IN THE CASE OF:	  

		BOARD DATE:  10 October 2013

		DOCKET NUMBER:  AR20130000820 


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) for receipt of an Officer Accession Bonus (OAB).

2.  The applicant states:

	a.  On 6 June 2012, the National Guard Bureau (NGB) denied her request for an OAB.  NGB stated the reason was because she was receiving a reenlistment/
extension bonus (REB) which had not been terminated with recoupment.  The Selected Reserve Incentive Program (SRIP) Guidance states, "newly commissioned officers and newly appointed warrant officers are prohibited from receiving the OAB if, as a result of a commission, their enlisted bonus was not terminated without recoupment," and therefore she remains ineligible.

	b.  She believes this is an error for three reasons:

		(1)  Her enlistment bonus stated, "'I understand I will be terminated from bonus eligibility with recoupment (unless otherwise stated) if I become an unsatisfactory participant by: and lists several reasons…one of which '11.  Accept a commission as an officer or an appointment as a warrant officer after I have served 1 year or more of selected reserve service under this agreement.  Recoupment is NOT required.'"  This agreement was signed on 6 March 2006 and she was commissioned on 17 September 2009.

		(2)  Neither her signed OAB nor her enlistment bonus states "newly commissioned officers and newly-appointed warrant officers are prohibited from receiving the OAB if, as a result of a commission, their enlisted bonus was not terminated without recoupment."  Therefore she remains ineligible.  NGB argued that if she received her commissioning bonus then they would be forced to recoup her enlistment bonus.  However, she falls under one of the "unless otherwise stated" reasons for which recoupment was not necessary.

		(3)  Lastly, she met and still meets all the requirements outlined in her OAB contract.  For these three reasons she feels she is still entitled to her OAB under the guidelines that were set forth in both signed contracts.

3.  The applicant provides:

* NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) – Reenlistment/Extension Bonus Addendum – Army National Guard (ARNG) of the United States)
* Written Agreement – Officer/Warrant Officer OAB Addendum
* exception to policy denial memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) in pay grade E-3 on 9 March 2001.  On 6 January 2006, she was released from the USAR and enlisted in the District of Columbia ARNG (DCARNG) in pay grade E-4.

2.  On 3 March 2006, she executed an NGB Form 600-7-3-R-E for a $15,000.00 bonus for a 6-year reenlistment.  Section V (Termination) of this form states, in part, "I understand I will be terminated from bonus eligibility with recoupment (unless otherwise stated) if I become an unsatisfactory participant by…[a]ccept a commission as an officer or an appointment as a warrant officer after I have served 1 year or more of Selected Reserve service under this agreement.  Recoupment is not required."

3.  She was appointed as a second lieutenant in the DCARNG on 17 September 2009.

4.  She executed a Written Agreement – Officer/Warrant Officer OAB Addendum the same day.  The addendum does not contain the signature and date of the service representative and was not dated by the applicant and a witnessing officer.  Paragraph 3c states, "I am being accessed into the NGB approved critical skill of 88A (Transportation, General) (AOC/MOS) [area of concentration/
military occupational specialty] and shall receive a bonus of $10,000 paid in two installments.  The first 50% installment will be processed upon completion of BOLC III [Basic Officer Leader Course Phase III] and qualification in my critical skill.  The second half and final payment of 50% will be processed on the third year anniversary of my agreement."

5.  She was promoted to first lieutenant on 17 September 2011.

6.  On 6 June 2012, the NGB ARNG Deputy G-1 denied the request for an exception to policy to retain the OAB offered at the time of the applicant's commission on 17 September 2009.  The NGB ARNG Deputy G-1 stated:

	a.  The State Incentive Manager will invalidate the contract.  In accordance with ARNG SRIP Guidance 07-06 with updates (effective 1 March 2009-15 June 2010), eligible applicants were offered the OAB.

	b.  The applicant was commissioned in the DCARNG on 17 September 2009 for the OAB in critical AOC 88A.  Although the applicant signed the OAB agreement, she was serving on a $15,000.00 REB agreement which had not been terminated with recoupment.  The SRIP Guidance states, "newly-commissioned officers and newly-appointed warrant officers are prohibited from receiving the OAB if, as a result of a commission, their enlisted bonus was not terminated without recoupment."  Therefore, the applicant remains ineligible to receive the OAB.

	c.  The applicant may file a claim with the Army Board for Correction of Military Records in accordance with Army Regulation 15-185 (Army Board for Correction of Military Records) if she believes that an error or injustice still exists.

7.  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 evidence of record shows she enlisted in the DCARNG on 6 January 2006 and signed an agreement for an REB.  Upon her appointment as a second lieutenant in the DCARNG on 17 September 2009, she was offered an OAB and executed an OAB addendum.  NGB maintains she is not eligible for the OAB and invalidated the contract.

2.  The NGB ARNG Deputy G-1 opined that the applicant was not eligible for the OAB in accordance with SRIP Guidance 07-06 because she was serving on a REB and that agreement had not been terminated with recoupment at the time of her commissioning.

3.  The applicant's contention that she should be eligible for receipt of the OAB offered at the time of her commissioning on 17 September 2009 was carefully considered.  It appears she believes she met the eligibility requirements for the OAB as stipulated in her NGB Form 600-7-3-R-E.  Notwithstanding this form, she was prohibited from receiving the OAB in accordance with the SRIP Guidance as her REB had not been terminated without recoupment.  

4.  Since her enlistment bonus was not terminated without recoupment, it appears she was authorized the OAB.  In accordance with Title 37, USC, section 373(b), an exception to policy may be granted for repayment requirements and termination of unpaid bonus.  She has completed her contractual obligation in good faith for the OAB; therefore, it would serve the interest of equity and justice to correct her records to show she qualified for payment of an OAB in the amount of $10,000.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

* showing the applicant's request for an exception to policy was approved for payment of a 6-year $10,000 Officer/Warrant Officer Accession Bonus in accordance with the terms of her written agreement in MOS 88A
* paying the applicant both installments of the bonus as specified in her written agreement from ARNG funds



      _______ _  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)                                         AR20120000820



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ABCMR Record of Proceedings (cont)                                         AR20130000820



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