IN THE CASE OF:	  

		BOARD DATE:  19 February 2014

		DOCKET NUMBER:  AR20130020949 


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 the second half of his Officer Accession Bonus (OAB) incentive.  

2.  The applicant states the National Guard Bureau (NGB) has told him he would not receive the second half of his incentive because a written addendum could not be produced.  

	a.  When he enlisted at the Tampa Military Entrance Processing Station in 2008, he was told he would be eligible for both the Student Loan Repayment Program (SLRP) as well as the $10,000.00 OAB incentive.  However, during his processing, he was told that he did not qualify for the SLRP incentive; so, only his OAB paperwork was processed.  When he reported to Camp Blanding for Officer Candidate School (OCS), he turned over all the paperwork to the Officer Strength Manager with the understanding it would be entered into his official records.  He did not retain copies of the documentation because of this understanding. 

	b.  All documents were loaded into his official record with the exception of the bonus addendum.  He has signed a sworn statement noting that the paperwork is missing from the system.  He would also like the Board to note that on his Personnel Qualification Record, dated 9 March 2010, section G, numbers 20, 21, and 22 state "Bonus Entitlement: Q; Bonus Authorization: Q, and Date of Bonus: 20080821."  This clearly identifies that he was eligible for and processed with the understanding that the OAB would be forthcoming provided he met the criteria laid out at the time he enlisted in the Florida Army National Guard (FLARNG).  Furthermore, a Bonus Control Number was requested and processed for payment of the first installment.

3.  The applicant provides:

* Personnel Qualification Record, dated 9 March 2010
* DA Form 2823 (Sworn Statement), dated 7 April 2013
* Exception to Policy Request
* Denial memorandum from the NGB

CONSIDERATION OF EVIDENCE:

1.  The applicant previously served in an enlisted status in the U.S. Marine Corps from 10 October 1989 through 10 March 1999.  

2.  He enlisted in the FLARNG in the rank/grade of staff sergeant/E-6 on 21 August 2008.  He completed several documents in connection with this enlistment: 

	a.  DD Form 1966/3 (Record of Military Processing - Armed Forces of the United States).  Item 32 (Specific Options/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees) shows he enlisted for 6 years to attend OCS, with assignment to the 868th Engineer Company, Live Oak, FL.  

	b.  Guard Annex (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) shows he enlisted in the ARNG for assignment to the 868th Engineer Company (Horizontal).   He had been assured of attending school course for 09S (Commissioned Officer Candidate).  The only addendum attached to his enlistment is the Montgomery GI Bill Addendum.  

3.  He attended and successfully completed OCS conducted at Fort McClellan, AL, from 22 January to 19 March 2010. 

4.  He was honorably discharged from the FLARNG on 19 March 2010.  

5.  He was appointed as a Reserve commissioned officer of the FLARNG and executed an oath of office on 20 March 2010.  He was assigned as an M-Day Soldier to the 1st Battalion, 265th Air Defense Artillery of the FLARNG. 

6.  He entered active duty on 31 October 2010 and successfully completed the Signal Basic Officer Leader Course from 1 November to 14 March 2011.  He was honorably released from active duty on 14 March 2011.  

7.  He was promoted to first lieutenant on 20 September 2011.  

8.  He submitted, through his chain of command, an exception to policy on 11 April 2013, requesting the second installment of the OAB.  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.  With his request, he submitted a sworn statement as well as a copy of his Personnel Qualification Record.  

9.  On 7 August 2013, the NGB denied his request and ordered the State Incentives Manager to terminate his incentive without recoupment.  An NGB official stated the applicant is missing the incentive addendum.  He added that although a Bonus Control Number was requested and approved prior to the date of commission, the NGB does not have the authority to grant an exception to policy for the applicant to retain the incentive when there is no written agreement; however, relief is granted for him to retain the initial payment of $5,000.00. 

10.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  Selected Reserve Incentive Program Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates provides for officer accession/affiliation bonus options.  It states that:

	a.  The ARNG offers a $10,000.00 officer accession/affiliation bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical unit identification code (UIC).  Additionally, officers and warrant officers must serve in a valid area of concentration (AOC) vacancy within their chosen UIC.  The critical UIC OAB will be paid in a lump-sum payment upon successful completion of the officer basic course (OBC) or WOBC, as applicable.

	b.  The ARNG offers a $10,000.00 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.  Additionally, officers and warrant officers must serve in a valid AOC vacancy within their chosen UIC.  The MTOE OAB will be paid in two 50-percent installments.  The first 50-percent installment ($5,000.00) will be paid upon successful completion of OBC/WOBC, as applicable, and the second 50-percent installment will be processed for payment on the third-year anniversary of commission or appointment.

11.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and U.S. 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 table of organization and equipment, table of distribution and allowances, MTOE, and modification table of distribution and allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the FLARNG on 21 August 2008.  His enlistment contract and allied documents did not promise him an OAB.  He agreed to enlist and he was guaranteed attendance at OCS.  He did so. 

2.  He was appointed in the FLARNG and executed the oaths of office on 20 March 2010.  He then completed the Signal Basic Officer Leader Course from 1 November 2010 to 14 March 2011.  Shortly after completing this course, on 17 June 2011, the applicant was issued a Bonus Control Number and he was paid the first installment of this $10,000.00 OAB incentive.  

3.  As he continued to fulfill his contractual obligation in the Signal AOC, he was suddenly told he would not qualify for the second installment because his Incentives Manager could not locate his addendum.  Accordingly, he submitted an exception to policy which was ultimately denied by the NGB due to the absence of said addendum.  

4.  It is evident that several errors were committed in the processing of his OAB.  He should not be penalized for errors committed by the FLARNG, the State Incentives Manager, or NGB.  He enlisted in good faith, completed OCS, was appointed, and he continues to serve today in the FLARNG.  Only the incompetence of others denied him the payment of his hard-earned bonus.  

5.  As a matter of equity, his records should be corrected to show he executed the OAB Addendum, it was witnessed by a service representative, and it was filed in his service records, and and therefore he should be entitled to receive the second installment of his 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 20 March 2010, a Written Agreement – OAB Addendum, was properly prepared with a Bonus Control Number 
* the applicant was appointed in a critical skill upon his appointment in the FLARNG for an OAB in the amount of $10,000.00
* the applicant is eligible for payment of the bonus in accordance with the terms of his Written Agreement – OAB Addendum and paying him the second installment of the bonus 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)                                         AR20130020949





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ABCMR Record of Proceedings (cont)                                         AR20130020949



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