IN THE CASE OF:  	  

		BOARD DATE:  4 June 2015	  

		DOCKET NUMBER:  AR20140013381 


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 installment of her Officer Accession Bonus (OAB).

2.  The applicant states:

	a.  She signed her OAB Addendum on 3 October 2009, with the Ordnance Branch as her designated area of concentration (AOC).  She was first assigned to the 262nd Maintenance Company of the Delaware Army National Guard (DEARNG).

	b.  She transferred to an area transportation company on 1 February 2010, in preparation for deployment.  She received her Transportation Branch AOC in December 2010.  She deployed with the 1049th Transportation Company in support of Operation Enduring Freedom in July 2011, and she returned in July 2012. 

	c.  She was transferred to the 101st Public Affairs Detachment on 1 August 2012, to serve as the commander.  Although command was not a mandatory requirement for promotion, it was a key developmental assignment that allowed her to be competitive with her peers.  As stated in her amended orders, the position as commander was a command directed position stemming from the State of Delaware mid-level boards.  The assignment counted as "command time."  She was never duty-qualified, however, so she was assigned as the commander of the Regional Training Institute (RTI) effective 1 August 2013.  The reassignment allowed her to finish her command time and allowed a qualified candidate to take over as commander of the public affairs unit. 
	
	d.  She accepted a full-time military technician job on 16 June 2013, which was over 3 and a half years from the date she signed her OAB Addendum.  At the time of the contract signature, the National Guard Bureau (NGB) policy, dated 17 April 2009, indicated that upon acceptance of a permanent military technician position on or after 9 October 2008, any unpaid portion of a bonus would be paid out in a final payment (accelerated completion).

	e.  Education and Incentives Operation Message (EOIM) 10-11, dated 
25 February 2010, was updated to state that acceptance of a permanent military technician position would terminate the contract without recoupment.  Her bonus payment scheduled was a first payment of 50 percent upon completion of Basic Officer Leader Course (BOLC) and 50 percent on the third-year anniversary.  Therefore, her entitlement date for the second payment was prior to accepting the full-time military technician position.

	f.  Under NGB policy dated 17 April 2009 or 25 February 2010, she is authorized the full bonus amount and her contract should be marked as completed.

3.  The applicant provides:

* Written Agreement-OAB Addendum
* Request for Exception to Policy to retain OAB memoranda (self and state)
* NGB denial to retain OAB memorandum 
* U.S. Office of Personnel Management (OPM) Standard Form (SF) 50-B (Notification of Personnel Action)
* NGB Memorandum, subject:  Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007,2008, and 2009 (updated 15 March 2010)
* extract of EOIM 10-11, dated 25 February 2010
* DEARNG Orders Number 020-502, dated 20 January 2010
* NGB Special Orders Number 79 AR, dated 26 April 2010
* NGB Special Orders Number 67 AR, dated 24 March 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 26 August-17 December 2010
* DD Form 214 for the period 25 May 2011-9 July 2012
* DEARNG Orders Number 116-510, dated 26 April 2011
* Headquarters, Fort Bliss, TX, Orders Number BL-189-0107, dated 8 July 2011
* DEARNG memorandum addressed to the applicant, dated 9 August 2012, subject:  Designation of Branch, Areas of Concentration, and Additional Skill Identifiers
* DEARNG Orders Number 218-500, dated 5 August 2012

CONSIDERATION OF EVIDENCE:

1.  After serving as an enlisted Soldier in the DEARNG, the applicant was appointed as a second lieutenant in the DEARNG on 3 October 2009. 

2.  The Written Agreement - OAB Addendum she signed on 3 October 2009 provided the following requirements in connection with her appointment as an officer and agreement to serve with the ARNG of the United States under the SRIP in return for payment of a $10,000 OAB:

	a.  agreement to serve in the Selected Reserve in AOC Ordnance (OD) Branch which is a critical officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate;

	b.  agreement not to accept an appointment as an officer serving in the Selected Reserve for the purpose of qualifying for a military technician position where membership in a Reserve component is a condition of employment (a one time temporary assignment as a military technician is excluded) or an Active Guard and Reserve position;

	c.  agreement to accomplish the necessary training prescribed by the Secretary of the Army (completion of BOLC III) to achieve the designated skill within 36 months of appointment;

	d.  agreement to serve in the Selected Reserve for 6 years in the critical AOC, the full period of the agreement; and

	e.  accession into the NGB approved critical skill of (no entry was recorded) and receive a $10,000.00 critical skill bonus to be paid in two installments,        50 percent to be paid upon completion of BOLC and qualification in the critical skill and the second 50 percent was to be paid on the third year anniversary.

3.  The Written Agreement-OAB Addendum also shows she acknowledged she understood she could be terminated from bonus eligibility, with recoupment, if: 

* she voluntarily transferred out of the critical skill for which the bonus was approved
* failure to maintain assignment in a valid vacant position within authorized over-strength 

4.  The applicant, a service representative, and a witness authenticated this form with their signatures/dates.  The addendum also contains a Bonus Control Number.

5.  DEARNG Orders Number 020-502, dated 20 January 2010, directed the applicant's transfer from Platoon Leader, Detachment 1, 262nd Maintenance Company to Platoon Leader (excess), 1049th Transportation Company, effective 1 February 2010.  These orders show:

* The purpose of the transfer as "Not applicable"
* Position number excess code as "excess to authorized strength of unit (9993)"
* Duty position qualified "not qualified"

6.  She completed the Transportation Branch BOLC on 17 December 2010.

7.  DEARNG memorandum addressed to the applicant, dated 23 March 2011, subject:  Designation of Branch, Areas of Concentration, and Additional Skill Identifiers, designated the Transportation Branch as the applicant's branch and AOC.

