IN THE CASE OF:	

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140011961 


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, in effect, correction of his records to show he was entitled to a $10,000 officer accession bonus (OAB).

2.  The applicant states:

	a.  He should be paid the second half of his OAB as stated in his Written Agreement - Officer/Warrant OAB Addendum.  The National Guard Bureau (NGB) memorandum, dated 6 March 2014, should be dismissed as it contains a false accusation that he signed the addendum while he was on a Reserve Officers' Training Corps (ROTC) scholarship.

	b.  He followed the written agreement by each definition within the contract.  He chose the critical area of concentration (AOC) 13A (Field Artillery (FA)) over a prior chosen AOC in order to fulfill the agreement obligation.  He was accused of signing the OAB Addendum while on scholarship which disqualified him from receiving the bonus.  He is attaching documentation that shows he signed the OAB Addendum on 8 May 2010, 1 day after his ROTC scholarship ended on 7 May 2010.

3.  The applicant provides his:

* NGB Form 22 (Report of Separation and Record of Service)
* Orders 172-1037, dated 21 June 2010
* DA Form 71 (Oath of Office - Military Personnel)
* OAB Addendum
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)
* four memoranda, dated between 13 November 2013 and 7 March 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Indiana Army National Guard (INARNG) on 17 February 2006 and he held military occupational specialty 31B (Military Police).

2.  The applicant provides and his record contains a DA Form 597-3, dated 8 October 2008, wherein it shows he would be paid an ROTC scholarship for a period of 2 academic years and he agreed to remain a full-time student in good standing until he received his degree (emphasis added).  Block K (Period Covered) of this form shows the dates as 2 September 2008 to 31 May 2010. 

3.  His record contains a transcript from the University of Southern Indiana, Evansville, IN, wherein it shows on 7 May 2010 he was awarded a Bachelor of Science degree in Criminal Justice Studies with a minor in Military Science and a Bachelor of Science degree in Sociology.  

4.  On 7 May 2010, he was honorably discharged from the INARNG for appointment as a commissioned officer.

5.  On 8 May 2010, he was appointed as a second lieutenant FA Reserve officer in the INARNG and he executed an oath of office on that date.

6.  He provides and his record contains an OAB addendum wherein, in part, it states:

	a.  He agreed to serve in the Selected Reserve in AOC 13A which was a critical officer skill that was designated for bonus entitlement for a period of 6 years.  

	b.  He acknowledged he was not currently receiving financial assistance from an ROTC scholarship. 

	c.  He would receive a bonus of $10,000 paid in two installments; the first 50 percent (%) installment would be paid upon completion of the Basic Officer Leadership Course (BOLC).  The second and final payment of 50% would be processed on the third year anniversary of the agreement.

	d.  The addendum was signed by the service representative, applicant, and witnessing officer on 8 May 2010 and contains a valid bonus control number.
7.  He was assigned to the 1st Battalion, 163rd FA, Evansville, IN, in AOC 13A.

8.  He attended and successfully completed the FA BOLC from 11 February to 28 May 2011 at Fort Sill, OK.  He was promoted to the rank of first lieutenant on 8 November 2011.

9.  The applicant provides a memorandum, dated 31 December 2013, from Joint Forces Headquarters, INARNG, requesting an exception to policy (ETP) for the applicant to retain the OAB.  This memorandum stated the applicant contracted for the bonus on 8 May "2008" (i.e., 2010), graduated from college on 7 May "2008" (i.e., 2010) and was no longer receiving benefits under his ROTC contract.

10.  The applicant provides a memorandum, dated 6 March 2014, from the NGB denying the ETP for the applicant to retain the $10,000 OAB.  This memorandum stated, in part, the applicant signed an agreement for the OAB while on the ROTC scholarship which was not authorized and violated the ARNG Selected Reserve Incentive Program 07-06, updated, 1 March 2009 to 15 June 2010.  He received an ROTC scholarship as reflected on his DA Form 597-3.

11.  The applicant was promoted to the rank/grade of captain (CPT)/O-3 on 10 June 2014.

12.  ARNG SRIP Guidance for Fiscal Year (FY) 2010, 1 October 2009 to 
30 September 2010 (Policy Number 10-01), dated 20 January 2010, states in paragraph 11 (OAB -$10,000), an OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that AOC or are to be trained in that AOC.  In addition to the general eligibility requirements in paragraph 5 of this policy, the Soldier must have never received and will not receive financial assistance to include Regular Army, U.S. Army Reserve, and ARNG ROTC scholarship. 

DISCUSSION AND CONCLUSIONS:

The applicant was not eligible for the OAB.  The ARNG Guidance for FY 2010 from 1 October 2009 to 30 September 2010 (Policy Number 10-01) states an OAB is offered to help mitigate a current or projected significant shortage of personnel in the ARNG who are qualified in that AOC or are to be trained in that OAC.  In addition to the general eligibility requirements, the Soldier must have never received and will not receive financial assistance to include Regular Army, USAR, and ARNG ROTC scholarship.  Since the applicant was an ROTC scholarship recipient, he was ineligible for the OAB, regardless when his ROTC scholarship ended and/or when he signed his OAB Addendum.  He did not need an OAB incentive to enter the Army; his ROTC scholarship already obligated him to serve in the Army.

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)                                         AR20140011961



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ABCMR Record of Proceedings (cont)                                         AR20140011961



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