IN THE CASE OF:	  

		BOARD DATE:  19 November 2013

		DOCKET NUMBER:  AR20130016161 


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 approval of an exception to policy (EPT) to retain her full Officer Affiliation Bonus (OAFB).

2.  The applicant states the National Guard Bureau (NGB) stated she violated her bonus contract by not filling area of concentration (AOC) 92A (Automated Logistical Specialist) positions during her 3-year contract and is recouping pay as a result.  Although she did not always remain in logistics positions, this was due to the needs of the units to which she was assigned.  She was moved as soon as logistics positions were available.  AOC 92A positions for captain (CPT) are now AOC 90A (Multifunctional Logistician) positions.  She should not be punished for supporting her units in the best ways possible even if doing so meant filling other positions that were critically needed for deployment preparation.

3.  The applicant provides:

* Written Agreement – OAFB Addendum, dated 20 November 2008
* Kentucky Army National Guard (KYARNG) memorandum, dated 17 September 2012, subject:  ETP for (Applicant)
* NGB memorandum, dated 21 June 2013, subject:  Request for ETP for OAFB (Applicant)
* KYARNG memorandum, dated 11 July 2013, subject:  Notification of Incentive Violation and ETP Process
* KYARNG memorandum, dated 18 July 2013, subject:  ETP for (Applicant)
* Officer Record Brief (ORB)
* Officer Evaluation Report (OER) for the period 1 February 2009 through 31 January 2010
* OER for the period 1 February 2010 through 9 July 2010
* OER for the period 10 July 2010 through 20 January 2011
 
CONSIDERATION OF EVIDENCE:

1.  She was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 29 July 2004.

2.  She signed a Written Agreement – OAFB Addendum on 20 November 2008 in which she agreed to serve in a critical skill in the Selected Reserve for not less than 3 years.  Paragraph 2b states, "I shall serve satisfactorily, as prescribed by the appropriate regulations of the Army National Guard of the United States, the complete affiliation period in the Selected Reserve of the Army National Guard of the United States according to my written agreement and in the critical skill, unit or grade in which affiliated, unless excused for the convenience of the government."  She also signed an Officer Agreement for Military Service Obligation (MSO) Reduction Program on 20 November 2008.  This reduced her MSO to 36 months and gave her an adjusted MSO date of 10 March 2012.

3.  On 11 March 2009, she was appointed as a CPT in the California Army National Guard (CAARNG).  She was assigned to Headquarters and Special Troop Battalion, 224th Sustainment Brigade, as the Supply and Services Officer in AOC 92A.

4.  On 12 July 2009, she was assigned as the S-1 (Personnel), 224th Sustainment Brigade, effective 12 March 2009.  The assigned AOC for this position was 42B (Adjutant General (AG)).

5.  On 9 November 2009, she was reassigned as the Assistant S-3 (overstrength), Headquarters and Special Troops Battalion, 224th Sustainment Brigade, effective 20 October 2009.

6.  On 20 July 2010, the applicant requested an interstate transfer to the KYARNG.  On 29 July 2010, she was appointed as a CPT in the KYARNG.  She was assigned as the S-1, Headquarters and Support Company (HSC), 1204th Aviation Support Battalion, in an AOC 42B position.

7.  On 18 January 2011, she was assigned as the S-4, HSC, 1204th Aviation Support Battalion, in an AOC 90A position.

8.  On 24 August 2011, she was ordered to active duty with her unit in support of Operation New Dawn.  Her OER for the period 21 January 2011 through 20 January 2012 shows her designated AOC as 92A and she was serving as the S-4 in AOC 92A.

9.  On 1 February 2012, she was assigned as the Commander, HSC, in AOC 90A.  She was released from active duty on 18 November 2012.

10.  Her OER for the period 1 August 2012 through 8 December 2012 shows her designated AOC as 92A and she is currently serving as the HSC Commander in AOC 90A.

