BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140018132 


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 entitlement to a $10,000.00 Officer Accession Bonus (OAB); in effect, that his records should be corrected to show entitlement to the second installment (i.e., $5,000.000) of his OAB.

2.  The applicant states he completed an OAB Addendum to serve in a critical skill in accordance with (IAW) the Selective Reserve Incentive Program (SRIP) guidance.  However, the signature of the service representative is missing from the OAB Addendum.  The National Guard Bureau (NBG) determined that the SRIP agreement and area of concentration (AOC) could not be validated and denied his request for an exception to policy (ETP).  He states that the provisions outlined in the OAB Addendum for suspension and termination of the bonus do not support the NGB decision in his case.

3.  The applicant provides copies of his:

* OAB Addendum
* Current SRIP Incentives
* NGB ETP memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the Army National Guard (ARNG) from 19 September 2003 through 24 September 2008 and then as warrant officer (WO) cadet from 25 September 2008 through 5 October 2009.
2.  He was honorably released from active duty for training (ADT) and discharged from the Reserve of the Army on 5 October 2009 to accept appointment as a WO.

3.  A Written Agreement, Officer/Warrant Officer Accession Bonus Addendum, shows the applicant agreed to serve in the Selected Reserve in AOC 154C 
(CH-47D Pilot), which is a critical officer skill designated for bonus entitlement by the Secretary of Defense or his delegate.  The addendum specifies the terms of the OAB agreement including eligibility criteria, service obligation, payment, suspension, termination, and recoupment.

	a.  The header information of the addendum shows the applicant's name and social security number; however, the line entry for "BCN" (Bonus Control Number) is blank (i.e., no entry) on the first page.

	b.  It shows he was being processed into an ARNG-approved critical AOC (154C) and that he would receive a bonus of $10,000.00 paid in two installments.  The first 50% installment would be processed upon completion of the Officer Basic Course and qualification in his critical skill.  The second and final payment of 50% would be processed on the third year anniversary of the agreement.

	c.  The Authentication section shows:

* signature of service representative and date:  is blank (i.e., no entry)
* signature of service member and date:  the applicant's signature and "06 Oct 09"
* typed name and grade of witnessing officer:  "1LT C____ L____"
* signature and date:  the witnessing officer's signature and "6 Oct 09"
* Bonus Control Number (Mandatory Requirement):  is blank (i.e., no entry)

4.  On 6 October 2011, the applicant was administered the oaths of office for appointment as a Reserve WO in the Florida ARNG (FLARNG) and ARNG of the United States in the rank of warrant officer one (WO1).  Accordingly, State of Florida and NGB orders announced the applicant's appointment effective 
6 October 2009.

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered ADT on 6 October 2009, was honorably released from ADT on 27 January 2011, and transferred to a FLARNG unit.  It also shows he completed the Initial Entry Rotary Wing Aviator (CH-47D) course.
 
6.  State of Florida and NGB orders announced the change in the applicant's AOC from 001A to 154C, effective 27 January 2011.

7.  The applicant was promoted to chief warrant officer two, effective 21 October 2011.

8.  In support of his application the applicant provides the following documents.

   a.  A copy of his Written Agreement, Officer/Warrant Officer Accession Bonus Addendum that was described previously in this Record of Proceedings.  The copy he provides shows (on pages 1 and 5) an original pen and ink entry for the BCN of "011020007FL."
   
   b.  A Current SRIP Incentives printout (presumably pertaining to the applicant) that shows an OAB of $10,000.00 for AOC 154C with a contract start date of 6 October 2009 and a BCN of "011020007FL."

   c.  NGB, Arlington, VA, memorandum, dated 12 December 2013, subject:  Request for ETP for OAB, that shows the Deputy G1, ARNG, denied the applicant's request for ETP to retain the $10,000.00 OAB and instructed the State Incentive Manager (IM) to terminate the OAB without recoupment.  The basis for the denial was the critical skill option IAW the SRIP agreement and the AOC could not be validated as an authorized critical skill, and the OAB Addendum is missing a signature and date from the service representative, which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010).

9.  Department of Defense, Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 56 (Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses):

	a.  paragraph 560102 (OAB), provides the conditions of entitlement and shows the Secretary concerned may pay an affiliation bonus to an eligible officer who enters into an agreement with the Secretary to serve for a specified period in the Selected Reserve of the Ready Reserve.  The officer must enter into an agreement: 

		(1)  to serve in a critical officer skill designated by the Secretary concerned;

		(2)  to meet a manpower shortage in a:

			(a)  unit of that Selected Reserve; and
			(b)  particular pay grade in that Military Department.

	b.  The Secretary concerned will designate for an Armed Force under their jurisdiction the critical officer skills to which the bonus authority under this subsection is to be applied.  A skill may be designated as a critical officer skill for an Armed Force if it is critical for that Armed Force to have a sufficient number of officers who are qualified in that skill. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show entitlement to the second installment (i.e., $5,000.000) of his OAB.

2.  Records show the applicant was commissioned as a Reserve WO in the rank of WO1 on 6 October 2009.  He completed the Initial Entry Rotary Wing Aviator (CH-47D) course and was awarded AOC 154C on 27 January 2011.

3.  The evidence of record shows the applicant completed an OAB Addendum and that it was witnessed by a commissioned officer on 6 October 2009. However, the OAB Addendum does not contain a BCN or the signature of a service representative.  More importantly, the Authentication section that the applicant signed shows, in pertinent part, "Bonus Control Number (Mandatory Requirement);" however, it is blank (i.e., no entry).  It is acknowledged that the applicant provides a copy (emphasis added) of the OAB Addendum and that it shows an original pen and ink entry for the "BCN" of "011020007FL."  However, the copy on file in his military personnel record does not contain such an entry.

4.  On 12 December 2013, the applicant's request for ETP for the OAB was denied by the Deputy G1, ARNG, due to the fact that the critical skill AOC option could not be validated as an authorized critical skill and the OAB Addendum is missing a signature and date from the service representative.

   a.  The Deputy G1 instructed the State IM to terminate the OAB without recoupment.

   b.  Thus, it is reasonable to conclude the applicant was paid the initial installment (50%) of the OAB upon qualification and award of AOC 154C on 
27 January 2011.

5.  Based on the applicant's years of service and military experience, it is reasonable to conclude that he should have recognized that the signature of the service representative (which was to appear above his in the Authentication section of the addendum) was required in order for the written agreement to be contractually valid.  Moreover, he should have also realized that a BCN was necessary to validate the OAB he was to receive since the form shows that a BCN entry was a mandatory requirement (emphasis added).  In fact, he now provides to this Board a copy of the OAB Addendum with the BCN added (apparently after the fact).

6.  Thus, the available evidence of record fails to support the applicant's claim for an OAB based on a critical skill AOC at the time he was appointed as a WO (emphasis added).

7.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's request.

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)                                         AR20140018132



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ABCMR Record of Proceedings (cont)                                         AR20140018132



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