action affecting the date of commissioning/appointment provided they have served at least 12 months of their enlisted bonus contract.  These Soldiers will be eligible for the OAB."

7.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for cancellation of his OAB debt was carefully considered.

2.  Records show he signed an SRIP agreement on 2 November 2005 and an OAB addendum on 27 March 2009.  He clearly served 12 months of his enlisted bonus contract.

3.  Although the Deputy NGB G-1 denied the applicant’s exception to policy request based on an improperly dated and signed OAB agreement and a failure to terminate his reenlistment bonus contract, the error was not the fault of the applicant.  Notwithstanding the advisory opinion, it appears SRIP Policy Number 07-06 provides that a bonus may be terminated without recoupment provided the member served at least 12 months of their enlisted bonus contract.  Therefore, he is entitled to receive award of his OAB as outlined in his OAB Addendum.

4.  In view of the foregoing, it would be appropriate to correct his record to show his reenlisted bonus contract was terminated prior to him signing his Written Agreement – OAB Addendum.  Additionally, his OAB Addendum should be corrected to show it was properly dated and signed by both him and the service representative.  As a result of these corrections, he should be paid the OAB from ARNG funds according to the terms of Written Agreement – OAB Addendum.  

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:

   a.  his reenlistment bonus contract was terminated prior to him signing his Written Agreement – OAB Addendum
   
   b.  his OAB Addendum was properly dated and signed by both him and the service representative 
   
   c.  paying him the OAB from ARNG funds according to the terms of his Written Agreement – OAB Addendum



      _______ _  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)                                         AR20120009362



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ABCMR Record of Proceedings (cont)                                         AR20120009362



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