11.  On 17 September 2012, the applicant requested an ETP regarding a bonus violation in which she stated:

	a.  She signed a bonus agreement to remain in the ARNG for a minimum of 3 years in AOC 92A.  On 11 March 2009, she was assigned to the 224th Sustainment Brigade.  Due to the lack of officers in the battalion, she worked as the Battalion S-1, filling a vacant AOC 42A position that needed to be filled.

	b.  On 29 July 2010, she completed an interstate transfer to the KYARNG and she was assigned to the 1204th Aviation Support Battalion in an S-1 position for a few months until officer moves could be made within the battalion and brigade, ensuring all officer positions were filled effectively.  As soon as they were able to assign her to an AOC 92A position, she was realigned to an AOC 92A position.

	c.  Overall, in the two units she has been assigned to in the ARNG, she served in other job capacities when needed to meet the needs of the Army in preparation for mobilizations to ensure Soldiers were taken care of adequately.  She agreed to fill these positions with the intent of returning to AOC 92A positions when available and when she was not needed to serve in other positions due to limited personnel.

12.  On 21 June 2013, the NGB Deputy G-1 denied the applicant's request for an ETP to retain her $10,000 OAFB and directed the State Incentive Manager to terminate the OAFB with recoupment.

	a.  NGB stated the applicant was not serving in the AOC she contracted for which violated ARNG Selective Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 2008, 2009, 10 August 2007-30 September 2009 (Policy Number 07-06).

	b.  NGB stated she contracted for AOC 92A and was currently serving in AOC 90A.

13.  On 11 July 2013, the KYARNG notified the applicant of an incentive violation and the ETP process.  Information regarding this probable violation was:

* incentive type – OAFB
* incentive amount – $10,000.00
* recoup amount – $1,388.00
* reason for the violation – unauthorized change in AOC

14.  In a memorandum to the Joint Forces Headquarters-Kentucky, dated 18 July 2013, the former 1204th Aviation Support Battalion Commander recommended approval of the applicant's request for an ETP concerning her bonus recoupment.

	a.  He interviewed the applicant in June 2010 for possible assignment in the battalion.  He did not have an AOC 90A vacancy at the time in either the HSC or Company A.  His most critical vacancy was the Battalion S-1.  He offered her the position with the caveat that he would transfer her to a quartermaster (QM) position when one became available.

	b.  She was subsequently transferred from the S-1 position to the S-4 position effective 18 January 2011 and to HSC Commander effective 1 February 2012, both of which are AOC 90A positions.

	c.  The applicant's performance, professionalism, selfless service, and dedication to duty as the S-1, and subsequently as S-4, were instrumental on the 1204th Aviation Support Battalion's road to war.  She was his first choice to assume command of the HSC as a direct result of her performance.

15.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows her primary AOC as 90A and her secondary AOC as 92A.

16.  In the processing of this case an advisory opinion was received from the Chief, Personnel Policy Division, NGB, dated 4 November 2013.

	a.  Relief was recommended because she remained eligible for the bonus throughout the 3 contracted years.

	b.  The applicant met the eligibility requirements to receive the bonus prescribed by in ARNG SRIP Policy Number 07-06 and her OAFB contract.  At no time was she ineligible to serve in an AOC 92A position.  She was assigned based on the needs of her unit.

	c.  Military Personnel (MILPER) Message Number 07-351 issued on 27 December 2007 established the Logistics (LG) Branch on 1 January 2008.  CPT's in the QM Branch, Transportation Corps (TC), and Ordnance (OD) Branch were re-designated as LG Branch officers and assigned AOC 90A.  Accordingly, CPT positions for former AOC 92A positions became AOC 90A positions.

	d.  The applicant is correctly assigned to an AOC 90A duty position for career progression based on her branch and rank.  Her service in an AOC 90A position should be considered equal to serving in an AOC 92A position due to the AOC conversion resulting from the creation of the LG Branch.

