IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20160005257 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20160005257 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting the applicant's record to show he signed an Officer Accession Bonus addendum in accordance with the policies in effect at the time of his appointment and b. cancelling any recoupment action related to his Officer Accession Bonus and returning to him any monies that may have already been recouped. ___________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. IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20160005257 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 record to show he is eligible for the Officer Accession Bonus (OAB) or to be granted a waiver of debt incurred as a result of erroneous payment of the OAB. 2. The applicant states while attending Officer Candidate School he was offered the OAB. He completed the required paperwork and received the first installment soon after. The Soldier Incentive Assistance Center (SIAC) performed an audit and advised him that the required addendum was not on file. He has served the full term of the agreement and well beyond based upon the promise of the incentive. He requests that the now proposed debt and recoupment will cause undue hardship as well as being inequitable. 3. The applicant provides copies of – * United States District Court for the Central District of California case number CR 11-0648 * DD Form 139 (Pay Adjustment Authorization) * 21 May 2014 Soldier Incentive Assistance Center Bonus Audit Form * 31 July 2014 Exception to Policy Memorandum * California Army National Guard (CAARNG) appointment orders * CAARNG assignment orders * CAARNG discharge orders * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * ARNG Retirement Points History Statement CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the CAARNG in 2004, was commissioned a second lieutenant in the CAARNG Quartermasters Corps on 18 August 2007, and completed the Officer Basic Course in October 2008. 2. A review of the applicant's pay records shows he received two OAB payments. 3. In July 2011, Master Sergeant (MSG) J____ entered into a Federal court plea agreement with the U.S. Attorney's Office admitting that she had submitted over $15.2 million dollars in false and fraudulent claims for loan repayments, bonuses, and other incentives for California National Guardsmen. 4. Based on the above court case, the SIAC implemented a state-wide audit of all bonuses and incentives authorized by MSG J____ during her tenure as the State Incentive Manager. 5. In 2014, the SIAC audited the applicant's records and determined that there was no record of an OAB addendum or written agreement existing to support his eligibility for the bonus and recoupment of the OAB was warranted. 6. On 31 July 2014, the applicant was notified of the SIAC determination that a $10,000.00 debt was generated due to payments being made in violation of Federal law. He was advised that he could request an exception to policy. 7. The record indicates the applicant requested an exception to policy which was denied. 8. An advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau. The opinion outlined the circumstances surrounding the applicant's case and recommended approval. It stated the Guard Incentive Management System (GIMS) shows a request for an OAB was submitted and approved on 9 August 2007 by MSG J____, the CAARNG State Incentive Manager. It was noted that the applicant completed the standard contractual obligation of 6 years in the critical AOC of 92A and still continues to serve. He met all of the eligibility requirements for the OAB as outlined in the Army National Guard Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007 (Policy Number 07-01). The applicant met all of the requirements for OAB eligibility and served his time in good faith. The lack of an addendum was no fault of the Soldier and was due to incorrect processing by the State Incentive Manager. For this reason, it is recommended that his records be corrected to show that he signed an addendum for the OAB and that he is entitled to retain the full bonus with no recoupment. Both the NGB Incentives Branch and the CAARNG concurred with this recommendation. 9. A copy of the advisory opinion was forwarded to the applicant and he responded concurring with the opinion. REFERENCES: Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 1-8 states the ABCMR board members will: a. Review all applications that are properly before them to determine the existence of error or injustice; b. Direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record; and c. Deny applications when the alleged error or injustice is not adequately supported by the evidence and when a hearing is not deemed proper. DISCUSSION: 1. The applicant was eligible for and entered into an agreement with the CAARNG for receipt of an OAB. As noted in the advisory opinion, the applicant received two payments for this bonus and it was not until the court case was finalized that actions were commenced to review all CAARNG bonus and incentive cases. 2. The applicant entered into the OAB agreement in good faith but, through no fault of his, the proper documentation was not included in his official records. 3. As noted in the advisory opinion, the applicant was eligible to receive the OAB even though the proper paper work was not either completed or filed. The evidence indicates that recoupment of the OAB payments the applicant received is unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005257 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2