IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20150004342 


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, payment of the Officer Accession Bonus (OAB) she contracted for in the Delaware Army National Guard (DEARNG). 

2.  The applicant states:

	a.  She signed a contract in the DEARNG on 29 May 2010 and agreed to serve in area of concentration (AOC) 15A (Aviation).  She graduated from the officer basic course on 6 December 2011 and she was awarded AOC 15A.  Her command directed her reassignment from the AOC 15A position in Company A, 238th Aviation Regiment, to an AOC 67J position in Company F, 126th General Support Aviation Battalion (GSAB) as a result of the DE Training Year 12 Mid-Level boards (due to the needs of the organization).  She never became 67J qualified and always remained a 15A.

	b.  From September 2013 to November 2013, she was placed in an excess position with Company A, 238th Aviation Regiment until the unit manning roster was finalized for deployment so she could train with the unit during their pre-deployment training.  On 22 November 2013, she returned to the 15A position for the finalized unit manning roster in order to deploy from 29 November 2013 to 3 October 2014.  During deployment, she was placed in the primary position of 15A as noted on her assignment orders.  After deployment, she was assigned as a 67J in the 126th Aviation Battalion.  This again occurred as a decision made by DEARNG's senior management process that is the results of the Mid-level boards.

	c.  She believes she has lived up to the agreement in the contract.  The National Guard Bureau (NGB) states this agreement is not valid because 15A was not on a critical skill list at the time of her signature.  She contends this is a valid contract between the ARNG and herself.  It is certified by the signatures on the documents.  She has fulfilled her part of the agreement and the ARNG should do the same.  

3.  The applicant provides:

* Written Agreement - OAB Addendum
* Special Orders (SO) Number 273 AR (appointment)
* Orders 005-503 (transfer)
* Orders 248-508 (transfer)
* DA Form 1059 (Service School Academic Evaluation Report)
* Memorandum of Branch Designation (15A)
* Orders 081-512 (release from unit)
* Orders 326-502 (reassignment)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 330-512 (transfer)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the DEARNG and executed an oath of office on 29 May 2010.  On appointment, she was assigned to Company A, 3rd Battalion, 238th Aviation.

2.  In connection with this appointment, she signed a Written Agreement-OAB Addendum, wherein she indicated; 

* she agreed to serve in the Selected Reserve in AOC 15A which is a critical officer skill that is designated for bonus entitlement by the Secretary of Defense or his delegate
* she agreed to accomplish the necessary training to achieve this designation within 36 months of appointment
* she is being accessed into the NGB approved critical skill of 15A and shall receive $10,000 paid in two installments 
* the first 50 percent would be processed upon completion of the Basic Officer Leader Course (BOLC) and qualification in the critical skill
* the second installments would be paid on the third year anniversary
* the bonus may be terminated with recoupment if she voluntarily transferred out of the critical skill or voluntarily transferred to a non-deploying table of distribution or allowances (TDA) unit or any TDA unit not specifically authorized a bonus 

3.  She, a service representative, and a witnessing officer authenticated this agreement with their signatures.  The agreement was assigned Bonus Control Number 0100xxxxDENGB.

4.  She entered active duty on 5 September 2010 and successfully completed the Aviation BOLC from 5 September 2010 to 3 November 2011.  She was honorably released from active duty on 3 November 2011. 

5.  While in training, on 5 January 2011, the DEARNG published Orders 005-503 transferring her from Assistant S3, Company B, 3rd Battalion, 238th Aviation (Rear) to Platoon Leader, Company A, 3rd Battalion, 238th Aviation, effective 4 January 2011, in AOC 15A.  

6.  On 6 December 2011, the DEARNG awarded her AOC 15A and designated her branch as "Aviation, General."

7.  She was promoted to first lieutenant on 29 November 2011. 

8.  On 21 March 2012, the DEARNG published Orders 081-512 transferring her from Platoon Leader, Company A, 3rd Battalion, 238th Aviation, to Section Leader, Company F, 1st Battalion 126th GSAB, effective 1 May 2012, in an AOC 67J position.

9.  During 2012, she and her chain of command submitted an exception to policy request for payment of the OAB.  She contended she was offered the bonus at the time of appointment, had completed all the requirements, served in good faith, and although it appears the critical skill 15A was not listed under the DEARNG critical skills, she was told in good faith that she was eligible for this incentive.  

10.  On 5 September 2013, the DEARNG published Orders 248-508 transferring her from Section Leader, Company F, 1st Battalion, 126th Aviation to Platoon Leader, Company A, 3rd Battalion, 238th Aviation, effective 1 September 2013, in AOC 15A. 

11.  On 22 November 2013, the DEARNG published Orders 326-502 assigning her to the position of Aviation Maintenance Officer, Company A, 3rd Battalion, 238th Aviation Regiment, effective 22 November 2013.  

12.  She entered active duty on 29 November 2013 and subsequently served in Kuwait, in AOC 15A, from 19 January 2014 to 22 August 2014.  She was assigned to Company A, 1st Battalion, 238th Aviation.  She was honorably released from active duty on 3 October 2014.

13.  On 26 November 2014, the DEARNG published Orders 330-512 transferring her from Aviation Maintenance Officer, Company A, 3rd Battalion, 238th Aviation Regiment to Aeromedical Evacuation Officer, Company F, 1st Battalion, 126th Aviation, in AOC 67J.  

14.  On 9 January 2015, the NGB denied her exception to policy request.  An NGB official stated the exception to policy to retain the $10,000 incentive is denied and the State Incentive Manager will terminate the incentive without recoupment.  He stated in accordance with ARNG Selected Reserve Incentive Program Guidance (SRIP) with updates for Fiscal Year 2007 (Policy Number 07-06 with updates) effective 1 March 2009, her exception to policy is denied.  

	a.  The applicant contracted for the critical skill option in accordance with the SRIP agreement and the AOC could not be validated as an authorized critical skill.  This violates the ARNG SRIP 07-06, updated 1 March 2009.  

	b.  The applicant is not serving in the AOC for which she contracted which also violates the ARNG SRIP.   

	c.  The applicant signed an addendum for a critical AOC incentive.  AOC 15A was not critical at the time of her appointment.  Therefore, she was ineligible for the incentive.  She is also currently not serving in the contracted AOC.  The State Incentive Manager would terminate the incentive effective the start of the contract without recoupment since no money was paid.  

15.  NGB Policy Number 07-06, in the form of a memorandum, subject:  SRIP Guidance for Fiscal Year (FY) 2007, 10 August 2007 to 31 March 2008, dated
10 August 2007 with updates, provides for Officer Accession/Affiliation Bonus Options.  It states that: 

	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) or warrant OBC (WOBC) as applicable.  

	b.  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 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 ($5,000.00) 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.

16.  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, Tables of Distribution and Allowances, MTOE, and Modification Table of Distribution and Allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the DEARNG as an aviation officer on 29 May 2010.  Her records contain a Written Agreement that was signed by herself, a service representative, and a witnessing officer, and was also assigned a Bonus Control Number.  Unfortunately, this was not a valid contract.  

2.  Although she commissioned in good faith, executed said contract, completed required training, and was awarded the AOC 15A, the AOC she contracted for was not a critical AOC at the time of her appointment.  Therefore, she was ineligible for the incentive.  

3.  Regrettably, she is ineligible for the requested bonus.  

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)                                         AR20150004342





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ABCMR Record of Proceedings (cont)                                         AR20150004342



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