BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130013699 


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, approval of an exception to policy (ETP) for receipt of an Officer Accession Bonus (OAB).

2.  The applicant states:

	a.  His appointment orders never read military occupational specialty (MOS) 153A (Rotary Wing Aviator) which is the training MOS the Critical Skill Bonus was assigned to.  His orders read MOS 153D (UH-60 Pilot), which is the advanced aircraft designation MOS for Blackhawk Pilots.  This is the aircraft he became qualified in.  For this reason the National Guard Bureau (NGB) denied his bonus because they cannot verify that MOS 153A was ever an MOS that he held.  

	b.  Memorandum Army National Guard (ARNG) GSE10041, dated 27 August 2010, specifically addressed this issue and requests affected Soldiers submit an ETP memorandum, which he did, and his bonus was still denied.  It is his belief that if the appointment orders were corrected to read MOS 153A instead of 153D the NGB would then have the authority to grant payment of his bonus.

	c.  In October 2009, he contracted/reenlisted to receive an OAB based on a Critical Skill MOS of 153A.  Per Memorandum ARNG-GSE10041, 153A was removed from the Critical Skill list due to the fact that it is considered to be a temporary training MOS which can't be held for any longer than attending training at Fort Rucker, AL.  Since this was only a training MOS the NGB directed the 153A be removed from the Critical Skills list and that those Soldiers who had contracts involving MOS 153A submit an ETP so the issue could be addressed.

   d.  The memorandum stated the 153A MOS was being removed effective the date of the message and any warrant officer contracted for an OAB for MOS 153A, but not in a 153A paragraph/line duty position and/or who did not retain the 153A MOS after completion of the Initial Entry Rotor Wing Flight School requires submission of an ETP for review.

   e.  His ETP was denied even though he did exactly as the memorandum directed.  He did everything he was supposed to do in the process of both training and executing the ETP.  NGB is saying they cannot grant the ETP even though 153D is a follow-on designation as a Pilot that follows 153A as the natural career progression and had denied his bonus.  He is requesting the Army Board for Correction of Military Records (ABCMR) recommend the NGB payment of the OAB due to the fact that as a National Guardsman he could never actually be assigned to MOS 153A, but the intent of contracting officers to become pilots in the ARNG had been met, as he is now a 153D Blackhawk Pilot.  He should not be penalized because of clerical differences between the ARNG and the Active Army.

3.  The applicant provides:

* Written Agreement – Officer/Warrant Officer OAB Addendum
* appointment memorandum
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Update of the Officer Accession Critical Skill List memorandum
* ETP of OAB memorandum
* ETP denial memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in Ohio ARNG (OHARNG), as a warrant officer candidate, on 30 April 2009, in MOS 153D, with prior enlisted service. 

2.  He provided a copy of an OAB addendum containing a bonus control number, dated 16 March 2010, which shows:

	a.  He agreed to serve in the Selected Reserve in Area of Concentration (AOC)/MOS 153D which is a critical officer/warrant officer skill that is designated for bonus entitlement, to complete the Basic Officer Leadership Course (BOLC III) within 36 months of his appointment, to serve in the Selected Reserve for 6 years in his critical skill AOC/MOS, and to serve satisfactorily for the complete period designated in his written OAB agreement in the critical skill in which accessed unless excused for the convenience of the government.

	b.  His OAB addendum also stated he was being accessed into the NGB approved critical skill of 153D (AOC/MOS) and shall receive a bonus of $10,000 paid in two installments:

* the first 50-percent installment would be processed upon completion of BOLC III and qualification in his critical skill
* the second and final payment of 50 percent would be processed on the third-year anniversary of his OAB addendum agreement

	c.  Additionally, under the authentication portion of the OAB addendum:

* the service representative signed and dated the form on 16 March 2010
* the applicant signed but did not date the form
* the witnessing officer signed and dated the form on 16 March 2010
* a bonus control number was entered

3.  He was ordered to and entered active duty for training (ADT) on 16 March 2010.  He completed training and was awarded military occupational specialty 153D.  He was released from ADT on 25 August 2011 and was transferred to an OHARNG unit.

4.  He provides copies of the following:

	a.  A memorandum, dated 27 August 2010, from the Chief, Education, Incentives and Employment Division, NGB, wherein the NGB official stated:

		(1)  Purpose.  Publish a change to Enclosure 2 (Critical AOC/MOS List for Warrant Officer) of the referenced policy to update the Warrant Officer Critical MOS List.

		(2)  Background.  The Warrant Officer MOS 153A is a general MOS that at time of commission and contract for incentive may not be the MOS held by the officer after completion of Warrant Officer Basic Course.  Personnel know in advance which aircraft they are assigned based upon State force structure.  Contractual requirement for a critical skill bonus for officers is a 6-year commitment that requires the officer to remain in that MOS for the term of service agreement.

		(3)  Required Action.  MOS 153A is removed from the critical skill list effective the date of this message.  Any warrant officer contracted for an OAB incentive for MOS 153A, but not in a 153A paragraph/line duty position and/or who did not retain the 153A MOS after completion of Initial Entry Rotor Wing Flight School requires submission of an ETP for review.

