IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130001595
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 payment of an Officer Accession Bonus (OAB).
2. The applicant states:
a. He was eligible to receive an OAB based on the requirements at the time he was appointed as a Warrant Officer One (WO1). However, the recruiter and recruiting office failed to cooperate or provide him with any supporting documents. The OAB incentive is a lump-sum payment processed upon completion of the Basic Officer Leader Course/Warrant Officer Basic Course (WOBC) within 24 months of appointment and the verification of qualifications.
b. Prior to his arriving at Fort Rucker, AL, for WOBC and flight school, he was informed of the OAB that he qualified for. He was informed that he would be filing all the required forms for the bonus after completion of his training. Throughout his stay at Fort Rucker, he kept in touch with Chief Warrant Officer Three (CW3) Hxxx, of the Florida Army National Guard (FLARNG) in regard to his status at the school. The topic of the OAB was brought up several times; however, the notion that he needed to have a contract was not discussed until he spoke with Sergeant First Class Lxxxxxxx.
c. Throughout the process of him becoming a WO, he requested many times for supporting documents. However, the recruiting office could not locate or provide him with the bonus addendum. He does not feel he should be penalized because of the lack of cooperation and false information given by CW3 Hxxx.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Orders 059-029, dated 28 February 2011, issued by the Office of the Adjutant General, FLARNG, Saint Augustine, FL, appointed him as a WO1, effective 3 March 2011, for assignment in military occupational specialty (MOS) 153MD (Aeromedical Evacuation Pilot) to Company C, 1st Battalion, 111th Aviation, Jacksonville, FL.
2. Having had prior enlisted Reserve service, the applicants records show he was appointed as a WO1 in the FLARNG and executed an oath of office on 3 March 2011 with a concurrent call to active duty for training.
3. He attended and successfully completed the CH-47D course given at the U.S. Army Aviation Center, Fort Rucker, AL, from 4 March 2011 through 4 October 2012. He was subsequently awarded MOS 154C (CH-47D Pilot).
4. He was honorably released from active duty on 4 October 2012 to the control of his ARNG unit. He completed 1 year, 7 months, and 2 days of creditable active service during this period of service.
5. His records do not contain a bonus addendum.
6. In the processing of this case, an advisory opinion, dated 5 March 2013, was received from the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommended disapproval of the applicant's request for payment of an OAB. The advisory official opined:
a. In order to be eligible for the Reserve OAB as a WO, an individual in the ARNG must meet the Headquarters, Department of the Army eligibility criteria and be appointed in a critically-short MOS listed in the ARNG Selected Reserve Incentive Program (SRIP) in effect on the date the individual makes application for officer appointment/training, or on or before the officers appointment date. In addition to meeting this criteria, the individual must sign an agreement to accept an appointment in a critically short MOS listed in the ARNG SRIP.
b. A review of the ARNG SRIP in effect on 3 March 2011 when the applicant was appointed as a WO1 indicated that neither the MOS he was appointed in, 153MD, nor the MOS he was trained in, 154C, were eligible for the bonus. Therefore, he was not eligible for an OAB and it is reasonable to presume this is the reason why the FLARNG recruiter never offered him a bonus agreement to sign.
7. On 8 March 2013, the applicant was provided a copy of this advisory opinion for his information and to give him the opportunity to submit comments or a rebuttal. However, he did not respond.
DISCUSSION AND CONCLUSIONS:
The evidence of record and the advisory official confirm the applicant was not eligible for an OAB when he was appointed as a WO1 on 3 March 2011. Neither the MOS he was appointed in, 153MD, nor the MOS he was trained in, 154C, were listed as critically-short MOSs that were eligible for the bonus according to the ARNG SRIP in effect at the time. Therefore, 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) AR20130001595
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