BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20130006959 


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 a $10,000.00 Officer Affiliation Bonus (OAB).

2.  The applicant states:

* The warrant officer strength manager promised him that he would be paid the OAB upon completion of flight school
* He was also told the bonus contract was binding and that he would be paid upon return from training
* From reenlistment through completion of flight training he was led to believe he would be paid the bonus
* He understands he technically should not have been promised the bonus; however, since a promise was made, he made plans accordingly

3.  The applicant provides:

* A request for an exception to policy and a National Guard Bureau (NGB) denial memorandum
* Written Agreement - Officer/Warrant OAB Addendum
* Email exchanged between the State incentives manager and others
* Orders for annual training
* DD Form 214 (Certificate of Release or Discharge from Active Duty)



CONSIDERATION OF EVIDENCE:

1.  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.  He was assigned to Company C, 1st Battalion, 121st Aviation.

2.  He provides a copy of a Written Agreement - OAB Addendum, undated.  This form appears to have been executed at some point prior to his appointment as an officer in the ARNG.  It shows he agreed to serve in the Selected Reserve (SELRES) in an unidentified/unlisted critical officer skill/area of concentration/military occupational specialty (MOS) 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 second 50 percent was to be paid on the third year anniversary

3.  The applicant, a service representative, and a witnessing officer authenticated this form with their signatures.  The addendum does not reflect a bonus control number.

4.  He entered active duty on 15 July 2010 and completed the Initial Entry Rotary Wing Aviator, UH-60, Track Class, from 15 July 2010 to 9 February 2012.  He was honorably released from active duty on 9 February 2012.

5.  On 26 January 2012, by memorandum, he submitted a request to the State Aviation Officer, NCARNG, requesting payment of the OAB in the amount of $10,000.

6.  On 17 April 2012, the NCARNG awarded him MOS 153D (UH-60 Utility Helicopter Pilot).

7.  On 30 July 2012, the NGB's Deputy Chief of Staff, G-1 stated an exception to policy to retain the OAB that was offered on 15 July 2010 was denied.  Additionally, he stated:

   a.  The State Incentive Manager (IM) would terminate the incentive without recoupment since no payment was made.

	b.  In accordance with the ARNG SELRES Incentive Program (SRIP) Guidance 10-01, effective 16 June 2010 to 31 July 2011, eligible applicants were offered the OAB.

	c.  The applicant was appointed in the MNARNG on 15 July 2010 for MOS 153D and it cannot be validated as a critical skill at the time of his appointment.  Additionally, the applicant signed his OAB addendum prior to his appointment date which is not in accordance with the SRIP guidance.  Further, the Department of Defense Instruction 1205.21, paragraph E15.1.1.2, provides in order to qualify for the OAB, the recipient must possess a skill designated by the Secretary of the Army for bonus entitlement.  Since MOS 153D cannot be validated as a critical specialty, the incentive would be terminated. 

8. The applicant provides email exchanged between him and the Warrant Officer Strength Manager - NCARNG wherein the applicant was advised that his bonus eligibility would begin upon completion of the Warrant Officer Basic Course (WOBC). 

9.  NGB Policy Number 07-06, in the form of a memorandum, subject:  SRIP Guidance for Fiscal Year (FY) 2007, 10 August 2007 to 31 March 2008, dated
10 August 2007 with updates, provides for Officer Accession/Affiliation Bonus Options.  It states that:

	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 Unit Identification Code (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 a lump-sum payment upon successful completion of the Officer Basic Course (OBC) or 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 OAB 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.

10.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve.  Paragraph 1-7 states that SELRES incentives will be offered in designated units and selected skills only when a valid position vacancy exists.  Valid position vacancies are either current or projected from the unit's organization tables.  These tables include Tables of Organization and Equipment (TOE), Tables of Distribution and Allowances (TDA), MTOE, and Modification Table of Distribution and Allowances (MTDA).

DISCUSSION AND CONCLUSIONS:

1.  In order to be eligible for the SELRES OAB as a warrant officer, the individual must meet the eligibility criteria and be appointed in a critically-short MOS listed in the current ARNG SRIP announcement in effect on the date the individual makes his or her application.  A review of the ARNG SRIP in effect when the applicant was appointed in the NCARNG on 15 July 2010 shows his MOS was not identified as a critical MOS for the bonus.

2.  Since his MOS was not an authorized critical skill for the SELRES OAB and since this information was available to all recruiters for ARNG members at the time of his appointment and on the date he signed his addendum, his request should not be approved.  Although he may have complied with the terms of his contract, he was erroneously offered the bonus.

3.  The written agreement he executed appears to have been completed prior to his appointment and offered him a bonus that was not available to him (or others of the same MOS) on the date it was executed.  As a result, the bonus option was offered to him in error.  Although he continues to meet the terms of his agreement, the bonus was not authorized at the time.  He should not be entitled payment for a non-critical MOS that was not authorized a bonus on that date.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130006959



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006959



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1