IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140001725 


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, correction of his record to show he is entitled to a $10,000 officer accession bonus (OAB).

2.  The applicant states, in effect, that he fulfilled all the requirements of his contract.  Nevertheless, his OAB is being recouped because his primary Area of Concentration (AOC) 153D (UH-60 Helicopter Pilot) changed to AOC 153M (UH-60M Helicopter Pilot) as the result of his unit transitioning to a newer model of aircraft.

3.  The applicant provides his Federal recognition documents, OAB Addendum, request for Exception to Policy (ETP), National Guard Bureau (NGB) denial of ETP, and military orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a chief warrant officer two (CW2) serving as a UH-60M Helicopter Pilot in the Wisconsin Army National Guard (WIARNG).

2.  Orders 027-1035, issued by the Joint Force Headquarters (JFHQ) WI, dated 27 January 2009, assigned him to the 1st Battalion, 147th Aviation Regiment, to a position designated for AOC 153M.

3.  On 4 February 2009, he was appointed as a Warrant Officer One in the ARNG and extended Federal recognition effective the same date in AOC 153D.

4.  His OAB Addendum was signed on 4 February 2009.  This document shows he agreed to accept an appointment as an officer in the Selected Reserve in a critical officer skill designated for bonus entitlement by the Chief, ARNG and to serve in the Selected Reserve for a period of 6 years.  He was to be paid a $10,000 bonus in two installments.  The first half was to be paid upon completion of the Warrant Officer Basic Course and the second half on the third anniversary of his appointment date.  He agreed to accomplish the necessary training prescribed by the Secretary of the Army to achieve the designated skill within 36 months of appointment.  This document did not list a contracted critical skill AOC.

5.  He completed the UH-60M Aircraft qualification Course on 4 June 2010.  On  5 June 2010, he was awarded primary AOC 153M and secondary AOC 153D.

6.  On 18 July 2012, the Deputy Chief of Staff, Personnel, G-1, WIARNG, requested an exception to policy (ETP) to allow the applicant to retain his OAB.  This official stated that on 12 September 2008 the applicant was granted Federal recognition as a 153D and this AOC is on the critical skill list.  His unit of assignment went through a restructuring wherein all the 153D positions were changed to 153M.  He contracted for an OAB with a critical skill of 153M in which a Bonus Control Number (BCN) was approved.  The applicant was qualified in AOC 153D and 153M.

7.  On 6 May 2013, the Deputy G1, NGB, denied the WIARNG's ETP request for the applicant to retain his $10,000.00 OAB.  This official stated that the applicant contracted for the critical skill option in accordance with the Selected Reserve Incentive Program (SRIP) agreement and the AOC 153M could not be validated as an authorized critical skill which violated ARNG SRIP 07-06 (10 August 2007 to 28 February 2009).  This document shows the applicant was duty qualified in AOC 153M on 4 June 2010.

8.  The applicant was provided a copy of the advisory opinion for review and comment.  He did not respond in the time allotted.

9.  National Guard Regulation 600-7 and various policy memoranda govern the administration of the ARNG SRIP, which includes the OAB.  The purpose of the program is to assist ARNG leadership in meeting personnel readiness requirements by targeting personnel strength and readiness issues.  Critical shortages identified through Unit Status Reports are used to focus the incentive program to specific units and AOCs.



10.  NGB Policy Memorandum 07-06, dated 10 August 2007, subject:  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, for the period 
10 August 2007 through 30 September 2009 (Policy Number 07-06), dated 
10 August 2007, updated 17 February 2009 and in effect until 30 September 2009, provides for Officer Accession/Affiliation Bonus Options.  This memorandum shows:

	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 UIC.  The Critical UIC OAB will be paid in two equal lump-sum payments, once upon successful completion of OBC or WOBC as applicable, and on the third-year anniversary of commission or appointment.

	b.  Paragraph 12a(1) states eligible individuals must never have held a commission as an officer or appointment as a warrant officer in any of the armed forces of the United States.

	c.  Paragraph 12a(3) states officers must be assigned to a valid, vacant position; or against a projected vacancy within 101 percent to 125 percent of the unit’s authorized wartime strength by MOS/AOC at the battery, company, or troop level.

	d.  AOC 153M is listed on the NGB Warrant Officer Critical AOC List for the period 16 June 2007 through 31 March 2008 (extended to 30 September 2009) (list provided by the ARNG Incentive Oversight Branch).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for correction of his record to show he is entitled to a $10,000 OAB.

2.  It appears that the applicant contracted for an OAB in the critical skill AOC 153M and he was duty qualified in this AOC on 4 June 2010.   Notwithstanding the NGB advisory opinion, a review of the critical skill list in effect at the time the applicant contracted for the OAB contains the AOC 153M; therefore, it appears that an administrative error occurred during the processing of his ETP.

3.  In view of the foregoing, it would be appropriate to correct the NGB Memorandum, SUBJECT:  Request for ETP for OAB [applicant's name], dated
6 May 2013, to show that AOC 153M was validated as an authorized critical skill and his request for ETP was approved.  Further, the recoupment of his OAB should be terminated and he should be reimbursed all monies, if any, due to him as a result of this correction.
BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  amending the NGB memorandum, subject:  Request for Exception to Policy for Officer Accession Bonus, dated 6 May 2013, to show that AOC 153M was validated as an authorized officer critical skill and that his request for ETP was approved;

	b.  terminating the recoupment of his OAB; and

	c.  reimbursing all payments, if any, due to him as a result of this correction barring the existence of any other disqualifying factors.




      _______ _   _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)                                         AR20140001725





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ABCMR Record of Proceedings (cont)                                         AR20140001725



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