IN THE CASE OF:	  

		BOARD DATE:	    20 May 2014

		DOCKET NUMBER:  AR20140004405 


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 was entitled to a $10,000 officer accession bonus (OAB).

2.  The applicant states, in effect:

	a.  In May 2009, upon commissioning into the Florida Army National Guard (FLARNG), where he is still honorably serving, he signed an OAB addendum for $10,000 for accessing into the FLARNG.  The bonus contract he signed stated he would receive the lump sum payment of $10,000 upon completion of the Basic Officer Leadership Course (BOLC).  He completed BOLC on 29 October 2010 but did not receive the bonus

	b.  He called the ARNG financial support and was told he needed to submit a request for an exception to policy (ETP) for payment of the OAB due to the fact that his contract may have been signed outside the regulated time period.  He submitted the ETP request for payment of the OAB and after a few weeks he received $4,000, which was the first half of the OAB.  To date, he has not received the second half of the bonus.  

	c.  In June 2012, he was told he needed to submit another ETP request for the second half of the bonus and he did so.  This occurred during the final mobilization preparations and the first few weeks into a 12-month deployment to Guantanamo Bay, Cuba.  In March 2013, while deployed, he received a response stating his request for payment based on an ETP had been denied and that the State Incentive Manager was told to terminate the OAB with recoupment.
	d.  This is unjust because the denial memorandum stated the critical skill option he contracted for and the area of concentration (AOC) could not be validated as an authorized critical skill.  However, the ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06), stated AOC 35D (All-Source Intelligence Officer) was a critical skill at the time.  Paragraph 12.a(3) of the SRIP states “Officers must be assigned to a valid, vacant position, or against a projected vacancy within 101 percent (%) to 125% of the units authorized wartime strength by military occupational specialty (MOS)/AOC."  He does not think his unit exceeded the allocation for military intelligence (MI) officers at any time in 2009. 

	e.  He was also told his OAB bonus addendum was signed after his appointment date which violated the SRIP.  However, he signed the addendum on his commission date, but the documents were misplaced.  A few weeks later he was asked to resign the documents and he did so.  

3.  The applicant provides two memoranda, four pages of email, an OAB addendum, and a DA Form 2823 (Sworn Statement).

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a second lieutenant Reserve MI officer in the FLARNG on 1 May 2009.  He provides and his record contains an OAB addendum wherein it stated:

	a.  He acknowledged that he met the eligibility criteria and agreed to accept an appointment to serve in the Selected Reserve in a critical officer skill that was designated for bonus entitlement for a period of 6 years.  

	b.  He was being accessed into the FLARNGG and would receive a bonus of $10,000 paid in one lump sum upon successful completion of BOLC. 

	c.  The addendum was signed by the service representative and the applicant on 21 May 2009.  It was not signed by the witnessing officer nor does it contain a valid bonus control number (BCN).

2.  He was assigned to the 260th MI Battalion, Pinellas Park, FL, in AOC 35D.  

3.  He attended and successfully completed the MI BOLC from 30 June to 29 October 2010 at Fort Huachuca, AZ.  He was promoted to the rank/grade of first lieutenant (1LT) on 1 November 2010.
4.  He was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom and he entered active duty on 13 July 2012.

5.  He served in Cuba from 28 July 2012 to 20 July 2013.  He was honorably released from active duty on 20 August 2013.

6.  He provides a memorandum, dated 15 March 2013, from the National Guard Bureau (NGB) denying his ETP to retain the OAB wherein it stated, in part:

	a.  The applicant contracted for the critical skill option in accordance with the SRIP agreement and the AOC 35D he contracted for] could not be validated as an authorized critical skill which violates the ARNG SRIP 07-06, updated 9 March 2009 to 15 June 2010 (emphasis added).

	b.  In addition, his bonus addendum was signed after the appointment date.  The State Incentive Manger will terminate his OAB with recoupment.

7.  The FLARNG State Incentive Manager confirmed on 15 May 2014 that AOC 35D was not a critical AOC as of 1 March 2009. 

8.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that debt repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was entitled to a $10,000 OAB for his appointment in the FLARNG.

2.  The NGB verified and the State confirmed that AOC 35D was not on the critical skill list at the time of his appointment in the FLARNG on 1 May 2009 which invalidates the OAB addendum he signed.  Although he was offered a bonus, this was done in error.  Therefore, he is not entitled to the full $10,000 OAB.  

3.  Despite being offered the bonus in error, he received the first half of this bonus and he continues to serve the contractual obligations stipulated in his contract.  He now risks the recoupment of the first half of this bonus.  This is unjust.  A debt repayment is not required if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  Therefore, his records should be corrected to show he submitted an exception ot policy to the NGB to retain the first half of this bonus and the NGB approved his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:

* showing he submitted an exception to policy to the FLARNG to retain the first half of his bonus ($5,000)
* showing the FLARNG timely received his exception to policy request, approved it, and authorized him to retain the first half of this bonus

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him the full amount of the bonus.



      _______ _   ____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)                                         AR20140004405



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ABCMR Record of Proceedings (cont)                                         AR20140004405



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