IN THE CASE OF: BOARD DATE: 2 January 2014 DOCKET NUMBER: AR20130006906 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 reconsideration of an earlier request that he be paid an Officer Accession Bonus (OAB) in the amount of $10,000.00. 2. The applicant states he would like two points clarified in the Army Board for Correction of Military Records (ABCMR) letter of determination: a. item 8 says the bonus will be paid in two installments. He never received the first installment; and b. the letter states he only had 36 months to complete the Warrant Officer Basic Course (WOBC) in order to receive his bonus. However, he was granted a 1 year extension for completion of the WOBC by the National Guard Bureau (NGB). He attached the letter as proof of that extension. He was told by a chief warrant officer five that as long as he was attending Phase 3 before the end of the 1 year extension that everything would be OK. 3. He further states: * Texas has cancelled his 3 remaining Student Loan Repayment Plan payments totaling $9,000.00 because he became an officer * he has been denied his $10,000.00 OAB * at this point he is being penalized for becoming a warrant officer and serving his country 4. The applicant provides a memorandum, dated 16 November 2010, from the NGB. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120013736, on 12 March 2013. 2. The applicant provides a memorandum, dated 16 November 2012, from the NGB which states he was granted a 1 year extension for completion of WOBC. 3. This memorandum is new evidence that will be considered by the Board. 4. Having prior enlisted service in the Regular Army, Army National Guard (ARNG), and U.S. Army Reserve, the applicant was appointed a warrant officer one (WO1) in the Texas ARNG (TXARNG) on 20 September 2008. 5. The available records do not contain a written agreement for an OAB. 6. He completed the WOBC on 7 February 2011. 7. He was promoted to chief warrant officer two on 29 June 2012. 8. Records show on 6 March 2012 the NGB denied the applicant's application for an exception to policy to retain the OAB. 9. Records show on 9 March 2012 he was notified by the TXARNG that his incentive contract was terminated because there was no OAB addendum. 10. Paragraph 8 of his original ABCMR record of proceedings (ROP) cites NGB Policy Number 07-06, dated 10 August 2007, ARNG Selected Reserve Incentive Program (SRIP) and provides the general criteria for the OAB. It states "The ARNG offers an OAB which will be paid in two installments." The ROP also indicates the applicant did not complete his WOBC within 36 months as required for the OAB. 11. Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), paragraph 6.2, states "Each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped." 12. 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 points out his original ABCMR ROP state the bonus would be paid in two installments and that he never received the first installment. However, the ROP cited NGB policy pertaining to the SRIP guidance and criteria for the OAB. The ROP does not indicate he received the first installment. 2. The evidence of record provided by the applicant supports his contention he was granted a 1-year extension for completion of the WOBC by the NGB. 3. The evidence shows he was appointed a WO1 on 20 September 2008. 4. In March 2012, the NGB terminated the incentive because he failed to sign an OAB agreement. 5. Since there is no evidence and the applicant did not provide any evidence showing he contracted for an OAB in the amount of $10,000.00, there is still no basis for granting the applicant's request. 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 to amend the decision of the ABCMR set forth in Docket Number AR20120013736, dated 12 March 2013. _______ _ 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) AR20130006906 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006906 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1