IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130006906
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 reconsideration of an earlier request that he be paid an Officer Accession Bonus (OAB) in the amount of $10,000.00.
2. The applicant states he would like two points clarified in the Army Board for Correction of Military Records (ABCMR) letter of determination:
a. item 8 says the bonus will be paid in two installments. He never received the first installment; and
b. the letter states he only had 36 months to complete the Warrant Officer Basic Course (WOBC) in order to receive his bonus. However, he was granted a 1 year extension for completion of the WOBC by the National Guard Bureau (NGB). He attached the letter as proof of that extension. He was told by a chief warrant officer five that as long as he was attending Phase 3 before the end of the 1 year extension that everything would be OK.
3. He further states:
* Texas has cancelled his 3 remaining Student Loan Repayment Plan payments totaling $9,000.00 because he became an officer
* he has been denied his $10,000.00 OAB
* at this point he is being penalized for becoming a warrant officer and serving his country
4. The applicant provides a memorandum, dated 16 November 2010, from the NGB.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120013736, on 12 March 2013.
2. The applicant provides a memorandum, dated 16 November 2012, from the NGB which states he was granted a 1 year extension for completion of WOBC.
3. This memorandum is new evidence that will be considered by the Board.
4. Having prior enlisted service in the Regular Army, Army National Guard (ARNG), and U.S. Army Reserve, the applicant was appointed a warrant officer one (WO1) in the Texas ARNG (TXARNG) on 20 September 2008.
5. The available records do not contain a written agreement for an OAB.
6. He completed the WOBC on 7 February 2011.
7. He was promoted to chief warrant officer two on 29 June 2012.
8. Records show on 6 March 2012 the NGB denied the applicant's application for an exception to policy to retain the OAB.
9. Records show on 9 March 2012 he was notified by the TXARNG that his incentive contract was terminated because there was no OAB addendum.
10. Paragraph 8 of his original ABCMR record of proceedings (ROP) cites NGB Policy Number 07-06, dated 10 August 2007, ARNG Selected Reserve Incentive Program (SRIP) and provides the general criteria for the OAB. It states "The ARNG offers an OAB which will be paid in two installments." The ROP also indicates the applicant did not complete his WOBC within 36 months as required for the OAB.
11. Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), paragraph 6.2, states "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."
12. 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. The applicant points out his original ABCMR ROP state the bonus would be paid in two installments and that he never received the first installment. However, the ROP cited NGB policy pertaining to the SRIP guidance and criteria for the OAB. The ROP does not indicate he received the first installment.
2. The evidence of record provided by the applicant supports his contention he was granted a 1-year extension for completion of the WOBC by the NGB.
3. The evidence shows he was appointed a WO1 on 20 September 2008.
4. In March 2012, the NGB terminated the incentive because he failed to sign an OAB agreement.
5. Since there is no evidence and the applicant did not provide any evidence showing he contracted for an OAB in the amount of $10,000.00, there is still 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 to amend the decision of the ABCMR set forth in Docket Number AR20120013736, dated 12 March 2013.
_______ _ 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) AR20130006906
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006906
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000266
The applicant requests payment of an Officer Accession Bonus (OAB) of $10,000.00 in accordance with Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance Policy Number 10-01. On 10 July 2013, the NGB ARNG Deputy G-1 denied the request for an exception to policy for the applicant to retain the $10,000.00 OAB offered at the time of the applicant's completion of WOBC on 23 August 2012. As a result, the Board recommends that all Department of the Army and State ARNG...
ARMY | BCMR | CY2012 | 20120002935
IN THE CASE OF: BOARD DATE: 6 September 2012 DOCKET NUMBER: AR20120002935 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, there was no Witnessing Official or Service Representative signature or date on the OAB and a bonus control number was not requested for the incentive. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management...
ARMY | BCMR | CY2013 | 20130015480
In an email transmission to the applicant, dated 14 January 2011, CW3 E____, the Warrant Officer Strength Manager, stated he had attached a bonus agreement for the applicant. d. In an email transmission to the TXARNG Incentive Managers (all), SGT M____ (Incentives Branch), CW3 M____, and CW3 L____ (Warrant Officer Recruiter), dated 1 October 2012, the applicant requested an exception to policy for issuance of his critical skill OAB. He provided an NGB memorandum, dated 10 July 2013,...
ARMY | BCMR | CY2011 | 20110017461
The memorandum states: * In accordance with the ARNG SRIP guidance for fiscal year 2007 (10 August 2007 to 31 March 2008), Policy Number 07-06; the applicant accepted a commission as a warrant officer in the NYARNG on 5 February 2008 * He was accessed into the critical area of concentration skill of 153D but he did not sign the OAB addendum until 7 February 2008 and therefore the incentive is retroactive * SRIP Policy Number 07-06, paragraph (o) specifically states "Applicants must sign...
ARMY | BCMR | CY2014 | 20140003521
The applicant states: a. he signed an OAB contract to serve in area of concentration (AOC)/military occupational specialty (MOS) 250N (Network Management Technician) in the Alabama Army National Guard (ALARNG) on 15 December 2011. b. he was told upon completion of his Warrant Officer Basic Course (WOBC) and was awarded an MOS he would receive a $10,000.00 accession bonus. He was appointed as a WO1 in the ALARNG on 15 December 2011 and his Written Agreement OAB addendum indicated he would...
ARMY | BCMR | CY2013 | 20130001154
The applicant states he was commissioned as a warrant officer (WO) of the Florida Army National Guard (FLARNG) on 4 May 2010 and he was told that he would be getting an accession bonus after completing the warrant Officer Basic Course (WOBC) for his military occupational specialty (MOS). For unknown reasons, the state incentive manager did not obtain the BCN nor process the applicant's written agreement for payment of his bonus. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120011819
The applicant requests, as an exception to policy, eligibility for payment of an Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in the Minnesota Army National Guard (MNARNG). It states that "Warrant Officer MOS 153A is a general MOS that at time of commission and contract for incentive may not be the MOS held by the officer after completion of WOBC. He was appointed a WO1 in the ARNG on MNARNG on 18 February 2010 and his Written...
ARMY | BCMR | CY2013 | 20130006959
With prior enlisted service in the North Carolina Army National Guard (NCARNG), the applicant was appointed as a Reserve commissioned officer of the NCARNG and executed an oaths of office on 15 July 2010. Additionally, the applicant signed his OAB addendum prior to his appointment date which is not in accordance with the SRIP guidance. 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...
ARMY | BCMR | CY2012 | 20120016808
His OAB Agreement shows: * he agreed to serve in AOC 15A which was a critical officer skill designated for bonus entitlement * a bonus control number was assigned to the OAB Agreement * the incentive manager (IM) failed to sign the OAB Agreement 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing...
ARMY | BCMR | CY2011 | 20110020126
Therefore, as a matter of equity in that case the Board recommended the records of that applicant, one of the WOs listed on the 23 September 2010 memorandum, be corrected by show a manual bonus control number was placed on his OAB Addendum with an issue date of his appointment/commissioning and paying him the $10,000.00 bonus, out of ARNG funds. In a memorandum, dated 4 February 2011, the KSARNG Incentive Manager stated that the applicant and the eight other WOs were advised that once they...