8.  She was promoted to first lieutenant on 3 April 2011.

9.  DEARNG Orders Number 116-510, dated 26 April 2011, directed her branch transfer to the Transportation Corps, effective 26 April 2011.

10.  Headquarters, Fort Bliss, TX, Orders Number BL-189-0107, dated 8 July 2011, directed her deployment in a temporary change of station status in support of Operation Enduring Freedom.  Her DD Form 214 for the period 25 May 2011-
9 July 2012, shows she served in Afghanistan from 12 July 2011 to 21 May 2012.

11.  DEARNG Orders Number 218-500, dated 5 August 2012, directed her transfer from Platoon Leader, 1049th Transportation Company to Commander, 101st Public Affairs Detachment effective 1 August 2012.  These orders show the purpose of the transfer as "Not applicable."  These orders were subsequently amended to read:  "Purpose:  Organizational Command Directed Transfer."

12.  An SF 50-B, dated 16 June 2013, shows she accepted a full-time military technician position of Supply Management Specialist at the Joint Force Headquarters, DEARNG.
13.  DEARNG Orders Number 213-509, dated 1 August 2013, released her from assignment to the 101st Public Affairs Detachment and transferred her to Headquarters, 193rd Regiment (RTI), effective 1 August 2013.

14.  On 20 September 2013, the applicant submitted an exception to policy request to the NGB regarding the second installment of her OAB.  She stated:

	a.  The first half of the OAB was delayed in payment due to a switch in AOCs which was necessitated by an overseas deployment and thereby a branch transfer from Ordnance Corps to Transportation Corps.

	b.  In order to receive the second half of the OAB, she is requesting an exception to policy to show she served in the designated AOC.  On 1 August 2012, she received a command billet in a public affairs detachment and she is currently serving in a command billet in an RTI.  The command billets are necessary for career progression and may not always coincide with designated AOCs.

15.  On 25 September 2013, the DEARNG, Deputy Chief of Staff Personnel, provided a memorandum to the NGB in support of the applicant's request for exception to policy regarding her OAB.  The memorandum states:

	a.  The reason the applicant is not serving in the contracted AOC is because she deployed overseas.

	b.  Upon completion of the deployment, she received a command billet in a public affairs detachment.

	c.  She has served in good standing and should receive her bonus payment. 

16.  The applicant was promoted to captain effective 17 December 2013.

17.  On 18 June 2014, the NGB denied her request and instructed the State Incentive Manager to terminate the incentive without recoupment.  The NGB denial memorandum states:

	a.  She became Active Guard/Reserve or Military Technician after serving at least 1 day of the contract term which violates Department of Defense Instruction 1205.21 and ARNG SRIP 07-06 updated 1 March 2009.

	b.  She did not complete AOC training for which she contracted which violates ARNG SRIP 07-06 updated 1 March 2009.

	c.  Her contract/bonus addendum does not annotate the critical AOC or is illegible which violates ARNG SRIP 07-06 updated 1 March 2009.

	d.  She accessed into an unauthorized position at the start of the contractual agreement which violates ARNG SRIP 07-06 updated 1 March 2009.

	e.  She is not serving in the AOC for which contracted which violates ARNG SRIP 07-06 updated 1 March 2009.

	f.  She initially contracted as a 91A (Ordnance Corps) and she was accessed into an excess position.  She also never branch qualified in the contracted AOC.  She was moved into a transportation company as 88D (Transportation Corps), also an excess position.  Being accessed into an excess position made her initially ineligible for the incentive.

18.  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).

   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, 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 Selected Reserve 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 essentially contends that she should be granted the second installment of her OAB because she accepted the military technician position over 3 years after she was commissioned and executed the Written Agreement/OAB Addendum.

2.  The evidence shows she signed an OAB Addendum, wherein she agreed to serve 6 years in the ARNG, OD Branch, in exchange for a $10,000 OAB to be paid in two installments.  The first payment became due after she completed BOLC (in the designated AOC) and the second payment became due on her third-year anniversary.  It appears she received the first installment (although she did not complete the required training in the contracted AOC); however, she was denied the second installment due to multiple violations of the written agreement.

3.  The Written Agreement/OAB Addendum shows she agreed to and/or acknowledged that:

* serve in the Selected Reserve for 6 years in the critical AOC (OD), the full period of the agreement
* she was not accepting an appointment as an officer serving in the Selected Reserve for the purpose of qualifying for a military technician position where membership in a Reserve component was a condition of employment 
* accomplish the necessary training prescribed by the Secretary of the Army (completion of BOLC) to achieve the designated skill within 36 months of appointment

4.  For reasons that are not adequately explained, she only served in the contracted AOC for about 4 months, she failed to accomplish the necessary training in the AOC she contracted for, and she was accessed into unauthorized positions.

5.  Based on the multiple violations of the Written Agreement/OAB Addendum, it appears that the actions taken by the NGB in terminating the incentive, without recoupment, were proper.
6.  Based on the foregoing, there appears to be is no error or injustice in this case.  Therefore, there is no basis to grant 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)                                         AR20140013381



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ABCMR Record of Proceedings (cont)                                         AR20140013381



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