IN THE CASE OF:
BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120016808
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 an exception to policy (ETP) to receive an officer accession bonus (OAB) in the amount of $10,000 offered at the time of his commissioning.
2. The applicant states:
* on 19 December 2009, he signed a contract that entitled him to an OAB for the 15A (General Aviation) area of concentration (AOC) which he was told was a critical officer skill
* he fulfilled all conditions in the contract to receive the bonus
3. The applicant provides:
* OAB Addendum, dated 19 December 2009
* ETP request and denial memoranda
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Army Military Human Resource Record (AMHRR) extracts
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a first lieutenant in the Missouri Army National Guard (MOARNG) on 19 December 2009.
2. His OAB Agreement shows:
* he agreed to serve in AOC 15A which was a critical officer skill designated for bonus entitlement
* a bonus control number was assigned to the OAB Agreement
* the incentive manager (IM) failed to sign the OAB Agreement
3. On 6 August 2012, the National Guard Bureau (NGB) disapproved the request for an exception to policy. The Deputy G-1, NGB stated:
a. in accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06, (effective 1 March 2009 15 June 2010), eligible applicants were offered the OAB.
b. the applicant was commissioned into the MOARNG on 19 December 2009 for the OAB in AOC 15A. AOC 15A cannot be validated as an authorized critical AOC and the Service Representative failed to properly sign and date the Written Agreement at the time of commission. Therefore, the State IM is required to terminate the incentive without recoupment as no payments have been processed.
4. The applicant's DD Form 214 confirms he completed the Initial Entry Rotary Wing (IERW UH-60A/L) Track Aircraft Qualification Course on 5 April 2012.
5. 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 for a period specified in the agreement.
6. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State IM will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
7. Paragraph 14p of Departments of the Army and the Air Force, NGB, Arlington, Virginia, SRIP Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007, states the ARNG offers a $10,000.00 OAB to newly commissioned officers and newly appointed warrant officers who agree to serve six years in a critical Unit Identification Code (UIC) in a valid AOC. The Critical UIC OAB will be paid in one lump-sum payment upon successful completion of Officer Basic Course (OBC) or Warrant Officer Basic Course (WOBC) as applicable.
8. Paragraph 14p also states the ARNG offers a $10,000.00 OAB to newly commissioned officers and newly appointed warrant officers who agree to serve six years in an MTOE [Modification Table of Organization and Equipment] unit in a valid AOC. The MTOE OAB will be paid in two 50 percent installments. The first 50 percent installment ($5,000.00) will be paid upon successful completion of OBC or WOBC as applicable, and the second and final installment of 50 percent will be processed for payment on the third anniversary of commission or appointment.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time the applicant took the oaths of office on 19 December 2009, AOC 15A was not listed as a designated critical officer skill and an OAB was not offered for appointment in this AOC. The SRIP is a periodic program and the U.S. Army Reserve (USAR) and ARNG are authorized to make adjustments to eligible AOC's and publish any additions or restrictions. The program allows the USAR/ARNG to tailor their bonus policies to the needs of that component.
2. Insufficient evidence has been presented showing an error or injustice. The policy guidance was published well in advance of the applicant's commission and OAB Agreement. It appears the incentive manager may have been aware of this and that is why he did not sign the OAB.
3. In view of the foregoing, he 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) AR20120016808
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ABCMR Record of Proceedings (cont) AR20120016808
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