IN THE CASE OF: 

		BOARD DATE:	    14 August 2014

		DOCKET NUMBER:  AR20140012604 


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 an exception to policy to retain the $10,000 Officer Accession Bonus (OAB) in the Ohio Army National Guard (OHARNG). 

2.  The applicant states an injustice occurred during the second review of her request for an exception to policy (ETP) to retain the OAB.  

	a.  She was commissioned in the ARNG on 15 December 2008.  She completed schooling under a Reserve Officers’ Training Corps (ROTC) scholarship contract on 20 December 2008.  She signed an OAB after graduating school and receiving her Bachelor's degree, but prior to her commissioning in December.  

	b.  According to her OAB Addendum, she was not receiving financial assistance under Title 10, chapters 2107 and 2107a of the U.S. Code (USC), as she had already graduated. However, she was told by the National Guard Bureau (NGB) that this was referencing her service obligation for her ROTC contract, not her time spent obtaining her undergraduate degree.  

	c.  Because of the ambiguity written in the OAB addendum, she is requesting to retain her OAB incentive money and not have the incentive monies already paid be recouped, as this would cause an unnecessary hardship and would be against equity and good conscience and would be contrary to the best interests of the Nation, U.S. Army, and ARNG.


3.  The applicant provides:

* Written Agreement
* NGB denial of Exception to Policy and applicant's response
* DA Form 71 (Oaths of Office - Military Personnel)
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Pennsylvania Army National Guard on 26 May 2004.  She was trained in and held military occupational specialty 92A (Automated Logistical Specialist).  

2.  On 27 April 2007, she executed a Senior ROTC contract (DA Form 597-3).  She acknowledged the ARNG would pay for 2 years worth of education in exchange for her appointment as a Reserve commissioned officer upon completion of her education.  She attended Youngstown State University and Kent State University, OH from around January 2007 to around December 2008. 

3.  She was honorably discharged from the ARNG on 14 December 2008 for the purpose of accepting appointment as a commissioned officer. 

4.  She was appointed as a Reserve commissioned officer of the OHARNG and executed an oath of office on 15 December 2008.  She was assigned to the 237th Brigade Support Battalion, 37th Brigade Combat Team. 

5.  She provides and her records contain a copy of a Written Agreement - OAB Addendum, dated 15 December 2008.  This form shows she agreed to serve in the Selected Reserve (SELRES) of the ARNG in the critical skill in which she was accessed (no critical skill is listed).  She agreed to:

* serve for 6 years in the SELRES
* receive a $10,000 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 she voluntarily transferred out of the critical skill for which the bonus was approved

6.  The applicant, a witnessing officer, and a service representative authenticated this form with their signatures and dates.  The addendum contains the Bonus Control Number 00903XXXXOH. 

7.  On 22 February 2010, she entered active duty and completed the Financial Management BOLC Course, from 22 February to 15 May 2010.  She was honorably released from active duty on 27 January 2011.

8.  She entered active duty on 14 February 2011 and subsequently served in Qatar and Iraq from 14 March 2011 to 2 February 2012.  She was promoted to captain in the OHARNG on 30 January 2013. 

9.  On 9 July 2014, the NGB denied her ETP to retain the $10,000 OAB incentive and instructed the State Incentive Manager to terminate the incentive with recoupment effective the contract date.  The NGB official:

   a.  Referenced Policy Number 07-06, updated 10 August 2007, 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 signed an agreement for the OAB while in the Simultaneous Membership Program (SMP) scholarship which is not authorized in accordance with ARNG SRIP Policy 07-06.  Additionally, her Bonus Addendum contained pen and ink corrections, which was not authorized.  Finally, her Bonus Control Number was requested after the date of accession.  

	b.  She was accessed into Unit Identification Code (UIC) WY67AA on 2 January 2009.  She contracted for $10,000 in area of concentration (AOC) 51C (Financial Management).  She was serving on an obligation for ROTC cadet scholarship contract at the time she signed her OAB incentive.  This is a violation of Title 37, USC, sections 2107 and 2107a which prohibit a member from contracting for an incentive while under obligation for an ROTC contract.  Therefore, approval of the applicant's request would be a violation of the law.  

10.  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 Officer Accession/Affiliation Bonus to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a critical 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 Warrant OBC (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.

11.  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 TOE, MTOE, Tables of Distribution and Allowances (TDA), and Modified TDA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the OHARNG on 14 December 2008.  She 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 was serving on an obligation for an ROTC cadet Scholarship contract at the time she signed her OAB incentive.  

2.  Although her written agreement does not specify a termination of bonus if she had signed it while serving her service obligations for another program, she was ineligible for the incentive at the time she signed the agreement.  She did not need an incentive to enter the SELRES because she was committed to serving in the SELRES by reason of her ROTC contract.  She was offered this incentive in error.  Her incentive was terminated.  Regrettably, she 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)                                         AR20140012604



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ABCMR Record of Proceedings (cont)                                         AR20140012604



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