IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20130009238
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
15. On 10 May 2013, new information was received from the Army National Guard (ARNG), State Incentive Manager, KS, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120001001, dated 8 January 2013. That official noted that the ABCMR based its decision on the date the applicant completed the Warrant Officer Basic Course (WOBC) rather than the date he was appointed.
16. The evidence submitted consists of a memorandum, Subject: ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06).
17. Policy Number 07-06 was previously considered, but the ARNG State Incentive Manger, KS, pointed out that it also states that a member who receives a bonus and later accepts an Active Guard Reserve (AGR) position or a Military Technician position where membership in the ARNG is a condition of employment, and the member has served at least 6 months of the incentive contract term, the bonus will be terminated without recoupment.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20120001001, dated 8 January 2013, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.
7. The ABCMR determined in Docket Number AR20120001001 that based on the date the applicant completed WOBC, 17 September 2009, and accepted an AGR position on 16 February 2010, he was entitled to 5 months of the 72-months of bonus pay. The monthly rate was calculated by multiplying the total bonus amount ($10,000.00) by 72 (6 years of service in the Selected Reserve) for a monthly rate of $138.00. He was granted a total payment of $694.40 for a 5-month period.
8. As the ARNG State Incentive Manager, KS, noted, the bonus is terminated without recoupment as long as the Soldier serves 6 months of the incentive contract. The ABCMR recommended payment based on the applicants WOBC completion date; however, it should have recommended payment based on the date of his appointment (18 March 2008). Therefore, he served over 6 months of the incentive contract and is entitled to the initial 50 percent ($5,000.00) of the bonus agreed upon for completing WOBC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant partially amending the Boards recommendation appearing in ABCMR Docket Number 20120001001 dated 8 January 2013 to read:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing a manual bonus control number for placement on his timely-prepared and signed OAB Addendum was issued on the date of his appointment and paying him his initial payment of the OAB in the amount of $5,000,00 out of ARNG funds.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying him the full OAB of $10,000.00.
_______ _ _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) AR20130009238
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20130009238
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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