IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001013
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 he be paid an Officer Accession Bonus (OAB) in the amount of $10,000.00.
2. The applicant states:
a. he was commissioned into the Florida Army National Guard (FLARNG) on 20 August 2007 and offered an OAB in the amount of $10,000.00. For reasons unknown, a signed copy of the OAB cannot be located in any military or personnel records. As a result, the State Incentive Manager, FLARNG has denied a request for exception to policy (ETP) to pay him the second installment ($5,000.00) and possible recoupment.
b. his time of commission and critical area of concentration (AOC) are both consistent with the OAB program and he should not be penalized due to the administrative mishandling of his record agreement.
c. the distribution and acceptance of the first portion of the OAB ($5,000.00) should in fact constitute a legal agreement of the conditions of the OAB.
3. The applicant provides:
* ETP denial letter
* DA Form 2823 (Sworn Statement), dated 30 November 2012
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard (ARNG) and upon completion of Officer Candidate School (OCS), the applicant was appointed as a second lieutenant in the FLARNG on 20 August 2007.
2. The available records do not contain a written agreement for an OAB.
3. He completed the Military Police Basic Officer Leader Course (BOLC) in October 2008.
4. He was promoted to captain on 21 October 2011.
5. Officials at the FLARNG submitted a request for an ETP for the applicant to retain the $10,000.00 OAB.
6. On 15 November 2012, the National Guard Bureau (NGB) disapproved the request for an ETP because the applicant failed to sign the OAB agreement.
a. NGB directed the State Incentive Manager to terminate the incentive with recoupment.
b. in accordance with ARNG Selected Reserve Incentive Program (SRIP) guidance 07-06, (10 August 2007 28 February 2009), eligible applicants were offered the OAB.
c. the applicant was commissioned into the FLARNG on 20 August 2007 for the $10,000.00 OAB in critical AOC 31A (Military Police). However, he failed to sign the OAB agreement.
d. in accordance with Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), 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." Therefore, the incentive is to be terminated.
7. He provides a sworn statement, dated 30 November 2012, which states:
* in August 2007, he received his commission as a second lieutenant and was eligible for an OAB in the amount of $10,000.00
* his OAB in the FLARNG was to be distributed once he completed his AOC qualification (BOLC) in two payments
* his first payment was received in February 2009
* the final payment was to be received on the third anniversary date, which was 20 February 2012
* because of a clerical error, NGB denied his payment
8. 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows that upon completion of OCS the applicant was commissioned into the FLARNG on 20 August 2007. It appears he received the first installment of an OAB ($5,000.00) upon completion of the BOLC.
2. In 2012, the NGB terminated the incentive with recoupment of the first installment because he failed to sign an OAB agreement.
3. Since there is no evidence and the applicant did not provide any evidence of contracting for an OAB in the amount of $10,000.00, there is no basis for granting the applicant's request.
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) AR20130001013
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