IN THE CASE OF:	

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140003584 


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 the creation of an Officer Accession Bonus (OAB) Addendum and relief from the recoupment of his OAB.

2.  The applicant states he was eligible for the OAB when he was commissioned in 2006.  He contracted for 6 years and neither accepted a Military Technician nor an Active Guard Reserve position.  Additionally, he did not receive any educational benefits and he went into a critical area of concentration (AOC).  He signed an OAB but he does not have a copy of the written agreement.  He was also paid the bonus despite the absence of the written agreement.  The California Army National Guard (CAARNG) Incentives Task Force audited his records and determined he was ineligible for the bonus.  He became subject to recoupment of the amount that had already been paid. 

3.  The applicant provides:

* Incentives Task Force Bonus Audit Form
* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* DA Form 1059 (Service School Academic Evaluation Report)
* Listing of Critical Skill AOC for ARNG Selective Reserve Incentives program (SRIP) 06-06
* Incentive Notice of Indebtedness
* Appointment orders
* NGB Form 23B (ARNG Retirement Points History Statement)
* ARNG Fiscal Year 06 SRIP Policy Guidance for 27 January to 31 May 2006 (Policy Number 06-05)
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the CAARNG and executed an oath of office on 31 May 2006.  He attended the Judge Advocate General Officer Basic Course from July 2006 to January 2007. 

2.  He served in a variety of ARNG assignments in AOC 27A (Judge Advocate General) and he was promoted to captain on 6 June 2008. 

3.  On 18 November 2013, the U.S. Property and Fiscal Officer for California notified him by letter that the CA Soldier Incentives Assistance Center had found him to be indebted to the U.S. Government for the OAB.  He had been paid a $10,000 OAB that he was not authorized.  He was also advised that this amount would be recouped from his pay. 

4.  He was honorably discharged from the ARNG on 31 May 2014 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).   

5.  He provides: 

	a.  A Listing of Critical Skill AOC's for ARNG SRIP 06-06, page 1 of 2.  AOC 27A is listed as a critical AOC for the ARNG SRIP. 

	b.  Multiple printouts attached to the Incentive Notice of Indebtedness.  These printouts show he was paid the OAB in May 2006. 

	c.  An NGB Form 23B, dated 14 March 2013, that shows he completed
6 qualifying years of service toward non-regular retirement. 

6.  An advisory opinion was received from the Office of the Deputy Chief of Staff, G-1, on 12 May 2014, in the processing of this case.  The G-1 advisory official recommended denial of the applicant's request.  He stated: 

	a.  In order to be eligible for the Selected Reserves OAB as a commissioned officer in the ARNG an individual must meet the Headquarters, Department of the Army eligibility criteria and be appointed in a critically short AOC listed in the current ARNG SRIP announcement in effect on the date the individual makes application for officer appointment/training or on or before the officer's appointment date.  Additionally, the ARNG SRIP requires that the officer sign the OAB addendum (agreement) on the date of commissioning.  A review of the ARNG SRIP in effect when [the applicant] was commissioned (31 May 2006) indicates his AOC (27A) was eligible for the bonus.

	b.  While the applicant was eligible for the OAB, he was in no way required to sign an OAB addendum.  Therefore, due to the absence of the signed OAB addendum in this instance, there is no evidence a legally binding agreement was established between the Government and the applicant, and it appears he was erroneously paid the $10,000 OAB.  Accordingly, the Army G-1 recommends disapproval of his application for a waiver of recoupment of the OAB.

7.  The applicant was provided a copy of this advisory opinion but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in May 2006 for AOC 27A and he agreed to serve in the ARNG for a period of 6 years.  At the time of his appointment, his AOC was designated as a critical AOC for the CAARNG.  Although there is no written agreement in his service records, he was paid the $10,000 OAB incentive.  

2.  Nearly 7 years after he was paid the incentive, an audit of his records indicated he did not sign a written agreement and despite the fact that his AOC was a critical AOC at the time and the fact that he fulfilled his 6-year obligation, the incentives task force informed him that the OAB that he was paid would be recouped.  This would be unfair. 

3.  Notwithstanding the negative advisory opinion rendered by the G-1, the applicant should not be penalized for someone else's failure in advising him of the need to sign a written agreement.  His records should be corrected to show he signed an agreement and the recoupment of his OAB should be stopped. 

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 applicant executed a properly prepared Written Agreement – OAB Addendum, on 31 May 2006, in AOC 27A with appropriate signatures and a Bonus Control Number
* the applicant was appointed in a critical skill upon his appointment in the CAARNG for an OAB in the amount of $10,000.00
* the applicant is eligible for payment of the bonus in accordance with the Written Agreement - OAB Addendum and he should be paid 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)                                         AR20140003584



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ABCMR Record of Proceedings (cont)                                         AR20140003584



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