IN THE CASE OF:	  

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130012468 


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 date of her Selected Reserve (SELRES) Special Pay Program incentive contract be changed to 28 August 2010 in order to align with the date she was sworn into the Alaska Army National Guard (AKARNG).

2.  The applicant states:

   a.  She received erroneous information regarding the terms of her SELRES incentive contract when she signed the contract and when she prepared to separate from the AKARNG.  

   b.  The officer strength manager was new to his position and unfamiliar with the process.  It took him an additional 2 months to find and assemble the correct paperwork.  As such, he did not execute her SELRES contract until 29 October 2010.  

   c.  She read the contract carefully, which states in Section II, item c, "I shall incur an Army SELRES obligation of 2 years.  My obligation shall begin immediately in the ARNG…"

   d.  Based on their interpretation of this line in the contract, they believed that she was not only meeting but exceeding the requirement that she begin "immediately" since she had been serving since 28 August 2010.  Approximately 18 months into her obligation, she began a dialogue with her unit's human resources noncommissioned officer to establish the correct separation date and ensure she fulfilled the requirements of her SELRES incentive contract.  
   e.  In short, she did not realize the date on which her SELRES contract was signed was significant.  Based on the wording of the contract, she understood that she was required to serve 2 years in the AKARNG, which she did, from 
28 August 2010 to 31 August 2012.  She was diligent in double checking with AKARNG officials to ensure she fulfilled the terms of her contract and had no idea that her SELRES contract should have been executed on the same day she was sworn into the AKARNG until she received a letter from the National Guard Bureau (NGB) on 28 March 2013 stating she had not fulfilled her 2-year obligation.  Had she known, she would have gladly continued to serve through October 2012.

3.  The applicant provides:

* 4 Memoranda
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 200 (Transmittal Record)
* DA Form 4187 (Personnel Action)
* DA Form 4856 (Developmental Counseling Form)
* USAREC Form 1166 (SELRES Special Pay Program Contract)
* Addendum to USAREC Form 1166, For Retention Special Pay
* DA Form 71 (Oath of Office - Military Personnel)
* NGB Form 337 (Oaths of Office)
* Orders 219-006

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a captain in the AKARNG on 28 August 2010.  

2.  She qualified for and completed a SELRES Special Pay Bonus contract for $15,000.00 on 29 October 2010.  

3.  She was honorably separated from the AKARNG on 31 August 2012.

4.  On 13 March 2013, she received a memorandum from the NGB, Officer Program Incentive Manager who stated her $15,000.00 Special Pay Bonus was identified for termination with recoupment because she had not fulfilled her SELRES obligation of 2 years.

5.  During the processing of this case, on 20 September 2012, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommended approval of the applicant's request to amend her SELRES Special Pay Program Contract to change the date of the contract from 29 October 2010 to 28 August 2010 in order to prevent recoupment of the $15,000.00 bonus paid.  She opined:

   a.  Due to an error by the State, the bonus addendum was not completed and signed until 29 October 2010.  The AKARNG Officer Strength Manager responsible for the applicant's contract provided a memorandum stating an error was made by waiting to complete the bonus addendum.  Due to this error, her obligation appeared to be 2 years from this date, and since she separated prior to that, her bonus faces possible recoupment.  The evidence in this case shows the error was through no fault of her own.

   b.  The applicant inquired about the date of discrepancy to ensure she met her obligation prior to separating.  The State G-1 office reviewed her records and determined that she met her 2-year obligation based on her appointment date, not based on the date the bonus addendum was completed.

   c.  The NGB Incentives Branch reviewed the case and supports administrative relief because the applicant was fully eligible and successfully served the required 2 years to fulfill her obligation in order to receive the bonus.

   d.  The AKARNG also concurs with the recommendation.

6.  On 1 October 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  On 4 October 2013, she responded that she fully concurred with the advisory opinion recommendation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the date of her SELRES Special Pay Program incentive contract from 29 October to 28 August 2010 in order to align with the date she was sworn into the AKARNG has been carefully examined and found to have merit.

2.  The evidence shows the applicant qualified for and completed a SELRES Special Pay Bonus contract for $15,000.00 on 29 October 2010.  The State erred by not ensuring the applicant completed the appropriate paperwork at the time of her appointment in the AKARNG on 28 August 2010.

3.  The applicant served honorably throughout the period 28 August 2010 through 31 August 2012, thereby fulfilling the service obligation corresponding to her SELRES Special Pay Bonus contract.

4.  In light of the foregoing, she is entitled to the requested relief. 

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 Department of the Army and State Army National Guard records of the individual concerned be corrected by changing the effective date of her SELRES Special Pay Program Contract from 29 October to 28 August 2010 which shows the Army authorized her to receive the $15,000.00 SELRES Special Pay Bonus agreed to and authorized in said contract.


X
      ____________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)                                         AR20130012468



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ABCMR Record of Proceedings (cont)                                         AR20130012468



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