IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20130007133 


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 accession bonus (OAB).

2.  The applicant states:  

* he executed an OAB agreement with the Wisconsin Army National Guard (WIARNG) on his date of commissioning on 17 May 2008
* he reverted to a warrant officer on 19 November 2008 for the needs of the Army
* he went to flight school and was subsequently qualified in military occupational specialties (MOS) 153A (Rotary Wing Aviator), 153D (UH-60 Pilot), and 153M (UH-60M Pilot)
* he received the first installment of the bonus in early 2011
* an exception to policy (ETP), with supporting documentation with the reason for him being commissioned into an excess position, was submitted and denied
* he completed all obligations according to the agreement and the reason for denial of his ETP was not part of the stipulations in the agreement
* he has not met any disqualification criteria as outlined in section 4 of the agreement

3.  The applicant provides:

* self-authored memorandum, dated 2 July 2012


* memorandum from the WIARNG, dated 7 March 2012
* 2 Federal recognition packages
* National Guard Bureau (NGB) Special Orders Number 295R, dated 25 November 2008
* several emails, dated 23 June 2010
* Warrant Officer Critical Area of Concentration (AOC) List, 16 June 2007 through 31 March 2008 and 10 August 2007 through 31 March 2008
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 2010
* DA Form 1059 (Service School Academic Evaluation Report), dated 1 April 2010
* memorandum from Joint Force Headquarters, WIARNG, dated 1 July 2010
* DA Form 759 (Individual Flight Record and Flight Certificate – Army) for the period 1 June 2011 through 31 May 2012
* Officer Critical Skill List – AOC/MOS Description, effective 1 March 2009
* NGB Memorandum, subject:  Request for ETP for OAB, dated
17 December 2012

CONSIDERATION OF EVIDENCE:

1.  On 17 May 2008, the applicant was commissioned a second lieutenant in the ARNG and assigned to 1st Battalion, 147th Assault Helicopter Battalion in an excess position.  He executed a Written Agreement – OAB Addendum wherein he stated he agreed to serve in the Selected Reserve in a unit that was identified as an NGB critical unit identification code (UIC).  He agreed to:

* accept an appointment as an officer in the armed forces in the Selected Reserve in a critical officer skill designated for bonus entitlement by the Chief, NGB
* serve for 6 years in the Selected Reserve
* receive a bonus that accrued on the date the agreement was accepted
* collect half of the money upon completion of the Officer Basic Course (OBC) or the Warrant Officer Basic Course (WOBC) and the second half payable on the third anniversary of his commission/appointment

2.  He and a WIARNG official authenticated this form with their signatures on 8 September 2008.  The Bonus Control Number O08xxxxx7WI was assigned.

3.  On 18 November 2008, the applicant resigned his commission.


4.  On 19 November 2008, the applicant was appointed as a warrant officer (WO) (reappointed from 2nd lieutenant) due to shortages and overages in his unit.

5.  Orders Number 326-526, issued by Joint Force Headquarters, WIARNG, dated 21 November 2008, show he was assigned to Detachment 1, Company C, 1st Battalion, 147th Aviation Regiment as an UH-60 pilot.

6.  His DA Form 1059 shows he completed the UH-60 aircraft qualification course on 1 April 2010.

7.  A Joint Force Headquarters, WIARNG Memorandum, dated 1 July 2010, shows he held primary MOS 153M and his secondary MOS was 153D with an effective date of 5 June 2010.

8.  On 7 March 2012, the applicant was notified of a discrepancy with his OAB due to the fact AOC 15A changed to MOS 153D.  He was advised to submit an ETP to retain his OAB.

9.  On 7 July 2012, the applicant requested an ETP to retain his OAB.  In his request he stated that on 1 September 2008, the 147th Assault Helicopter Battalion reorganized and all 153D positions were changed to 153M positions based on the battalion changing from UH-60A/L model helicopters to UM-60M model helicopters.

10.  On 17 December 2012, the Deputy G1, NGB, denied the applicant's ETP request for the $10,000.00 OAB.  This official stated:

	a.  At the time the applicant (then a 2LT) was appointed, he was branched aviation for critical skill AOC 15A in an excess position, and an incentive was not authorized.

	b.  The applicant was branch changed to Signal Corps before being appointed a WO and returning to aviation.

	c.  Although the MOS may have been considered critical, the Soldier never met the initial eligibility for the incentive; therefore, the incentive is terminated.

11.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009, for the period 10 August 2007 through 30 September 2009 (Policy Number 07-06), dated 10 August 2007, updated 17 February 2009 


and in effect until 30 September 2009, provides for Officer Accession/Affiliation Bonus Options.  This memorandum shows:

	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 UIC.  The Critical UIC OAB will be paid in a lump-sum payment upon successful completion of OBC or WOBC as applicable, and the second 50 percent installment will be processed for payment on the third-year anniversary of commission or appointment.

	b.  Paragraph 12a(1) states eligible individuals must never have held a commission as an officer or appointment as a warrant officer in any of the armed forces of the United States.

	c.  Paragraph 12a(3) states officers must be assigned to a valid, vacant position; or against a projected vacancy within 101 percent to 125 percent of the unit’s authorized wartime strength by MOS/AOC at the battery, company, or troop level.

	d.  Paragraph 15f states termination without recoupment is authorized when eligible individuals are involuntarily separated from the ARNG as a result of unit inactivation, relocation, reorganization, or a Department of Defense (DOD) directed reduction in the ARNG force.

	e.  AOC's 153D and 153A are listed on the NGB Warrant Officer Critical AOC List for the period 16 June 2007 through 31 March 2008 (extended to 30 September 2009).

	f.  AOC 15A is listed on the Critical Officer AOC List for the period 10 August 2007 through 31 March 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of a $10,000.00 OAB was carefully considered.

2.  Although the applicant executed an OAB Agreement and he was given a BCN upon his commissioning as a 2LT, he was assigned to an excess position.  Further, he was branch changed from aviation to signal corps and he resigned his commission prior to fulfilling the terms of his OAB Agreement.

3.  On 19 November 2008, he was appointed a warrant officer and assigned as a UH-60 pilot.
4.  Further, he fails to provide evidence showing he was involuntarily separated from the Selected Reserve as a result of unit reorganization or a DOD-directed reduction in ARNG force.

5.  In this case, NGB Policy Memorandum Number 07-06 stipulates officers must be assigned to a valid vacant position and have never held a commission as an officer in any of the armed forces of the United States.

6.  In view of the above, 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)                                         AR20130007133



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ABCMR Record of Proceedings (cont)                                         AR20130007133



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