IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120021537 


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 the recoupment action of his $10,000.00 Officer Accession Bonus (OAB) be stopped and he be paid the bonus.

2.  The applicant states the bonus recoupment is based on a technicality and a lost document.  It is no fault of his. 

3.  The applicant provides:

* Exception to policy request
* Denial letter by the National Guard Bureau (NGB)
* Written Agreement - OAB Addendum
* DA Form 1059 (Service School Academic Evaluation Report)
* Control Number 
* Notification of Incentive Discrepancy and Exception to Policy Process
* DA Form 71 (Oath of Office - Military Personnel)
* NGB Special Orders Number 211 AR

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Minnesota Army National Guard (MNARNG) on 26 April 2003 and he held military occupational specialty 11B (Infantryman).  He was honorably discharged from the MNARNG on 13 May 2006 to accept a commission.

2.  He executed an oath of office for appointment in the U.S. Army Reserve on 14 May 2006.  He was transferred to the MNARNG and executed an oath of office as an ARNG commissioned officer on 15 May 2006.  He completed the Infantry Basic Officer Leader Course at Fort Benning, GA, from 27 August to 22 November 2006. 

3.  He provides a copy of a Written Agreement - OAB Addendum, dated 25 March 2008.  This form shows it was executed in connection with his appointment as an officer in the ARNG, wherein he agreed to serve in the Selected Reserve (SELRES) in Unit Identification Code (UIC) WPUUA0, for a critical officer skill/area of concentration (AOC) 11A (Infantry) that is designated for bonus entitlement by the Secretary of the Army.  He agreed to:

* serve for 6 years in the SELRES
* receive a $10,000.00 critical skill bonus to be paid in two installments,
50 percent of which was to be paid upon completion of the Basic Officer Leaders Course (BOLC) and the other 50 percent to be paid on the third year anniversary

4.  The applicant signed the addendum on 20 March 2008, and a service representative and a witnessing officer authenticated this form with their signatures on 25 March 2008.  Additionally, the addendum reflects the bonus control number "008xxxxxxMN."

5.  He also completed the Maneuver Captains Career Course from 12 to 25 June 2010 and he was promoted to captain (CPT) on 26 October 2011.  

6.  On 30 May 2012, the MNARNG Education Services Officer notified the applicant that a discrepancy had been discovered with his bonus that must be resolved.  The reason for the discrepancy was that he was commissioned on 14 May 2006 and signed the OAB Addendum on 20 March 2008 with the service representative signing it on 25 March 2008.  He was not eligible for the incentive and retroactive entitlement is not authorized.  

7.  On 16 June 2012, he submitted a request for an exception to policy and indicated he was always in the MNARNG, as an enlisted Soldier, as a cadet, and as a commissioned officer.  He was told he would be eligible for the bonus prior to commissioning and that was a reason that aided his decision to stay in the MNARNG.  He filled out the written agreement later while he was deployed and even received a control number for this bonus.  The request was verified, processed, and approved.  That made it a valid contract.  He should not be penalized for following the instructions given to him. 

8.  On 10 August 2012, the NGB denied his request and ordered the State Incentive Manager to terminate the incentive with recoupment.  An NGB official stated that according to the ARNG Selected Reserve Incentive Program (SRIP) Guidance 06-05 (effective 3 February 2005 to 25 May 2006), eligible applicants were offered the OAB.  The applicant was commissioned on 14 May 2006 for the critical UIC WPUUAO in the critical AOC 11A but he did not execute the OAB written agreement until 20 March 2008.  According to DOD Instruction 1205.31, a Soldier must execute a written agreement as a condition of receipt of the incentive covered.  Additionally, the service representative dated the written agreement on 25 March 2008.  Retroactive incentives are  not authorized.  Therefore, the State Incentive Manager must terminate the incentive with recoupment.  

9.  ARNG SRIP Guidance 06-05 (3 February 2005 to 25 May 2006), with updates provides for Officer Accession/Affiliation Bonus Options.

	a.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical UIC.  Additionally, officers and warrant officers must serve in a critical AOC vacancy within their chosen UIC.  The Critical UIC Officer Accession Bonus will be paid in lump-sum payment upon successful completion of the Officer Basic Course (OBC) or Warrant Officer Basic Course (WOBC) as applicable.

	b.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a modified table of organization and equipment (MTOE) unit.  Additionally, officers and warrant officers must serve in a valid AOC vacancy within their chosen UIC.  The MTOE Officer Accession Bonus will be paid in two 50-percent installments.  The first 50-percent installment ($5,000.00) will be paid upon successful completion of OBC/WOBC, as applicable, and the second 
50-percent installment will be processed for payment on the third-year anniversary of commission or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the USAR on 14 May 2006.  He was transferred to the MNARNG on 15 May 2006.  Although an OAB was offered at the time for his specialty, there is no evidence he executed a written agreement regarding this bonus.  He provides an agreement that was signed nearly 2 years after he was commissioned.  

2.  Since SELRES OAB information and requirement to execute an agreement was available to all recruiters for ARNG members at the time of his appointment, his request should not be approved.  Although he may have complied with the terms of his contract, he was neither offered the bonus nor agreed in writing to the stipulations associated with such bonus at the time he was appointed. 

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)                                         AR20120021537





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ABCMR Record of Proceedings (cont)                                         AR20120021537



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