BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120017316 


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 approval of an exception to policy (ETP) to retain a Warrant Officer Accession Bonus (WOAB).

2.  He states:

	a.  After completing the Warrant Officer Basic Course (WOBC) and prior to starting the Rotary Wing Aviation Course at Fort Rucker, AL, in May 2006, he was told he was not eligible for the WOAB due to his status as a Washington Army National Guard (WAARNG) military technician, of which he was already aware.

	b.  He completed the paperwork for a bonus and no records were uploaded to the Integrated Personnel Electronic Records Management System.  Also, no bonus control number was issued.  In May 2012, approximately 5 1/2 years later, he received an email stating that a bonus was given to him that wasn't authorized and that he had to repay.  He had to check his bank records to verify if he had received any money outside of his regular pay.  He found that a deposit was made in December 2007 while he was deployed to Iraq.  This was issued without his prior knowledge or permission and with no accompanying paperwork and no explanation.

	c.  No bonus control number was ever issued to him and he was not expecting to receive any special pay for completing flight school for becoming a warrant officer after being a noncommissioned officer.  This error initially occurred over 6 years ago and is now being brought to his attention.  He feels it is unjust for him to be responsible to fix it.  He had spoken with his State Incentive Manager (IM) and the IM stated the action occurred while the IM was deployed.  The IM also stated the person filling in for him should never have submitted the paperwork for this bonus and that person did not inform him of his actions.

3.  He provides a copy of a memorandum from the National Guard Bureau (NGB).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the WAARNG on 27 March 1991.  He was honorably discharged on 2 May 2006 to accept an appointment as a warrant officer.  He was appointed as a warrant officer one in the WAARNG on 3 May 2006.  He completed the oaths of office the same day.

2.  His available records do not show he completed and signed a Written Agreement – WOAB Addendum.

3.  His record contains Orders 182-146 issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, dated 1 July 2006, which authorized him entitlement to Aviation Career Incentive Pay (ACIP) effective 26 June 2006.

4.  He completed WOBC on 12 July 2007.

5.  His records also contain Orders 220-02 issued by NGB, dated 8 August 2007, which authorized him entitlement to ACIP effective 13 July 2007.

6.  He was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 1 October 2007.  He was honorably released from active duty on 8 August 2008.

7.  He provides a copy of a memorandum from the ARNG Deputy G-1, NGB, dated 26 June 2012.  The ARNG Deputy G-1 states:

	a.  An ETP to retain the $10,000.00 Officer Accession Bonus (OAB) offered at the time of his appointment on 3 May 2006 is denied.  The State IM will terminate the incentive with recoupment.

	b.  In accordance with ARNG Selected Reserve Incentive Program Guidance 06-05 effective 27 January 2006-31 May 2006, eligible applicants were offered the OAB.

	c.  The applicant was appointed in the WAARNG on 3 May 2006 for the OAB in critical skill military occupational specialty 153D (Utility Helicopter-60 Pilot).  However, a Written Agreement – WOAB Addendum cannot be located.  In accordance with Department of Defense Instruction 1205.21, paragraph 6.2, "Each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped."  In addition, the applicant has been serving as a military technician since 1991 and is ineligible to accept the OAB.  The State IM will terminate the incentive with recoupment.

	d.  The applicant may file a claim with the Army Board for Corrections of Military Records if he believes than an error or injustice still exits.

8.  Title 37, U.S. Code, section 373(a), states a member of the Uniformed Services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.

9.  Title 37, U.S. Code, section 373(b), states that pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the Uniformed Services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and found not to have merit.  The evidence of record shows he had been serving as a military technician since 1991 and was ineligible to accept the WOAB at the time of his appointment in the WAARNG on 3 May 2006.  A review of his records also failed to reveal he completed and signed a written agreement for the bonus.  Normally, applicants must sign their addendum on the date they are appointed.

2.  There is no evidence of record and he provided insufficient evidence to show he was eligible for the OAB.  By his own admission, he stated that he was told he was not eligible for the bonus at the time of his appointment in May 2006.  There is also no evidence of record and he provided insufficient evidence to show the incentive was unjustly terminated with recoupment of any advanced payments.  Therefore, he is not entitled to an ETP for a WOAB.

3.  The bonus was not unjustly recouped.  By his own admission the applicant knew he was not entitled to it.  Without evidence to the contrary, the action taken by the ARNG Deputy G-1 to terminate the incentive with recoupment appears to be proper and he has not shown otherwise.

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 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)                                         AR20120017316



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ABCMR Record of Proceedings (cont)                                         AR20120017316



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