IN THE CASE OF:  

		BOARD DATE: 1 April 2014   

		DOCKET NUMBER:  AR20140003703 


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 correction of his records to show he is qualified for the Officer Accession Bonus (OAB) he contracted for on 5 May 2007.

2.  The applicant states that payment for his AOB has been denied.

	a.  He filed an inspector general (IG) complaint in October of 2010 with the Michigan Army National Guard (MIARNG) and, on 2 January 2014, he received a memorandum explaining he was denied the OAB for the following reasons: 

		(1)  He was not entitled to the incentive based upon the “law eligibility requirements which violates ARNG SRIP [Selected Reserve Incentive Program] 07-04.”

		(2)  He did not complete area of concentration (AOC) training within 
36 months.  This was not any fault of his.  The Basic Officer Leader Course (BOLC) dates were not available in that time frame.

		(3)  His contract/bonus addendum is obsolete.  The addendum was not obsolete on the date of signing.  He was not notified that the addendum was no longer valid.

		(4)  His contract/bonus addendum is missing the date of the Service Representative's signature.  The officer, Major (MAJ) C---, who prepared the document was relieved from his position due poor performance. 
		(5)  His contract/bonus addendum does not annotate the critical AOC or is illegible in the space provided.  Again this was no fault of his; the officer who prepared this document did not do it correctly. 

	b.  He believes that there is still an injustice.  He signed the written agreement in good faith that he would be paid a bonus for serving.  He fulfilled his obligations to the best of his ability and due to unforeseen circumstances outside of his control he is being told he is denied the bonus he was promised.  He went through the proper channels and provided all the documentation he could.  An exception to policy (ETP) was denied.

3.  The applicant provides copies of:

* Written Agreement, OAB Addendum, dated 5 May 2007
* his letter to the Incentive Manager, Recruiting and Retention Battalion, Lansing, Michigan, dated 13 February 2013
* Michigan National Guard Joint Force Headquarters, memorandum:  Subject:  Request for ETP, dated 28 May 2013
* National Guard Bureau (NGB) memorandum, Subject:  Second Review Request for ETP, dated 2 January 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant took the oath of office as a second lieutenant in the MIARNG on 5 May 2007.

2.  In his Written Agreement - Officer Accession Bonus Addendum signed by the applicant on 5 May 2007, he agreed:   

	a.  to accept an appointment as an officer in the armed forces to serve in the Selected Reserve in a critical officer skill that is designated for bonus entitlement by the Secretary of the Army (the agreement did not list what the critical skill would be);

	b.  that he would receive a bonus of $10,000 paid in one lump sum upon his successful completion of the Officer Basic Course (OBC).

	c.  that he understood the bonus would be subject to recoupment if he failed or failed to complete OBC within 36 months of the date of appointment 

3.  In a 13 February 2013 memorandum addressed to the Incentive Manager, Recruiting and Retention Battalion, Lansing, Michigan, the applicant indicated the reasons for the denial of his OAB were not his fault and he requested an ETP be submitted.

4.  An ETP was initiated on 28 May 2013, by the Deputy Chief of Staff, Personnel, Michigan National Guard, Joint Force Headquarters.  

5.  On 2 January 2014, the Deputy G1, NGB, denied the applicant's request for an ETP concerning the OAB.  The State Incentive Manager was directed to terminate the applicant's incentive without recoupment.  The denial was based on the following discrepancies all of which violate ARNG SRIP 07-04:

	a.  The applicant was not entitled to the incentive based upon "the law eligibility requirements which violates ARNG SRIP 07-04."

	b.  The applicant did not complete AOC training within 36 months.

	c.  The date of the service representative's signature is missing from the applicant's bonus addendum.

	d.  The applicant's bonus addendum is obsolete.

	e.  The applicant's bonus addendum does not show the critical AOC or it is illegible in the space provided.

6.  The applicant's record contains a copy of:

	a.  The OAB addendum signed on 5 May 2007.  There is no indication in the addendum as to the critical AOC involved.  

	b.  A SRIP OAB Bonus Control Worksheet listing the AOC of 13A and that OBC was projected to be completed 1 April 2008.

	c.  DA Form 1059 (Service School Academic Evaluation Report) showing he completed the Field Artillery BOLC on 13 October 2012.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he is qualified for the AOB bonus payment.

2.  The available evidence clearly shows that the applicant signed an OAB addendum on 5 May 2007 agreeing to accept an appointment as an officer in the Selected Reserve for a 6-year period.  He further agreed to serve in a critical skill that was designated for bonus entitlement.  However, the written contract did not specify the AOC critical skill.  

3.  The ETP denial lists several discrepancies with the AOB addendum.  The applicant should not be held responsible for the use of an obsolete form or data missing from the form.   

4.  However, the applicant did agree to complete AOC training within 36 months. He did not complete the training until 13 October 2012, more than two years past the 36-month suspense.  He states there were no earlier class dates available, but he did not provide any evidence to support that contention.

5.  In view of the above, the applicant's request should be denied.

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 for correction of the records of the individual concerned.



      ____________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)                                         AR20130013837



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ABCMR Record of Proceedings (cont)                                         AR20140003703



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