IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160014850 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: 24 October 2017 DOCKET NUMBER: AR20160014850 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends State Army National Guard records and Department of the Army records of the individual concerned be corrected by: a. showing the applicant properly and timely signed an Officer Accession Bonus Addendum agreeing to the terms required to receive a $20,000 Officer Accession Bonus in accordance with the governing regulations/policies in effect at the time of his accession and showing the addendum was subsequently processed in a timely manner by the appropriate officials; and b. paying the applicant the first half of the OAB provided he has reported to his unit of assignment. ______________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: 24 October 2017 DOCKET NUMBER: AR20160014850 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 military records by showing he was authorized and granted an Officer Accession Bonus (OAB) in 2016. 2. The applicant states he did not receive the $20,000 OAB he was guaranteed upon joining the Warrant Officer Corps. Beginning in March 2016, during the processing of his warrant officer package, communicating with the Utah Army National Guard (UTARNG) Warrant Officer Strength Manager (WOSM) became increasingly difficult. The Warrant Officer Recruiter would periodically communicate what paperwork needed to be filed. After mentioning to the WOSM at the UTARNG that he had just reenlisted for 6 years and would have to forfeit his $12,000 enlistment bonus to become a warrant officer, the WOSM mentioned the ARNG was offering a $20,000 OAB in 2016. Things became difficult and phone calls were never answered and text messages were ignored. 3. The WOSM was never in the office. While he was attending Warrant Officer Candidate School (WOCS) at Fort Rucker, Alabama, no one ever mentioned anything about the bonus or that there was a deadline for applying. When he left Fort Rucker and returned to the UTARNG, he managed to locate the WOSM and discuss the bonus situation. The WOSM was in awe that the paperwork had not been signed. He told the WOSM that no paperwork was provided; therefore, no paperwork was signed. The WOSM told him the paperwork needed to be signed prior to being commissioned. The WOSM promptly admitted and accepted fault and said she would do what she could to get the bonus redeemed. However, the process would take time. For the next 2 months he attempted to contact the WOSM multiple times via text messages for updates, which were ignored. After involving his chain of command, all the way to the battalion commander, he received a response in May 2016 from the WOSM. At the time he was attending the Warrant Officer Basic Course (WOBC) at Fort Huachuca, Arizona. She responded via text stating she was trying to redeem the bonus and he should stand by until it was figured out. 4. Unbeknownst to him at the time, he was still qualified for a lesser bonus according to the National Guard website, which stated qualified new officers and warrant officers may receive up to $10,000. The OAB incentive is a lump-sum payment processed upon completion of the WOBC. The WOSM never mentioned this to him. The WOSM was under the impression that the $20,000 bonus was only available before commissioning and not after completion of the WOBC. He did all he could to communicate with the WOSM during this process; but she did not return any communication until after he had involved his chain of command; who in turn, involved her chain of command. The WOSM was a chief warrant three (CW3) who was responsible for recruiting warrant officers. He trusted her guidance and believed she would get it figured out. His doing so prolonged the process which eventually led to him missing all deadlines to qualify for the bonus. It was her negligence and complete disregard for his administrative needs that put him in this predicament. 5. The applicant provides: * text messages from the UTARNG WOSM, dated in May and June 2016 * memorandum from the applicant to the UTARNG Education Incentives Manager, subject: Exception to Policy (ETP), dated 8 June 2016 * memorandum from the National Guard Bureau (NGB), subject: Request for ETP for OAB, dated 26 July 2016 * DA Form 2823 (Sworn Statement) from the WOSM, UTARNG, dated 2 August 2016 * DA Form 2823 (Sworn Statement) from the applicant, dated 8 August 2016 CONSIDERATION OF EVIDENCE: 1. On 1 May 2003, the applicant enlisted in the UTARNG. He was advanced through the enlisted ranks to sergeant first class, pay grade E-7 with a date of rank of 24 September 2012. 2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 10 August 2015, shows the applicant extended his enlistment for 6 years from his current expiration term of service (ETS) date of 30 September 2015 providing him a new ETS date of 30 September 2021. 3. Annex R to DD Form 4 or DA Form 4836 (Reenlistment/Extension Bonus (REB) Addendum, dated 10 August 2015, shows the applicant agreed to extend in military occupational specialty 35M (Human Intelligence Collector) for 6 years to receive a 6-year duty MOS qualified REB of $12,000. The REB was to be paid in two installments with 50 percent paid on the day after his current ETS and the remaining 50 percent on the fourth anniversary of the REB contract start date. The addendum also described the conditions under which the REB could/would be terminated with or without recoupment of payment(s). 4. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending 8 March 2016 shows the applicant was separated for the purpose of accepting a warrant officer appointment in the U.S. Army Reserve. 5. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 8 March 2016 shows the applicant completed the WOCS in March 2016. He was discharged for immediate appointment as a warrant officer. 6. A DA Form 71 (Oath of Office – Military Personnel), dated 9 March 2016, shows he took an oath of office as a Reserve warrant officer one (WO1) on this date. 7. A memorandum from the applicant, dated 8 June 2016, to the Education Incentives Manager, UTARNG, requested that he be granted an ETP because the OAB contract had not been issued to him due to an administrative error. 8. Special Orders Number 226, NGB, dated 2 November 2016, announced the applicant’s Federal recognition as a WO1 in MOS 351M (Human Intelligence). 9. In an ETP memorandum dated 26 July 2016, provided by the applicant, the Chief, Personnel Programs, Resources and Manpower Division, NGB, disapproved his request because a written agreement could not be located and the bonus control number had been requested after his date of accession. 10. A DA Form 2823, dated 2 August 2016, shows the WOSM made a sworn statement concerning the applicant’s eligibility for an OAB. The WOSM stated clearly and directly that it was her fault the OAB paperwork was not uploaded or signed prior to the applicant’s graduation from WOCS. The applicant had no fault in the matter that caused him to not receive the $20,000 bonus that was slotted for his paragraph/line number and MOS. It was the WOSM’s responsibility to make sure the paperwork was loaded into the system before he graduated. REFERENCES: ARNG Selected Reserve Incentive Programs (SRIP) Policy, Number 16-01 for Fiscal Year 2016, provides for an OAB of $20,000 to those Soldiers agreeing to a 6-year term and holding a bonus MOS of 351M. The payment schedule provided for a 50 percent payment upon reporting to the unit of assignment and the remainder would be paid on the fourth anniversary. DISCUSSION: 1. The applicant contends his military records should be corrected by showing he was authorized and granted a $20,000 OAB he was guaranteed upon joining the Warrant Officer Corps in 2016. 2. The available evidence shows the applicant was eligible at the time of his appointment in 2016 to contract for an OAB in the amount of $20,000. Due to failure to properly initiate and process the OAB addendum, the applicant was denied this benefit. 3. The available evidence shows the applicant acted in good faith and relied upon the knowledge and professionalism of the WOSM who has admitted to being completely at fault. 4. It is apparent the necessary documents were not prepared by the WOSM prior to the applicant’s graduation from WOCS and appointment as a warrant officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014850 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014850 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2