IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130020643 


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 payment of his $10,000.00 Officer Accession Bonus (OAB).

2.  The applicant states two administrative errors occurred during the processing of his OAB addendum:  his Area of Concentration (AOC) was not listed as a Critical Skill (CS) AOC and the witnessing official failed to sign the OAB addendum.  Nevertheless, AOCs 88A (Transportation, General) and 88D (Motor/Rail Transportation) were both CS AOCs when he contracted for his AOB and through his completion of the Basic Officer Leader Course (BOLC).  Furthermore, he held both positions at his current unit.  

3.  The applicant provides:

* Officer/Warrant Officer OAB Addendum, dated 15 October 2011
* National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 
15 October 2011
* DA Form 71 (Oath of Office – Military Personnel), dated 15 October 2011
* Two Officer Record Briefs (ORB)
* DD Form 214 ( Certificate of Release or Discharge from Active Duty)
* Memorandum, Request for Exception to Policy (ETP), dated 2 November 2012
* Memorandum, denial of ETP, dated 17 May 2013



CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains an NGB 337 and a DA Form 71 showing he was appointed as a Reserve commissioned officer in the Maryland Army National Guard (MDARNG) on 15 October 2011.

2.  His record contains a Written Agreement - Officer/Warrant Officer OAB, dated 15 August 2011 which states/shows:

	a.  In connection with his appointment as an officer and agreement to serve with the ARNG under the Selected Reserve Incentive Program (SRIP), he acknowledged:

		(1)  He agreed to serve in the Selected Reserve (SELRES) in AOC 88D which was a CS.  His unit of assignment was listed as the 1229th Transportation Company, Baltimore, MD  21216.  

		(2)  He was a newly-appointed commissioned officer in the rank/grade of 2LT/O-1.

		(3)  He was required to serve in a unit for a primary valid vacancy.  No excess or over-strength was authorized for this incentive.

		(4)  He was required to complete the Officer Basic Course (OBC) and achieve the designated skill within 24 months of his appointment.

		(5)  He agreed to serve in an active drilling status for the full length of the incentive contract term, for a period not less than 6 years in the critical AOC.

		(6)  The bonus accrual would begin on the date his agreement was accepted by the Secretary of the Army.

		(7)  The total amount of the bonus payable under the agreement would become fixed upon acceptance of the written agreement by the Secretary of the Army.

		(8)  He was being accessed into the ARNG-approved CS AOC 88D and would receive a bonus of $10,000.00, paid in one lump sum that would be processed upon completion of OBC and qualification in his CS.

		(9)  Failure to comply with the requirements of the agreement would result in a termination of incentive with recoupment action if required.

		(10)  He understood that if at the time of his commission the position he was being assessed into was no longer vacant he would not receive the bonus.

		(11)  He understood he would be eligible for continued receipt of the incentive if his AOC was changed at the convenience of the Government, if his unit was inactivated, relocated, reorganized, or converted.  However, he would still be required to become Military Occupational Specialty Qualified (MOSQ) within 24 months and remain a member of the SELRES.

	b.  His OAB addendum contained a bonus control number (BCN).

	c.  He and the service representative signed the OAB addendum but the witnessing official did not sign this document.

3.  Orders Number 076 issued by the MDARNG on 16 March 2012 show he was assigned to Unit Identification Code (UIC) WPGSAA.  These orders reassigned him, effective 1 March 2012:

* from Paragraph (PARA)/Line Number (LN):  102-01 [88D]
* to PARA/LN:  103-01 [88A]

4.  His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 7 September 2012, showing he successfully completed BOLC and was awarded AOC 88A.

5.  He provided a memorandum issued by the MDARNG on 2 November 2012 wherein the State Incentive Manager requested the NGB grant an ETP for the $10,000.00 OAB.  The State Incentive Manager stated:

	a.  The applicant contracted for a $10,000.00 OAB on 15 October 2011.

	b.  The OAB addendum stated the applicant agreed to serve in CS AOC 88D; however, he did not attend BOLC for 88D and the unit he was assigned to did not have any 88D slots.  The applicant attended BOLC for 88A, which was also a CS AOC at the time he signed the OAB addendum, and he is slotted in an 88A position.  The OAB addendum was not signed by the witnessing official.  The incorrect AOC listed on the OAB addendum and the failure of the witnessing official to sign the addendum constitutes administrative errors.  These administrative errors should not disqualify the applicant from receiving the OAB.

6.  He provided a memorandum issued by the NGB on 17 May 2013 showing his request for an ETP was denied due to discrepancies listed in his OAB addendum.  The memorandum stated:
	a.  The applicant contracted for the CS AOC option in accordance with (IAW) the SRIP.  The AOC could not be validated as an authorized CS which violates ARNG SRIP Fiscal Year (FY) 2011 Decentralized State Incentive Pilot Program (DSIPP).

	b.  His contract shows:

* He was accessed to serve in the MDARNG UIC WPGSAA
* His OAB addendum was dated 15 October 2011
* He contracted for an OAB in the amount of $10,000.00
* He contracted for AOC 88D and currently holds AOC 88A
* He became Duty MOSQ on 7 September 2012

7.  The U.S. Army Force Management Support Agency Web Site (FMSWeb) contains three sequential modified tables of organization and equipment (MTOE) documents for UIC WPGSAA (FY 2009, FY 2011, and FY 2012).

	a.  The FY 2009 and FY 2011 MTOEs show his unit was only authorized/required the following five positions for commissioned officers:

