BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130012718
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 an exception to policy to cancel the recoupment action of the first half of his enlisted affiliation bonus and payment of the bonus in full.
2. The applicant states this action is requested due to career progression in becoming a commissioned officer of the Army National Guard (ARNG). He enlisted in the ARNG on 28 July 2008 with a 3-year enlisted affiliation bonus contract. He was unable to fulfill his obligation due to career progression. On 9 April 2010, he began Officer Candidate School (OCS) and after completing the program, he was commissioned on 6 August 2011.
3. The applicant provides:
* Exception to policy denial memorandum
* DD Form 4 (Enlistment/Reenlistment Document)
* Annex B (Enlisted Affiliation Bonus Addendum - ARNG)
* DA Form 71 (Oath of Office - Military Personnel)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 July 2004. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63H (Tracked Vehicle Mechanic).
2. On 13 July 2007, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. He enlisted in the Maryland ARNG (MAARNG) for 3 years on 28 July 2008. Section VI (Remarks) of his DD Form 4 states he enlisted for MOS 63B (Wheel Vehicle Mechanic) and assignment to G Company, 126th Brigade Support Battalion (BSB), Unit Identification Code (UIC) WP9RG0. It also shows he enlisted for a 3-year Affiliation Bonus in the amount of $10,000.
4. In connection with this enlistment, he completed Annex A (Enlistment/Reenlistment Agreement - ARNG) wherein he indicated he understood he would undergo training in MOS 63B and that he was enlisting for 3 years in the rank of E-4 for assignment to G Company, 126th BSB, UIC: WP9RG0, in exchange for a $10,000 Affiliation Bonus.
5. He also completed Annex B to DD Form 4. This form shows:
* he is MOS qualified or qualified within substitution rules for the duty position for which he is being assigned
* he is affiliating into the following UIC: WP9RG0
* he is not enlisting under the OCS enlistment option
* he is enlisting for a 3-year Affiliation Bonus in a non-critical unit against a projected vacancy and his bonus would be paid in two 50 percent installments
* the bonus would be terminated if he did not become qualified in or awarded the primary MOS required for his position within 36 months of transfer due to command-directed unit inactivation, reorganization, or relocation
6. There is no indication he completed training in MOS 63B.
7. He was honorably discharged from the ARNG on 5 August 2011 to accept appointment as a commissioned officer.
8. He was appointed as a commissioned officer of the Army and the MAARNG and executed an oath of office on 6 August 2011.
9. It appears he submitted a requested for an exception to policy to the National Guard Bureau (NGB). His request is not available for review with this case.
10. On 13 February 2013, the NGB denied his request and instructed the State Incentives Manager to terminate the incentive with recoupment. The NGB official stated the applicant enlisted in the ARNG for 3 years in MOS 63B. However, he did not become duty MOS qualified (DMOSQ) as a 63B and failed to become qualified in this MOS. Therefore, he failed to fulfill the obligation to become qualified in the contracted MOS and he remains ineligible for the bonus.
11. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
1. The available evidence confirms the applicant enlisted in the ARNG for 3 years, in MOS 63B, for a vacant and valid position in the 126th BSB. His bonus was contingent on becoming MOS qualified and affiliation in the duty MOS of 63B.
2. There is no evidence in his records and he provides none to show he became qualified in this MOS. Therefore, he failed to fulfill the obligation to become qualified in the contracted MOS and he remains ineligible for the bonus.
3. In the absence of additional documentary evidence that shows the applicant completed the required training and/or became MOS qualified in the MOS he contracted for there is insufficient evidence to grant him the 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) AR20130012718
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012718
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140007834
IN THE CASE OF: BOARD DATE: 19 June 2014 DOCKET NUMBER: AR20140007834 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The MAARNG G-1 stated that the applicant's OAB should be terminated effective 12 March 2012. The ARNG offers a $10,000 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a Modified Table of Organization and Equipment (MTOE) unit.
