BOARD DATE:	  14 May 2014

		DOCKET NUMBER:  AR20140003521 


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 that he be paid an Officer Accession Bonus (OAB) in the amount of $10,000.00.

2.  The applicant states:

	a.  he signed an OAB contract to serve in area of concentration (AOC)/military occupational specialty (MOS) 250N (Network Management Technician) in the Alabama Army National Guard (ALARNG) on 15 December 2011.  At that time AOC 250N, later changed to AOC 255N, was on the critical skill list according to the Information Management and Reporting Center (iMARC) and the National Guard Bureau (NGB) had just issued a pilot bonus program.  

	b.  he was told upon completion of his Warrant Officer Basic Course (WOBC) and was awarded an MOS he would receive a $10,000.00 accession bonus.  He completed WOBC in June 2013 and submitted all of the paperwork in order to receive his bonus.

	c.  the NGB denied his bonus because MOS 250N/255N was never on the critical MOS list. 

	d.  he was told by the warrant officer strength manager for Alabama that the bonus system changed shortly after he signed his bonus contract.


	e.  in February 2013 he was informed he would be put in an MOS 255A slot for a 9-month deployment to Afghanistan.  His MOS has never changed and he is still a 250N; however, the NGB memorandum states his MOS had changed.  This too may have caused his bonus to be denied as NGB may have thought he changed MOSs from what he originally contracted for.

3.  The applicant provides:

* OAB contract
* Information on the bonus pilot program
* iMARC printout

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the ALARNG, the applicant was appointed as a warrant officer one (WO1) in the ALARNG on 15 December 2011.

2.  In connection with his appointment, on 15 December 2011, he signed a Written Agreement OAB addendum in which he agreed to serve in the:

* ARNG under the Selected Reserve Incentive Program (SRIP)
* Selected Reserve in AOC/MOS 255N "which is a critical Officer/Warrant Officer skill that is designed for bonus entitlement by the Secretary of Defense or his delegate"

3.  The addendum also shows he would receive a bonus of $10,000.00 paid in one lump sum that would be processed upon completion of Officer Basic Course (OBC)/WOBC and qualification in his critical skill.  This addendum shows a bonus control number.

4.  He completed the Network Management Technician WOBC on 26 June 2013.

5.  He was promoted to chief warrant officer two effective 15 December 2013.

6.  On an unknown date, officials at the ALARNG submitted a request for an exception to policy (ETP) for the applicant to retain the $10,000.00 OAB.  

7.  On 30 December 2013, the NGB disapproved the request for an ETP because the applicant contracted for the critical skill option in accordance with the SRIP agreement and the AOC could not be validated as an authorized critical skill which violates ARNG SRIP Fiscal Year (FY) 2011 Decentralized State Incentive Pilot Program (DSIPP).  NGB directed the State Incentive Manager to terminate the incentive.
8.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:  (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated for a period specified in the agreement.  
 
9.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be paid an OAB in the amount of $10,000.00 per his Written Agreement OAB addendum was carefully considered and determined to have merit.

2.  He was appointed as a WO1 in the ALARNG on 15 December 2011 and his Written Agreement OAB addendum indicated he would be paid a $10,000.00 bonus in one lump sum upon completion of WOBC and qualification in his critical skill.  He completed the Network Management Technician WOBC on 26 June 2013, but he did not receive his bonus. 

3.  Although an ETP was requested, the OAB for the applicant was subsequently denied by NGB because he contracted for the critical skill option in accordance with the SRIP agreement and the AOC could not be validated as an authorized critical skill which violates ARNG SRIP FY2011 DSIPP.  Nevertheless, his OAB addendum shows his AOC/MOS was a critical Officer/Warrant Officer skill that was designated for bonus entitlement by the Secretary of Defense or his delegate.

4.  By law, the Secretary concerned may authorize an affiliation/accession bonus up to the amount of $10,000.00 to officers who enter into an agreement to serve in the Selected Reserve in a critical specialty.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the bonus.

5.  Evidence shows the applicant fulfilled the requirement of his Written Agreement OAB addendum, did absolutely nothing wrong, and upheld his end of the bargain.  
6.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct his record by showing the applicant signed his Written Agreement - OAB Addendum on 15 December 2011 and showing the Department of the Army authorized him to receive the bonus in question provided he otherwise meets the criteria of his Written Agreement – OAB Addendum.

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 all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

	a.  	showing the applicant's request for ETP to retain the $10,000.00 OAB was approved; 

	b.  showing the Department of the Army authorized him to receive a bonus in the amount of $10,000.00; and

	c.  paying to him the $10,000.00 bonus out of ARNG funds as a result of the above corrections.



      _________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)                                         AR20140003521





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ABCMR Record of Proceedings (cont)                                         AR20140003521



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