IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150006931 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 (ETP) for retention of an Officer Accession Bonus (OAB) incentive in the Illinois Army National Guard (ILARNG). 2. The applicant states the OAB request was not completed in accordance with regulations. There were unknown mistakes made in acquiring the contract and bonus control number (BCN) for the bonus. He was not afforded the opportunity to sign the contract for the bonus either before or after his commissioning. He was appointed in the military occupational specialty (MOS) of 290A (Electronic Warfare Technician) and this MOS is included in the eligible MOS Tier listing. The BCN was not requested within 90 days of the appointment date as well as 90 days after the appointment date which was of no fault of his own. He is fully aware of his obligations to incur this bonus. He is aware that the accession bonus will be paid-out upon successful completion of the Warrant Officer Basic Course (WOBC). Currently, no changes have been made in the accession policy or MOS Tier listing that would make him ineligible for the bonus. 3. The applicant provides copies of the following: * DA Form 1059 (Service School Academic Evaluation Report) * WOBC training certificate * Eligibility for Accession/Affiliation Bonus memorandum * Update to Selected Reserve Incentive Program (SRIP) Policy Fiscal Year 2013 (FY13), Officer Affiliation Bonus (OAFB), MOS Conversion Bonus (MOSCB), and the Reenlistment/Extension Bonus (REB) memorandum * Request for ETP for OAB memorandum * Request for Correction of Accession Bonus Denial in Accordance with Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) memorandum CONSIDERATION OF EVIDENCE: 1. The applicant was appointed in the ILARNG, as a WO1, on 21 September 2013, in MOS 290A, with prior enlisted service. His record is void of an OAB Addendum. He provided copies of the following: a. A DA Form 1059 and training certificate showing he completed the WOBC for MOS 290A on 12 February 2015. b. An Eligibility for Accession/Affiliation Bonus memorandum, dated 15 October 2012, in which the ILARNG WO Strength Manager stated: (1) The applicant was eligible for the accession bonus in accordance with the SRIP Policy dated 5 June 2012. The applicant was being appointed as a 290A and this MOS was included in the eligible MOS Tier listing. The BCN would be requested in the Guard Incentive Management System within 90 days of the appointment date provided no changes were made to the accession bonus guidance or MOS Tier listing. (2) The applicant was aware that he was currently eligible for an incentive for appointment into the ILARNG, but that a change in the accession policy or MOS Tier listing prior to his appointment date could make him ineligible. c. An Update to SRIP Policy Fiscal Year 2013 (FY13), OAFB, MOSCB, and the REB memorandum, dated 2 July 2013, in which the National Guard Bureau (NGB), Chief, Personnel Programs, Resources, and Manpower Division, stated effective 4 July 2013, the following updates were made to the ARNG SRIP Policy for FY13 as it pertained to the OAB. The Officer/WO OAFB was changed to read: the OAFB amounts defined below were based upon Tier Level at the time of OAFB CN requests only, regardless of whether the authorized amount and/or Tier Level changed after the date the OAFB was requested. The OAFB Amount for Tier Level 1-6 was $20,000. d. A Request for ETP for OAB memorandum, dated 2 May 2014, in which the NGB, Deputy G1, ARNG, advised the ILARNG of the denial of the applicant's retention of the OAB with termination without recoupment effective the contract start date as no payments had been processed. The NGB official stated the applicant's contract/bonus addendum could not be found and his BCN was requested after the date of appointment which both violated ARNG SRIP Policy Number 13-01. Although the applicant could have been eligible for the OAB incentive, an OAB agreement could not be found by either the ILARNG or by the ARNG. It was against Headquarters, Department of the Army, policy to approve an ETP request for an officer incentive without a physical addendum being able to be processed. e. A Request for Correction of Accession Bonus Denial in Accordance with Army Regulation 15-185 (ABCMR) memorandum, dated 3 April 2015, in which the applicant's company commander stated the BCN had not been requested by the WO Recruiter within 90 days before the applicant graduated from the WO Career College due to the WO Recruiter being deployed to Kuwait. The WO Recruiter was then replaced by another recruiter who retired 6 months after filling the slot. The applicant had completed all WO and MOS training to quality for the accession bonus. That included the WO Career College and the WOBC. Those two primary courses were the feeders to quality for the accession bonus. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) states applicants for programs administered by this regulation are required to sign documents which specify the eligibility criteria and the term of service for the desired incentive. The document will contain an acknowledgement that the applicant has been advised of and understands the benefits of the program and the conditions which can cause suspension or termination and recoupment is applicable. These documents will be authenticated by a proper witnessing official and will include the preparation date. All required addenda will be completed at the time of enlistment/reenlistment or extension. An addendum cannot be completed after the fact in order to gain eligibility for an incentive or the SLRP. DISCUSSION AND CONCLUSIONS: 1. An OAB agreement addendum can neither be found by the ILARNG nor NGB for an incentive associated with the applicant's appointment on 21 September 2013. Notwithstanding his completion of the required MOS training for an OAB, an accession bonus is payable to a person pursuant to a signed agreement being accepted by the Secretary concerned. 2. Per ARNG SRIP Policy Number 13-01 the NGB denied his request for an ETP because he did not meet eligibility criteria for the incentive under the SRIP guidance and terminated the incentive without recoupment effective the contract start date as no payments had been processed. 3. It is unfortunate that he thinks he was erroneously denied the OAB; however, the fact remains he did not enter into an agreement for an OAB incentive. There is no evidence of record and he has not shown he met all the requirements and/or that he was erroneously or unjustly denied the OAB incentive. Without evidence to the contrary, the action taken by NGB to invalidate the incentive appears to be proper. 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) AR20150006931 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006931 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1