		(1)  PARA/LN 101-01, Commander, captain (CPT)/O-3, 88D

		(2)  PARA/LN 102-01, Operations Officer, first lieutenant (1LT)/O-2, 88D 

		(3)  PARA/LN 103-01, Platoon Leader, 1LT/O-2, 88D 

		(4)  PARA/LN 103-01, Platoon Leader, 1LT/O-2, 88D 

		(5)  PARA/LN 105-01, Platoon Leader, 1LT/O-2, 88D 

	b.  The FY 2012 MTOE shows his unit was only authorized/required the following four positions for commissioned officers:

		(1)  PARA/LN 101-01, Commander, CPT/O-3, 90A (Multifunctional Logistician)

		(2)  PARA/LN 102-01, Operations Officer, 1LT/O-2, 88A 

		(3)  PARA/LN 103-01, Platoon Leader, 1LT/O-2, 88A 

		(4)  PARA/LN 105-01, Platoon Leader, 1LT/O-2, 88A 

8.  ARNG SRIP Guidance for FY 2011, dated 25 July 2011 shows AOCs 88D and 88A listed as a CS AOCs for the state of Maryland.  

	a.  Paragraph 7 states the following SRIP general requirements must be met to receive SRIP incentives.

		(1)  The recipient must meet the eligibility criteria for accession, affiliation, commission, or appointment into the ARNG.

		(2)  The recipient must fill a valid, Automated Unit Vacancy System (AUVS) position.  Excess, over-strength, and manually-loaded vacancies are not 
authorized incentives.  The AUVS is the system of record for determining valid vacancies for incentives.

		(3)  The recipient, witnessing official, and service representative are required to sign an incentive addendum on the date of accession, affiliation, commission, or appointment, unless otherwise stated in this policy.  The incentive addendum will state the terms and conditions of the incentive.

		(4)  The incentive addendum is not valid if signed after the execution date of the Oath of Office (NGB Form 337) and/or if not signed and dated by a witnessing official and a service representative at the time the document is executed.

		(5)  An incentive addendum must have an approved automated control number (CN) issued on or before the date of the service agreement.  The CN is valid only for the incentive addendum for which it is requested and approved.  

		(6)  Soldiers shall serve satisfactorily in the authorized AOC for the full term of the service agreement, except for authorized exceptions.

	b.  Paragraph 15 states in addition to the SRIP general requirements, the following rules and requirements apply for receipt of an OAB.

		(1)  6-year term of service.

		(2)  Officers must apply with an approved CS AOC listed on the Officer/Warrant Officer Accession CS List.

		(3)  Officers must serve in their contracted CS AOC for the entire length of the OAB agreement.

		(4)  Officers must sign the OAB agreement on or up to 90 days before the date of appointment or commission.  Request for CN will be entered into IMARC and approved on or within 90 days prior to the date of appointment/commission or upon appointment as a commissioned officer whichever occurs first.  Exceptions are not authorized.

		(5)  Officers must agree to serve in the AOC for which the incentive was awarded for the full length of their agreement.  Commissioned officers are allowed normal career progression as long as they are the primary position holders within the Career Management Field (CMF) for which they received the OAB.  

		(6)  Officers must successfully complete BOLC in their designated AOC within 24 months of the date of commission or appointment.

		(7)  A lump-sum payment of $10,000.00 will be processed upon completion of the BOLC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contracted for a $10,000.00 CS AOC OAB on 15 August 2011.  His OAB addendum shows he agreed to serve in UIC WPGSAA in the CS AOC 88D, serve in the SELRES for a 6-year period, and attend BOLC to be MOSQ within 24 months.  Additionally, his OAB addendum was not signed by the witnessing official.

2.  The evidence of record shows he was initially assigned to UIC WPGSAA, in PARA/LN102-01, as the operations officer.  This position was an AOC 88D position.  However, his unit was restructured sometime in 2012 and went from an authorized strength of 5 commissioned officer 88D slots to 4 slots.  All the slots were converted to AOCs 90A and 88A position.  As a result of this restructuring, he was reassigned, within his unit, to PARA/LN 103-01, an AOC 88A position.

3.  The evidence of record shows that AOCs 88D and 88A were both on the CS AOC list for the State of Maryland.  Therefore, both of these AOCs were eligible for an OAB.  Additionally, he attended BOLC and became MOSQ in AOC 88A in less than 24 months and has faithfully fulfilled his contractual obligations.  

4.  The applicant had no control over the restructuring of his unit or his reassignment to a position in AOC 88A and cannot be held responsible for violating his contract when none of the changes occurred as a result of his actions.  Furthermore, the witnessing official's failure to sign the OAB addendum is not the applicant’s fault and he should not be held responsible administrative oversight.  

5.  It would be unconscionable to withhold the OAB he contracted for because of a government official's failure to sign a document and the Army's decision to restructure, especially when he was moved to an AOC on the CS list.  Therefore, as a matter of equity, his records should be corrected to show he met all of the requirements he agreed to in his Written Agreement – OAB Addendum and he is entitled to receive payment of the bonus.

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 to show:

* the 15 August 2011 Written Agreement – OAB Addendum, was properly prepared in AOC 88A with appropriate signatures and a Bonus Control Number 
* the applicant was appointed in a critical skill upon his appointment in the MDARNG for an OAB in the amount of $10,000.00
* the applicant is eligible for payment of the bonus in accordance with the Written Agreement - OAB Addendum and should be paid that bonus, out of 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)                                         AR20130020643



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ABCMR Record of Proceedings (cont)                                         AR20130020643



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