IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20140002797
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 reconsideration of his previous request for payment of a $10,000.00 Officer Accession Bonus (OAB).
2. He states he was to receive an OAB, but it was not paid. He has a copy of the OAB contract that includes a bonus control number (BCN) which is only assigned by the bonus office. He also has an e-mail from the official who was to sign the OAB contract stating it was signed.
3. He provides e-mail correspondence and a Written Agreement OAB Addendum.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130016461 on 17 October 2013.
2. The applicant has provided new evidence that requires consideration by the Board.
3. The applicant had prior enlisted service in the Maryland Army National Guard (MDARNG) and Regular Army. On 3 August 2011, he graduated from the Warrant Officer Candidate School and took the oaths of office as a warrant officer one in the MDARNG.
4. His Army Military Human Resource Record does not contain a Written Agreement OAB Addendum executed at the time he took the oaths of office.
5. On 20 August 2012, he completed the Warrant Officer Basic Course for military occupational specialty (MOS) 251A (Information Systems Technician).
6. On 14 March 2013, Headquarters, MDARNG, issued Orders 073-101 directing conversion of his MOS to 255A (Information Services Technician) effective 1 September 2012.
7. He is currently serving in the MDARNG as a chief warrant officer two in MOS 255A.
8. In support of his previous application, he provided a memorandum, subject: Request for Exception to Policy (ETP) for OAB (Applicant), dated 27 March 2013, from the Deputy G-1, ARNG, National Guard Bureau (NGB). The memorandum shows his request for an ETP to retain the $10,000.00 OAB was denied. The memorandum states:
* he contracted for the critical skill option and his MOS could not be validated as an authorized critical skill
* the bonus addendum was not signed and dated by a witnessing official and service representative
9. He provides a Written Agreement OAB Addendum that he signed on 3 August 2011. The addendum is not signed by a service representative or a witnessing officer. A BCN was entered on each page of the addendum. The addendum shows he agreed to serve in ARNG-approved critical skill MOS 251A for a period of 6 years to be eligible for a $10,000.00 OAB.
10. He provides e-mail correspondence, dated 30 May 2013, showing the Deputy Commandant, Warrant Officer Career College, Fort Rucker, AL, stated she remembered signing his bonus packet and sending it to a point of contact in his State.
11. On 25 July 2011, NGB issued a memorandum, subject: Army National Guard (ARNG) Selected Reserve Incentives Program (SRIP) for Fiscal Year 2011. The memorandum established OAB requirements for the fiscal year, and stated, in pertinent part, that officers must apply with an approved critical-skill area of concentration or MOS listed in enclosure 6 (Officer/Warrant Officer Accession Critical Skill List). MOS 251A is not listed as a critical skill MOS for the MDARNG.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support paying the applicant a $10,000.00 OAB.
2. He was accessed into an MOS that was not listed as a critical skill for the MDARNG. Notwithstanding the evidence he has provided, there is no basis for paying him a bonus that was not authorized for his MOS under the policy in effect at the time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130016461, dated 17 October 2013.
_______ _ _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) AR20140002797
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ABCMR Record of Proceedings (cont) AR20140002797
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