IN THE CASE OF:	  

		BOARD DATE:	    22 August 2013 

		DOCKET NUMBER:  AR20130011873 


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 the recoupment action of his $10,000.00 Officer Accession Bonus (OAB) be stopped.

2.  He states upon being commissioned in 2006, he was awarded a $10,000.00 commissioning bonus for selecting 35D (Military Intelligence (MI)) as his branch.  He explains recoupment was initiated due to the fact that the service representative and incentive manager (IM) for the state of Montana signed his officer accession agreement over one year after his commissioning date.  He offers his entire packet was left in the control of the officer personnel manager for Montana and he is unaware of why they waited so long to sign their portion of the contract.

3.  He provides the following:

* Self-authored statement, dated 16 June 2013
* DA Form 2823 (Sworn Statement),  dated 30 July 2012
* Written Agreement OAB, dated 29 September 2008
* Memorandum, Subject:  Request for Exception to Policy (ETP) for OAB (Applicant), dated 1 May 2013
* Memorandum, Subject:  Applicant's Assignment History, dated 16 June 2013
* Memorandum, Subject:  Notification of Incentive Eligibility Termination, dated 1 May 2013
* Memorandum, Subject:  Notification of Incentive Discrepancy and ETP Process, dated 18 July 2012
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Montana Army National Guard (MTARNG) on 
8 October 2003 and he held military occupational specialty 11B (Infantryman).  He was honorably discharged from the MTARNG on 15 December 2006 to accept a commission in the U.S. Army Reserve on 16 December 2006.  

2.  He provides a copy of a Written Agreement - OAB Addendum, signed by him on 16 December 2006, but the service representative and State IM signatures are dated 29 September 2008.  Additionally, the bonus control number (BCN) indicates the BCN was assigned in September 2008.  This form shows the agreement was executed in connection with his appointment as an officer in the ARNG wherein he agreed to serve in the Selected Reserve (SELRES) for critical officer skill/area of concentration (AOC) 35D (MI).  He agreed to:

* serve for 6 years in the SELRES
* receive a $10,000.00 critical skill bonus to be paid in one lump sum upon successful completion Officer Basic Course 

3.  He successfully completed Basic Officer Leader Course (BOLC) on 23 July 2008 in MI branch, AOC 35D.

4.  On 18 July 2012, the Montana State IM notified the applicant of a discrepancy with his bonus contract and the ETP process.  The reasons for the discrepancy were listed as a change in contracted AOC from 35D to 15C (Aviation Officer) and authentication date on the OAB of 29 September 2008 when it should read 
16 December 2006 (date of commissioning).  

5.  On 1 May 2013, the National Guard Bureau (NGB) denied his request and ordered the State IM to terminate the incentive with recoupment.  An NGB official stated that according to the ARNG SELRES Incentive Program (SRIP) Guidance 07-01 (effective 1 October 2006 to 31 December 2006), the applicant's contract/bonus addendum was signed after his accession/appointment which violated the program.  The official stated the details of his contract/agreement were as follows:

* State accessed:  Montana; Unit Identification Code (UIC):  TQST0
* Date of agreement:  29 September 2008
* Contracted bonus addendum:  $10,000.00
* Contracted AOC:  35D; Current AOC 15C
* Date duty military occupational specialty qualified:  23 July 2008


6.  On 1 May 2013, the applicant was notified by the G-1, MTARNG, that his bonus contract was terminated with recoupment effective 16 December 2006.  The memorandum stated that the service representative and the State IM signed his officer accession agreement over 1 year after his commissioning date as justification for the recoupment.  

7.  On 16 June 2013, the battalion S-1 provided the applicant's assignment history.  He stated the:

*  applicant was assigned to the 1-189th General Support Aviation Battalion (GSAB) as an Assistant S-2 Officer on 11 May 2007
* Assistant S-2 position within the 1-189th GSAB, classified as a 35D MI position
* S-2 Officer In-charge (OIC) position classified as a 15C35 position
* S-2 OIC position was reserved for rated aviation officers who possess MI training
* applicant graduated from flight school on 23 March 2012 and was elevated to the S-2 OIC position on 5 April 2012

8.  NGB Policy Number 07-06, dated 10 August 2007, Subject:  ARNG 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 evidence of record confirms the applicant executed an OAB Addendum on 16 December 2006 for $10,000 in a critical AOC, 35D.  However, through no fault of his own the service representative and the State IM did not sign his contract until 29 September 2008.

2.  On 23 July 2007, he successfully completed BOLC and he was awarded AOC 35D.  After graduation from BOLC he returned to his unit, 1-189th GSAB, and continued his assignment as the Assistant S-2, AOC 35D.  On 23 March 2012, the applicant graduated from flight school and he was subsequently assigned as the S-2 in AOC 15C35 on 5 April 2012. 

3.  The only reason MTARNG G-1 cited for termination and recoupment of the applicant's $10,000.00 OAB was due to the service representative and the State IM failure to sign the agreement on the same date of the applicant's commissioning.  Since he initially contracted for a bonus in AOC 35D on 16 December 2006 and met all the requirements for and did not start flight school until March 2012, it would serve the interest of equity and justice to correct his records to show the OAB addendum was signed on the date of his commissioning and he qualified for payment of an OAB in the amount of $10,000.00.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the service representative and State IM signed his OAB addendum with a BCN on the date he was appointed and stopping any recoupment action. 



      _______ _ 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)                                         AR20130011873





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ABCMR Record of Proceedings (cont)                                         AR20130011873



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