		(4)  Point of Contact on Incentive programs is at the state Incentive Manager level.

	b.  A memorandum, dated 22 March 2012, wherein he requested an ETP for the bonus payment on the grounds the required MOS for payment only being a temporary MOS until completion of an Advanced Aircraft Qualification Course (AQC).  

	c.  A memorandum, dated 26 July 2012, from the State of Ohio, Adjutant General's Department, wherein the OHARNG official requested an ETP to allow payment of a 6-year $10,000 OAB to the applicant.  The OHARNG official stated:

		(1)  The applicant's current AOC was not on the critical AOC list on the date of enlistment.  It was also found that the applicant signed but did not date the addendum.  The applicant signed a Warrant Officer OAB for a 153D AOC.  153D was not on the critical AOC list at the time, but 153A was.  The applicant was a 153A for a short period of time, as does any Aviator.  The 153A AOC is held until the Soldiers complete the AQC.  Upon completion of AQC, they are awarded the MOS designator which indicates which airframe the Aviator is currently assigned to.  In the applicant's case, his designator is 153D.  

		(2)  The main point is that the 153A AOC is not a long-term or permanent AOC.  It is only held while a Soldier completes required training; therefore, the 153D AOC should be eligible for the OAB payment as well.  The applicant has completed all criteria required for the OAB and continues to be a member in good standing.  The facts presented demonstrate that the applicant had no culpability for error made in processing his bonus contract.  It is unreasonable to believe that the applicant should be penalized when the critical AOC list should have encompassed the AOC that 153A transitions to.

	d.  A memorandum, dated 1 May 2003, from the NGB, Deputy G1, ARNG, denied the applicant's request for an ETP to retain the $10,000 OAB with termination of the incentive without recoupment by the State Incentive Manager.  The NGB official stated:

		(1)  The applicant contracted for the critical skill option in accordance with the Selected Reserve Incentive Program (SRIP) addendum; however the AOC could not be validated as an authorized critical skill.

		(2)  The applicant's contract/bonus addendum contains missing a signature and date from the Witnessing Official or Service Representative which violates ARNG SRIP 08-06 Updated (1 March 2009 to 15 June 2010).

		(3)  The contracted AOC was not on the critical AOC list at the time of contract and the NGB does not have the authority to grant this exception.  The applicant may file a claim with the ABCMR in accordance with Army Regulation 15-185 if there is a belief that an error or injustice still exists.

5.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:

	a.  accept an appointment as an officer in the Armed Forces and

	b.  serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

		(1)  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.

		(2)  Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.

		(3)  Paragraph (2)(b) further states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

6.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve.  Paragraph 1-7 states that Selected Reserve incentives will be offered in designated units and selected skills only when a valid position vacancy exists.  Valid position vacancies are either current or projected from the unit's organization tables.  These tables include tables of organization and equipment, tables of distribution and allowances (TDA), modification table of organization and equipment, and modification TDA.

7.  An extract from the U.S. Army Warrant Officer Recruiting website lists the prerequisites and duty description for MOS 153A.  It states that 153A is an accession MOS used to feed into an armed reconnaissance, attack, utility, or cargo helicopter MOS.

8.  As described on the U.S. Army Aviation Center of Excellence and Fort Rucker website, the traditional initial entry rotary wing flight training model is 32 weeks and consists of four phases.

	a.  The first phase consists of 2 weeks of preflight instruction, providing the students with knowledge of basic flight control relationships, aerodynamics, weather, and start-up procedures.

	b.  The second phase consists of 10 weeks and 60 flight hours in the Training Helicopter (TH)-67.

	c.  The third phase is 8 weeks of instrument training, including 30 hours in the simulator on the main post and 20 hours in the TH-67.

	d.  The fourth phase of training is the combat skills and dual-track phase.  It is combat-mission oriented and trains the student pilot as an aero-scout helicopter pilot.  Upon graduation, the students will have accumulated 179 hours of flight instruction, comprised of 149 hours in an aircraft and 30 hours in a simulator.

	e.  The advanced graduate flight training is specialized training where students become qualified in their specialized MOS, such as UH-60.  Courses for specialized MOS's range between 14 and 23 weeks of training.

9.  Title 37, U.S. Code, section 373(a), states that pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the payment of any unpaid amount or repayment requirements to a member of the uniform services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Warrant Officer Candidate in MOS 153D in April 2009 and executed an OAB addendum for that MOS on 16 March 2010.  At the time this MOS was authorized a $10,000 OAB.  He completed training and was awarded MOS 153D.  

2.  On 1 May 2003, the NGB ARNG Deputy G-1 denied the applicant's request for an ETP to retain the OAB.  The NGB stated he was not eligible for the OAB in accordance with SRIP Guidance 07-06 because his contracted AOC was not an authorized critical skill and his contract addendum did not contain a signature and date from a witnessing official or service representative in violation of ARNG SRIP 07-06.  His incentive was terminated without recoupment.

3.  The NGB memorandum, dated 27 August 2010, clearly shows NGB realized the mistake in listing MOS 153A as an MOS eligible for a critical skill bonus.  No WO would ever be able to maintain this MOS – those currently holding the MOS would be forced to reclassify to a new MOS after completing flight training, such as MOS 153D in the applicant's case, which was not authorized an OAB.

4.  MOS 153A is a feeder MOS into an armed reconnaissance, attack, utility, or cargo helicopter MOS.  Once a WO graduates from flight school, he or she will automatically be reclassified into a new MOS, as was the case with the applicant's assignment and reclassification in MOS 153D.

5.  Since he initially contracted for a bonus in MOS 153D, completed flight school, and is currently assigned as an Aviator, it appears he has completed his contractual obligation in good faith.  It would serve the interest of equity and justice to correct his records to show he qualified for payment of an OAB in the amount of $10,000.

BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:
* 
showing the applicant's request for an exception to policy was approved for payment of a 6-year $10,000 Officer/Warrant Officer Accession Bonus in accordance with the terms of his written agreement in MOS 153D
* paying the applicant both installments of the bonus as specified in his written agreement from ARNG funds



      __________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)                                         AR20130013699





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ABCMR Record of Proceedings (cont)                                         AR20130013699



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