IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130010361 


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, in effect, correction of his records to reflect his entitlement to the remainder ($5,000.00) of an officer accession bonus (OAB) and cancellation of any recoupment actions.

2.  The applicant states he graduated from Officer Candidate School on 18 August 2008.  During the accession process, his class was briefed by the State accessions officer.  He informed the class that if they accessed into a critical branch they would receive a $10,000.00 OAB.  He selected and accepted a commission in Air Defense Artillery (ADA) area of concentration (AOC) 14A, a critical branch and assumed that he would receive an OAB.  He reported to the ADA Basic Officer Course in September 2008 and graduated in March 2009.  Upon return to his unit, he was selected to deploy to Afghanistan.  Due to deployment manning requirements, he was placed in a "derivative unit identification code unit" in a paragraph and line in AOC 91A (Ordnance, General) that he was not qualified in.  On 15 December 2009, during his deployment to Afghanistan, he received $5,000.00 (half of his bonus) and he was told he would receive the second half on his 3-year anniversary.  Recently he received notification that the second half of his bonus was denied because his incentive agreement was missing.  His request for an exception to policy (ETP) was denied by the National Guard Bureau (NGB).

3.  The applicant provides:

* Oath of Office


* Army Board for Correction of Military Records (ABCMR) Record of Proceedings in Docket Number AR20120007223, dated 15 November 2012
* NGB ETP denial, dated 1 May 2013
* DA Form 2823 (Sworn Statement), dated 29 March 2013

CONSIDERATION OF EVIDENCE:

1.  On 18 August 2008, the applicant was appointed as a Reserve commissioned ADA officer in the rank of second lieutenant in the Florida Army National Guard (FLARNG).

2.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the ADA Basic Officer Leadership Course (BOLC) Phase III on 10 March 2009.

3.  A Personnel Qualification Record, dated 9 September 2010, shows at the time he was assigned to an AOC 91A position.  His basic branch is listed as "AD."

4.  His Personnel Qualification Record shows he was assigned to an AOC 91A position on 14 April 2010.  It further shows he was ordered to active duty for 1 year in an AOC 91A position effective 18 November 2010.

5.  A DA Form 67-9 (Officer Evaluation Report) for the rating period 18 November 2010 through 17 November 2011 shows he served in an AOC 91A position during the rating period.  The report lists his designated AOC as 14A.

6.  A DA Form 67-9 for the rating period 18 November 2011 through 17 November 2012 shows he served in an AOC 42B (Personnel Systems Management) position during the rating period.  The report lists his designated AOC as 14A.

7.  He provides a DA Form 2823, dated 29 March 2012, stating he was due the second half of his OAB.

8.  On 3 September 2012, the FLARNG requested an ETP stating the applicant had enlisted for an OAB on 18 August 2008 and he had received an initial payment of $5,000.00 on 15 December 2009.  Although the OAB agreement could not be found, a review of the policy and his Oath of Office supports an incentive being offered at the time of commissioning.  The applicant had 


accepted an incentive offer made by the FLARNG in good faith and he had otherwise fulfilled his obligations under the contract as of the date of the request.

9.  He submits NGB's denial of the request for an ETP, dated 1 May 2013, that directed the State Incentive Manager terminate his OAB with recoupment.  The denial also indicated the applicant had contracted for AOC 91A; however, he was currently serving in AOC 14A.

10.  He provides an ABCMR Record of Proceedings pertaining to another applicant wherein the Board recommended granting relief to that applicant for correction of her records to show she was entitled to an OAB despite her missing an OAB agreement.  In her case, an Office of the Deputy Chief of Staff, G-1 advisory opinion confirmed the applicant was eligible to receive an OAB and recommended she receive it.  There was no evidence that she had not fulfilled her obligations in regard to receiving the OAB.

11. There is no evidence of record and the applicant did not provide any documentation pertaining to his OAB.

12.  NGB Policy Number 07-06, dated 10 August 2007, subject:  ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 2008, and 2009, 10 August 2007 - 30 September 2009, with updates, provided the general criteria for the OAB.  The ARNG offered two OABs (one of which was paid in a lump sum with the other paid in two installments of 50 percent each).  Requirements to be met by officers included:

* agreeing to serve for a period of not less than 6 years in an active drilling status to receive a $10,000.00 bonus
* agreeing to serve in a critical skill AOC for the full length of the incentive contract term
* signing the OAB Addendum on the date they accept their appointment
* successfully completing the BOLC in their designated AOC within 36 months of the date of their appointment

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he entered into an agreement for the OAB in AOC 14A has been carefully considered.  However, there are no incentive addenda in the applicant's available record and the applicant has not provided a copy of same.  The FLARNG stated a review of the policy and the applicant's Oath of Office supported that an incentive was offered at the time of his 


commission.  However, NGB stated he contracted for AOC 91A (not 14A); therefore, his OAB should be terminated with recoupment.

2.  Notwithstanding, that it is unclear based on the available evidence whether the applicant was initially entitled to an OAB, evidence shows he served in other than both 14A and 91A positions.  The ABCMR makes its recommendations on each case based on the evidence and circumstances involved.  There was no indication the applicant in the "sample" case had failed to fulfill her obligations regarding the OAB.  However, evidence shows the applicant in this case failed to fulfill the obligations of an OAB agreement to serve in a contracted critical skill AOC for the full length of the incentive contract term.

3.  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)                                         AR20130010361



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ABCMR Record of Proceedings (cont)                                         AR20130010361



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