IN THE CASE OF:	  

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120011819 


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, as an exception to policy, eligibility for payment of an Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in the Minnesota Army National Guard (MNARNG).

2.  The applicant states:

* he met all of the requirements for military occupational specialty (MOS) 153A0 (General Utility Rotary Wing Aviator)
* he would have been accessed into MOS 153A0 if the Army commissioning requirements had not changed while he was attending the Aviation School at Fort Rucker, AL
* he was accessed into the ARNG as a 153D (UH-60 Utility Helicopter Pilot)
* through no fault of his own he was denied accession into 153A

3.  The applicant provides:

* Request for Exception to Policy for OAB, dated 8 January 2012
* Recommendation for Approval of his Request for Exception to Policy, dated 8 January 2012
* Update of the Officer Accession Critical Skill List, dated 27 August 2010
* Written Agreement Officer/Warrant Officer Accession Bonus Addendum, dated 1 March 2009
* Direct Deposit Authorization for Electronic Funds Transfer
* Information Paper, dated 1 March 2009
* DA Form 1059 (Service School Academic Evaluation Report), dated 5 July 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 July 2011
* Orders 040-1012, dated 9 February 2010
* Special Orders Number 43 AR, dated 9 March 2010

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant accepted an appointment as a warrant officer one (WO1) in the MNARNG on 18 February 2010.

2.  On 18 February 2010, the applicant signed a Written Agreement – OAB Addendum in which he agreed to serve in the ARNG under the Selected Reserve Incentive Program (SRIP) for a period of 6 years.  The addendum also shows he would receive a bonus of $10,000.00 paid in two 50 percent installments.  The first 50 percent installment is payable upon successful completion of the Officer Basic Course (OBC)/Warrant Officer Basic Course (WOBC), and the second and final 50 percent installment is payable on the third-year anniversary of his commission/appointment date.  The applicant acknowledged that he met the eligibility criteria to serve in the Area of Concentration/MOS 153A, which is a critical officer/warrant officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate, in the amount of $10,000.00.

3.  On 27 August 2010, the Chief, Education, Incentives and Employment Division, National Guard Bureau, notified ARNG personnel of an update to the Officer Accession Critical Skill List.  It states that "Warrant Officer MOS 153A is a general MOS that at time of commission and contract for incentive may not be the MOS held by the officer after completion of WOBC.  Personnel know in advance which aircraft they are assigned based upon State force structure. Contractual requirement for a critical skill bonus for officers is a six-year commitment that requires the officer to remain in that MOS for the term of the service agreement.  MOS 153A is removed from the critical skill list effect the date of this message.  Any Warrant Officer contracted for an Officer Accession Incentive for MOS 153A, but not in a 153A para/line duty position and/or who did not retain the 153A MOS after completion of Initial Entry Rotary Wing Flight School (IERW) require submission of exception to policy for review."

4.  The applicant's Service School Academic Evaluation Report shows that, on 14 July 2011, he successfully completed the Junior Officer Professional Development Course, Initial Entry Rotary Wing/Flight School XXI, and Basic Officer Leadership Course B.  He was awarded MOS 153D.


5.  On 8 January 2012, the applicant submitted a request for an exception to policy to receive an OAB for MOS 153A0.  He stated that he graduated from the Army Rotary Wing Course in MOS 153D and because he was not awarded MOS 153A0 he was denied his accession bonus.  He stated he discovered that with the implementation of Flight School XXI all Rotary Wing Aviators graduate with the MOS designation of their assigned advanced aircraft and are unable to ever be branched into MOS 153A0.  He stated he had met all of the requirements of his accession addendum and that through no fault of his own the Army changed their branching guidelines.  He stated he believes he is still entitled to the bonus according to his contract.

6.  On 8 January 2012, the applicant's company commander submitted a memorandum to The Adjutant General (TAG) recommending approval of the applicant's request for an exception to policy to receive an OAB based on completion of commissioning requirements.  The response from TAG is not in the available record.

7.  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.

		(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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be paid an OAB in the amount of $10,000.00 per his OAB Addendum was carefully considered and determined to have merit.

2.  He was appointed a WO1 in the ARNG on MNARNG on 18 February 2010 and his Written Agreement OAB Addendum indicated he would be paid a $10,000.00 bonus in two 50 percent installments.  His first installment would have been payable upon successful completion of WOBC.  He completed the Army Rotary Wing Aviator Course on 14 July 2011.  His second installment would be payable on the third anniversary of his commission/appointment.  It is safe to presume that had the Army not changed its critical skills requirements for aviation officers, he would have been eligible to receive the bonus.

3.  The available evidence shows the applicant fulfilled the requirements to receive the bonus.  Therefore, it would serve the interest of equity and justice to correct his records to show he qualified for payment of an OAB in the amount of $10,000.00.

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 by:

	a.  showing that he qualified for an Officer Accession Bonus in the amount of $10,000.00; and 

	b.  having the Defense Finance and Accounting Service remit payment to him in the amount of $5,000.00, the first installment of the bonus, from ARNG funds, as a result of this correction.




      _______ _   _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)                                         AR20120011819



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ABCMR Record of Proceedings (cont)                                         AR20120011819



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