17.  On 5 November 2013, the applicant concurred with the advisory opinion.

18.  MILPER Message Number 07-351, dated 27 December 2007, established the LG Branch effective 1 January 2008.

	a.  CPT's in the QM Branch, TC, and OD Branch were re-designated as LG Branch officers and assigned AOC 90A.  Accordingly, CPT positions for former AOC 92A positions became AOC 90A positions.

	b.  LG Branch officers with 90A as their primary AOC were required to maintain a secondary AOC in one of four functional areas (FA's) of expertise which included AOC 92A – Supply and Services.

	c.  Reserve Component LG Branch officers would be expected to be assigned to both multifunctional logistics and functional positions.

19.  ARNG SRIP Policy 07-06 provided for a $10,000.00 OAFB for ARNG officers who agreed to serve in a critical-skill AOC.

	a.  The following AOC's were among those listed:

* 42B – AG
* 90A – LG
* 92A – QM, General

	b.  If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible receive any further incentive payments, except for payments for service performed before the termination date.

	c.  Entitlement was terminated with recoupment if a member transferred out of the critical skill for which the bonus was approved.

20.  Department of the Army Office of the Deputy Chief of Staff, G-1 memorandum, dated 14 September 2010, subject:  Notification of Future Change to Department of the Army Pamphlet 611-21, O-1010-02, Deletion of FA 90; Establishment of Branch LG (90); and Revision of Branch TC (88), Branch OD (91), and Branch QM (92), provided notification of future changes to the military occupational classification structure (MOSC) for implementation.  Among the changes announced in this memorandum was the revision of AOC 92A (QM, General) specifications:

	a.  All CPT through COL positions will be transferred to AOC 90A with QM Branch 92 as the MOSC secondary position.

	b.  Personnel in the grade of CPT who have completed the Combined Logistics Captains Career Course (CLC3) or any Logistics Reserve Component Captains Career Course (LRC CCC) will be transferred to AOC 90A with QM Branch 92 as the MOSC secondary qualification.

	c.  Personnel in the grade of CPT who have not completed CLC3 or any LRC CCC will retain AOC 92A and be reclassified to AOC 90A with QM Branch 92 as the MOSC secondary qualification upon completion of one of the two aforementioned courses.

DISCUSSION AND CONCLUSIONS:

1.  When she was assigned as the S-1 in the 224th Sustainment Brigade, she was involuntarily transferred out of the critical skill for which her bonus was approved.  This constitutes being "excused for the convenience of the government" as noted in paragraph 2b of her written agreement.  It is noted that this position was in AOC 42B which was also on the critical skills list.  Therefore, there is no valid provision for termination or recoupment of her OAFB for the period 12 March to 20 October 2009.

2.  She was subsequently realigned from the S-1 to the S-4 position effective 18 January 2011 and reassigned as the HSC Commander effective 1 February 2012, both of which are AOC 90A positions.

3.  She is currently serving as the HSC Commander in an AOC 90A position.  The NGB Deputy G-1 denied her ETP because she was not serving in an AOC 92A position.  However, based on the conversion of AOC 92A positions to AOC 90A positions directed by MILPER Message 07-351, she is, in fact, serving in the correct AOC to maintain her eligibility for the bonus for which she contracted.

4.  Her DA Form 2-1 shows her primary AOC as 90A and her secondary AOC as 92A in compliance with MILPER Message 07-351.

5.  The applicant has served 4 years and 11 months in AOC 92A positions, AOC 90A positions, or in positions she was assigned to for the convenience of the government.  In addition, she is currently serving in an AOC 90A position.  Therefore, she has more than fulfilled the provisions of her OAFB Written Agreement.

6.  In view of the aforementioned evidence, it would be equitable and just to approve her ETP, allow her to retain the full amount of her OAFB, stop any recoupment, and return any monies that may have already been recouped.

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:

	a.  showing the ETP was approved and allowing her to retain the full amount of her OAFB and











	b.  stopping any recoupment actions and returning any monies that may have already been recouped.




      _______ _  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)                                         AR20130016161



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ABCMR Record of Proceedings (cont)                                         AR20130016161



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