BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140019138
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, approval of an exception to policy (ETP) and payment of an Officer Accession Bonus (OAB) in the amount of $10,000.00.
2. The applicant states:
a. The National Guard Bureau (NGB) denied his request for an ETP to retain an OAB in the amount of $10,000.00.
b. He was unable to complete area of concentration (AOC) training within the required 36-month period. The date of the OAB agreement was 25 July 2009 and the duty military occupational specialty qualified date was 30 November 2012.
c. Upon completion of Officer Candidate School in July 2009, he encountered personal hardship in the form of civilian employment. He delayed his Basic Officer Leadership Course (BOLC) attendance in order to acquire civilian employment. This personal hardship delayed him for approximately a year and a half.
d. Upon obtaining civilian employment, he attempted to schedule his BOLC, but was forced onto a waiting list to attend school. The lack of school seats forced him to wait until August 2012 to begin BOLC with completion in November 2012, thus preventing his BOLC completion within the required 36-month time frame.
3. The applicant provides:
* memorandum from Hawaii Army National Guard (HIARNG) requesting an ETP, dated 18 June 2012
* ETP denial letter, dated 11 April 2013
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the HIARNG, the applicant was appointed as a second lieutenant in the HIARNG on 25 July 2009.
2. In connection with his appointment on 25 July 2009, he signed a Written Agreement OAB Addendum in which he agreed:
* to serve in the ARNG under the Selected Reserve Incentive Program (SRIP)
* to serve in the Selected Reserve in AOC 42B (Human Resources Officer (entry-level Adjutant General Corps Officer))
* 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
3. The addendum also shows he would receive a bonus of $10,000.00 paid in two installments. The first installment would be paid upon completion of BOLC and the second installment would be paid on the third anniversary of his appointment.
4. On 18 June 2012, the HIARNG submitted a request for an ETP of BOLC completion for the applicant. The memorandum stated:
* the applicant was appointed on 25 July 2009 and is not due to complete BOLC within the required time frame
* after attempting to schedule BOLC in September 2011, he was pushed back to his current scheduled school date of 10 September 2012
* due to civilian work, school availability, and Army-wide mobilization priorities, he was unable to acquire an earlier attendance date
* he is currently enrolled in a "Reserved" status for BOLC, reporting on 9 September 2012
* Army Training Requirements and Resource System printout enclosed (this printout was not provided)
5. There is no evidence of record showing the applicant was denied BOLC attendance in September 2011 or that he was wait-listed for the course.
6. He completed the Adjutant General BOLC on 27 November 2012.
7. In April 2013, NGB disapproved the request for an ETP because the applicant did not complete AOC training within 36 months which violates ARNG SRIP Policy 07-06. NGB directed the State Incentive Manager to terminate the incentive without recoupment.
8. He was promoted to captain on 7 July 2015.
9. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to: (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated for a period specified in the agreement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence shows he signed a Written Agreement OAB Addendum for an OAB in which he agreed to complete BOLC within 36 months of his appointment on 25 July 2009.
2. He indicated he voluntarily delayed BOLC attendance to seek civilian employment following his completion of Officer Candidate School in July 2009. He completed BOLC in November 2012.
3. The HIARNG request for an ETP to retain the applicant's OAB based on his delayed reservation for BOLC, dated 18 June 2012, which stated he would not complete BOLC within the required time frame due to civilian work, school availability, and Army-wide mobilization priorities was also carefully considered. However, there is no evidence of record showing the applicant was denied BOLC attendance in September 2011 or that he was wait-listed for the course.
4. If the applicant's attempt to schedule BOLC attendance in September 2011 (more than 2 years after his appointment as a Reserve commissioned officer) was denied, he should have immediately requested an ETP to retain the OAB based on his delayed reservation for BOLC, not 1 month before his 36-month requirement expired. The applicant failed to exercise due diligence in this matter.
5. The available evidence is insufficient on which to base approval of an ETP and payment of an OAB in the amount of $10,000.00.
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 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.
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