IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20140007834 


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 payment of the second half of his Officer Accession Bonus (OAB) in the Massachusetts Army National Guard (MAARNG). 

2.  The applicant states:

* The National Guard Bureau (NGB) denied him the second installment of the $10,000 OAB 
* he did not accept appointment for the purpose of applying for an Active Guard Reserve (AGR) or a Military Technician (Mil Tech) position
* he did not even apply for a non-permanent position until 2 years after his commission and 1 year after receiving the first installment
* he continues to be assigned to the critical area of concentration (AOC) and he is in full compliance
* although the uploaded copy of the Written Agreement is missing his recruiter's signature, this did not invalidate it as a contract
* he received the first installment of the bonus in compliance with the contractual obligation, thereby ratifying the agreement 

3.  The applicant provides:

* Written Agreement
* NGB denial of Exception to Policy and applicant's response
* Two Standard Forms (SF) 50 (Notification of Personnel Action)
* Extract of Army Regulation 135-7 (ARNG/Army Reserve Incentive Programs)
CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the MAARNG and executed an oath of office on 20 March 2010.  He was assigned to Company B, 126th Brigade Support Battalion, Westfield, MA. 

2.  He provides a copy of a Written Agreement - OAB Addendum, dated 20 March 2010.  This form shows he agreed to serve in the Selected Reserve (SELRES) in AOC 91A (Maintenance and Munitions Materiel Officer) which is a critical officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate.  He agreed to:

* serve for 6 years in the SELRES
* receive a $10,000.00 critical skill bonus to be paid in two installments,
50 percent of which was to be paid upon completion of the Basic Officer Leaders Course (BOLC) and the second 50 percent was to be paid on the third year anniversary
* bonus termination with recoupment if he voluntarily transferred out of the critical skill for which the bonus was approved

3.  The applicant and a witnessing officer (but not a service representative) authenticated this form with their signatures/dates.  The addendum contains the Bonus Control Number 01004XXXXMA. 

4.  On 13 September 2010, he entered active duty and completed the Ordnance BOLC Course at Fort Lee, VA, from 14 September 2010 to 27 January 2011.  He was honorably released from active duty on 27 January 2011.

5.  On 15 November 2010, because he was still not qualified in his duty position, he was reassigned to the position of Aide De Camp, 26th Maneuver Enhancement Brigade (MEB), Reading, MA.  

6.  He was promoted by the MAARNG to first lieutenant on 20 September 2011.  

7.  On 20 May 2013, the Joint Force Headquarters, MAARNG, submitted an exception to policy request to the NGB regarding the second installment of his OAB.  The MAARNG G-1 stated that the applicant's OAB should be terminated effective 12 March 2012.  The applicant had accepted a technician position during the contract; therefore, payments are not authorized.  

8.  He completed the ARNG Ordnance Captains Career Course from 3 to 14 June 2013. 
9.  On 21 August 2013, the NGB denied his request and instructed the State Incentive Manager to terminate the incentive without recoupment.  The NGB official:

   a.  Referenced Policy Number 07-06, updated 17 February 2009, Subject: ARNG SELRES Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007 - 30 September 2009) with updates and stated the applicant became AGR or Mil Tech 1 day after the contract start date (25 February 2010 - Present) which violates ARNG SRIP 07-06, updated 
(1 March 2009 to 15 June 2010).  Additionally, his contract/bonus addendum contains missing signature dates from the Service Representative which violates ARNG SRIP    07-06, updated (1 March 2009 to 15 June 2010).

	b.  Stated that although the applicant's incentive addendum does not address becoming an AGR or Mil Tech during his contractual agreement as a grounds for termination, the requirement is outlined in the referenced SRIP Policy, Headquarters, Department Army All Army Activities 017/2005, and Department of Defense Instruction (DODI) 1205.21. 

10.  He was promoted to captain on 20 March 2014.

11.  The applicant provides two SF's 50 as follows: 

	a.  SF 50, dated 11 March 2012, showing he accepted the full-time Mil Tech position of Contract Specialist at the Joint Force Headquarters, MAARNG, Melford, MA.  

	b.  SF 50, dated 11 March 2012, correcting the Position/Title Sequence number of the position he accepted.

12.  NGB Policy Number 07-06, in the form of a memorandum, subject:  SRIP Guidance for FY 2007, 10 August 2007 to 31 March 2008, dated 10 August 2007 with updates, provides for Officer Accession/Affiliation Bonus Options.  It states:

	a.  The ARNG offers a $10,000.00 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical Unit Identification Code (UIC).  Additionally, officers and warrant officers must serve in a critical AOC vacancy within their chosen UIC.  The Critical UIC OAB will be paid in a lump-sum payment upon successful completion of the Officer Basic Course (OBC) or WOBC as applicable.  


   b.  The ARNG offers a $10,000 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a Modified Table of Organization and Equipment (MTOE) unit.  Additionally, officers and warrant officers must serve in a valid AOC vacancy within their chosen UIC.  The MTOE OAB will be paid in two 50 percent installments.  The first 50 percent installment ($5,000) will be paid upon successful completion of OBC/WOBC, as applicable, and the second 50 percent installment will be processed for payment on the third year anniversary of commission or appointment.

	c.  An OAB may be terminated without recoupment due to acceptance of either an indefinite or permanent Mil Tech position, or temporary Mil Tech position for 180 consecutive days, or an AGR position as long as acceptance of the position occurred after 25 February 2010. 

13.  Army Regulation 135-7 establishes a single reference for incentives authorized within the ARNG and the Army Reserve.  Paragraph 1-7 states that SELRES incentives will be offered in designated units and selected skills only when a valid position vacancy exists.  Valid position vacancies are either current or projected from the unit's organization tables.  These tables include Tables of Organization and Equipment (TOE), Tables of Distribution and Allowances (TDA), MTOE, and Modification Table of Distribution and Allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the MAARNG on 20 March 2010.  He agreed to serve 6 years in the SELRES in exchange for a $10,000 OAB to be paid in two installments, upon completion of BOLC and on the third anniversary.  It appears the applicant received the first installment in 2010.  But, when he applied for the second installment, he was denied payment because he had accepted a Mil Tech position on 11 March 2012.  

2.  Although his written agreement does not specify a termination of bonus if he accepted a Mil Tech position, and although he may have complied with the terms of his contract, the fact remains that payment cannot be authorized because this requirement is outlined in the referenced SRIP Policy, Headquarters, Department Army policy, and the DODI.  

3.  His incentive was terminated but without recoupment.  Regrettably, he is not entitled to the requested relief.



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)                                         AR20140007834



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ABCMR Record of Proceedings (cont)                                         AR20140007834



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