ARMY | BCMR | CY2014 | 20140004525
This form shows: * he indicated he was a prior service applicant and he agreed to reenlist for 6 years * he held a PMOS for the position in which he was immediately reenlisting and he was reenlisting for a valid position within unit identification code WPCWB2 (Company B, 181st Engineer Battalion) * he indicated he had 2 loans in the amount of $14,057.01 and the total amount of repayment of the qualifying loans would not exceed $20,000 * he would furnish his unit personnel with all promissory...
ARMY | BCMR | CY2015 | 20150004342
In connection with this appointment, she signed a Written Agreement-OAB Addendum, wherein she indicated; * she agreed to serve in the Selected Reserve in AOC 15A which is a critical officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate * she agreed to accomplish the necessary training to achieve this designation within 36 months of appointment * she is being accessed into the NGB approved critical skill of 15A and shall receive $10,000 paid in two...
ARMY | BCMR | CY2013 | 20130018238
The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * self-authored statements * Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20090007581, dated 16 June 2009 * OAB Agreement * 2 ETP Denial Letters, dated 7 June 2013 and 1 July 2013 * Honorable Discharge Certificate * NGB Form 22 * NGB Form 337 (Oaths of Office) CONSIDERATION OF EVIDENCE: 1. The NGB ETP denial letters both show: * the...
ARMY | BCMR | CY2015 | 20150003438
His record contains a National Guard Bureau (NGB) Form 600-7-3 (Reenlistment/Extension Bonus Addendum - ARNG of the United States (ARNGUS)), dated 18 March 2005, wherein it stated, in part: * he had no more than 16 years of total military service and he was reenlisting for 6 years * the addendum must be initiated and signed while in a combat zone to receive the tax-free option * the lump sum payment of $15,000 would be processed on the date his reenlistment took effect * he understood the...
ARMY | BCMR | CY2013 | 20130020949
He stated he had received the first installment of $5,000.00 on 17 June 2011 and that although the Bonus Addendum could not be located, the incentive was offered at the time of his commission. The applicant enlisted in the FLARNG on 21 August 2008. As a result, the Board recommends that all Department of the Army and state ARNG records of the individual concerned be corrected to show: * the 20 March 2010, a Written Agreement OAB Addendum, was properly prepared with a Bonus Control...
ARMY | BCMR | CY2011 | 20110003275
The applicant states she did not receive the second half of her affiliation bonus prior to separation on 14 December 2009. A written Agreement Enlisted Affiliation Bonus Addendum that shows she enlisted for assignment to a unit vacancy in the Selected Reserve which is authorized the grade and MOS of 89B. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and...
ARMY | BCMR | CY2013 | 20130020254
The applicant provides a statement of support, dated 28 March 2013, wherein a judge advocate with Legal Assistance, CAARNG, recommended approval of the applicant's request and stated the applicant's NPSEB Addendum should be changed to show he enlisted for the critical MOS 92A and critical UIC WV59A0 so he may keep the bonus of $20,000 he already received. The evidence of record confirms the applicant initially enlisted in the CAARNG on 4 March 2008 for an NPSEB of $20,000 in the critical...
ARMY | BCMR | CY2011 | 20110013486
The applicant requests payment of his Officer Accession Bonus (OAB) of $10,000. His Written Agreement - OAB Addendum shows that he was being accessed into the ARNG in a critical skill area of concentration/military occupational specialty and was to receive a bonus of $10,000 paid in two 50 percent installments. Based on the above, his records should be corrected to show that he signed the Written Agreement - OAB Addendum on 22 May 2009, the date of his appointment, and is fully eligible to...
ARMY | BCMR | CY2014 | 20140012604
The applicant requests an exception to policy to retain the $10,000 Officer Accession Bonus (OAB) in the Ohio Army National Guard (OHARNG). She provides and her records contain a copy of a Written Agreement - OAB Addendum, dated 15 December 2008. The ARNG offers a $10,000 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a Modified Table of Organization and Equipment (MTOE) unit.