IN THE CASE OF: 

		BOARD DATE:	  18 June 2014

		DOCKET NUMBER:  AR20130022351 


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 Special Pay Bonus (SPB) incentive that she was promised.

2.  The applicant states she has not received the bonus she was promised when she swore in on 25 September 2013.  She understood she would receive an annual bonus for 3 years in the amount of $20,000 each year totaling $60,000.  On 1 October 2013, full-time Army National Guard (ARNG) members were furloughed due to the budget and her first drill was cancelled.  She was later advised that the incentive was cut effective 1 October 2013; however, this cut was after her swearing in date.

3.  The applicant provided copies of the following:

* U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve (USAR) and ARNG Incentives Declaration Statement)
* Results of the 10-12 September 2013 ARNG Selection Board for the ARNG memorandum
* Two National Guard Bureau (NGB) Forms 337 (Oaths of Office)

CONSIDERATION OF EVIDENCE:

1.  The applicant provided copies of the following:

* USAREC Form 1252, dated 7 June 2013, wherein she indicated she would like to be considered for the 3-year SPB incentive
* Results of the 10-12 September 2013 ARNG Selection Board for the ARNG memorandum, dated 18 September 2013, which shows she was selected to receive the SPB incentive 
* Two NGB Forms 337 she executed on 25 September 2013 for appointment in the Mississippi ARNG (MSARNG)

2.  In a memorandum, dated 22 April 2014, The Adjutant General (TAG) of the MSARNG concurred with granting the applicant's request to receive her SPB in the amount of $60,000.  TAG stated that the applicant was sworn in to the MSARNG prior to the “expropriation” of incentives for her specialty branch of 66P (nurse practitioner), which occurred on 1 October 2013.  The applicant also signed a USAREC Form 1252 indicating she would like to receive the SPB incentive for 3 years prior to the 1 October 2013 date.

3.  In an advisory opinion, dated 30 April 2014, the Chief, Personnel Policy Division, NGB, reiterated the applicant's request.  The NGB official recommended approval of the applicant's request.  The NGB official stated:

   a.  The applicant joined the MSARNG on 25 September 2013.  Prior to signing the NGB Form 337, on 7 June 2013, she signed a USAREC Form 1252.  The declaration statement listed the incentives that were currently available to applicants.  The applicant indicated on the declaration statement that she would like to receive the SPB incentive for 3 years.  Her specialty of 66P was eligible for the incentive.

   b.  According to Titles 10 and 37, U.S. Code (USC), in order for an officer to receive an incentive they must possess an area of concentration that was considered a critical skill by the Secretary of Defense.  That event occurred days after the applicant swore in to the MSARNG.  Fortunately, the applicant had already signed the USAREC Form 1252, been approved for the incentive, and sworn into the MSARNG.  Another significant event that took place was sequestration.  That caused a lot of the full-time civilian forces, mostly technicians and contractors, to miss work and delayed the processing time of many actions.

   c.  According to a memorandum, dated 18 September 2013, Results of the 10-12 September 2013 ARNG Selection Board for the ARNG, the applicant was selected to receive the SPB incentive.  In accordance with Titles 10 and 37, USC, there must be a signed valid contract in order for the officer to receive an incentive.  According to the officer incentive manager at NGB, if the applicant 


does not have a signed contract on file, she would be ineligible to receive the SPB incentive.  

   d.  The Department of Defense (DOD) modified the policy guidance on repayment of bonuses and educational benefits in a memorandum, dated 21 May 2008.  The DOD memorandum stated "A member who enters into a written agreement with specified conditions of pay or benefit is entitled to the full amount of the pay or benefit if the member fulfills the conditions for that pay or benefit."

   e.  The MSARNG concurred with the recommendation for relief.  However, the NGB's incentive branch non-concurred.

4.  The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 1 May 2014.  In her rebuttal, dated 5 May 2014, the applicant stated she concurred with the findings.  She also stated that she did meet the documentation deadline for the incentive and she was unsure as to why the incentives branch did not concur.  She signed the June 2013 declaration statement indicating that she would like the full amount of pay and sought to serve for the 3 years mandated in order to receive incentive pay.  She was sworn in on 25 September 2013 and that was prior to 1 October 2013, which was the date the incentive was stopped for nurse practitioners.  She understands that the incentive pay continues for physician assistants.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that on 18 September 2013, the applicant was selected to receive the 3-year SPB incentive she had requested.  At the time, her specialty of 66P was eligible to receive the incentive.  She was sworn into the MSARNG on 25 September 2013.  However, effective 1 October 2013, the 66P specialty was no longer eligible for the incentive.  

2.  Notwithstanding the non-concurrence of NGB's Incentive Branch, the Chief, Personnel Policy Branch, NGB and the MSARNG recommended relief for the applicant in accordance with Titles 10 and 37 of the USC, as the applicant had signed a valid contract in order to receive the incentive, been approved, and was sworn into the MSARNG prior to 1 October 2013.

3.  Based on the foregoing, the applicant is entitled to payment of a 3-year SPB incentive of $20,000 for each year totaling $60,000.  




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 contracted for and was approved for a 3-year SPB incentive of $20,000 for each year totaling $60,000 effective 
25 September 2013
* paying the SPB to her 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)                                         AR20130022351



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ABCMR Record of Proceedings (cont)                                         AR20130022351



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