IN THE CASE OF: BOARD DATE: 23 December 2019 DOCKET NUMBER: AR20170003270 APPLICANT REQUESTS: reversal of the National Guard Bureau's (NGBs) decision to deny his exception to policy (ETP) request to retain the Officer Accession Bonus (OAB) in the Nevada Army National Guard (NVARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * OAB Addendum * Request for an ETP * Denial by the NGB FACTS: 1. The applicant states: a. The second review request for ETP for the OAB superseded the ETP request dated 28 March 2013. The review was denied and the State Incentive Manager will terminate the incentive with recoupment effective the contract start date. He believes he should receive an exception to the applicable Selected Reserve Incentives Policy and the incentive addendum that he signed because the incentive manager of the NVARNG stated he was eligible to receive an OAB misinformed him. He would not have accepted the bonus knowing he was not eligible. He trusted the incentives manager was right and he himself was unaware that an individual would be ineligible to receive both a re-enlistment bonus and an OAB. b. Currently, he has over 16 years of service and plans on continuing his service to 20 years plus. Also with his wife being forced to medically retire from the ARNG, they continue to count on his income from the ARNG and if the bonus was recouped this could cause financial hardship. As stated in the memo he wrote two years ago, he believes this situation was not his fault and the incentives manager should have known the regulations better. He has also continued to serve for several years after this incident and plans to stay in the military. His family depends on the income received from the National Guard and could cause financial hardship if recouped. 2. Review of the applicant's service records shows: a. He had prior enlisted service in the U.S. Army Reserve (USAR) and in the ARNG, with multiple periods of active duty service. b. He was appointed as a warrant officer one of the NVARNG on 20 February 2008. He was assigned to the 168th Aviation, NVARNG. c. In connection with this appointment, he and a service representative signed an OAB Written Agreement in which he indicated/acknowledged: * he met the criteria and agreed to serve in the Selected Reserve in a critical skill, for six years, the full period of this agreement * he was not receiving financial assistance or special pay and would not receive such assistance during the period of this agreement * he is being accessed into an MTO&E unit that is not identified as an NGB critical unit identification code (UIC); he shall receive a bonus of $10,000 paid in two 50% installments: the first 50% installment is payable upon successful completion of OBC/WOBC, and the second and final 50% installment is payable on the third-year anniversary of his appointment d. The Addendum is signed by the service representative on 20 February 2008 and contains a Bonus Control Number that was requested on 5 March 2008. e. He entered active duty on 6 July 2009 in military occupational specialty (MOS) 153D (UH-60 Pilot). He was honorably released from active duty on 30 September 2011. f. On 12 February 2015, he submitted an ETP to the NGB. It states that he should receive an exception to the applicable Selected Reserve Incentives Policy and the incentive addendum that he signed, because he was misinformed by the incentive manager, of the NVARNG, that he was eligible to receive an OAB and he was unaware that he was ineligible to receive both an enlistment bonus and an OAB. Additionally, recouping this bonus would cause a financial hardship to him and his family. g. On 4 December 2015, the NGB denied his ETP. The NGB referenced the ARNG Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year 2007 (Policy Number 07-06) effective 10 August 2007 and denied his ETP to retain the $10,000.00 OAB for the discrepancies listed below. * Received an enlisted bonus which was not terminated without recoupment which violates ARNG SRIP 07-06 * Bonus Control Number was requested after the date of accession which violates ARNG SRIP 07-06 * Contract/bonus addendum is missing the Service Representative's signature date which violates ARNG SRIP 07-06 4. Army Regulation 601-201, to be eligible for the OAB an individual who agree to accept an appointment as an officer in the ARNG or USAR and serve in a designated critical AOC/MOS in a Selected Reserve unit of the component in which appointed, for a period of not less than 6 years from the date of appointment. 5. ARNG SRIP Policy Guidance for Fiscal Year 2007 (Policy Number 07-06) effective 10 August 2007 establishes policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008. Commanders at all levels are required to ensure that this policy is managed effectively in order to preclude any occurrence of fraud, abuse, or mismanagement. This policy memo states newly commissioned officers and newly appointed warrant officers who retained an enlisted bonus (meaning there was no recoupment action) after serving more than one year of their enlisted incentive contract term may not receive the Officer Accession Bonus. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions were carefully considered. The Board determined that there was insufficient evidence to warrant relief at this time. The Board agreed that the applicant did not provide evidence of a hardship or medical documentation that shows his spouse has a medical issue to support his claim of hardship. Additionally, the Board found that the applicant would need to provide documentation of the amount that was recouped or being recouped. The Board agreed that based on the available evidence, the Board found no error or injustice to grant relief at this time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 2. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, stated in paragraph 10-15 (OAB and officer affiliation bonus (OAFB)) the policy and guidance for the administration of the Selected Reserve OAB and OAFB. The OAB and OAFB would be used to attract and retain qualified commissioned and warrant officers possessing or qualifying for training in critical skills, grades, and/or units designated by the Secretary of the Army as critical to meet manpower shortages in the ARNG and U.S. Army Reserve (USAR). The OAB applied to newly appointed commissioned and warrant officers (2LT or WO1) who agree to serve in a Selected Reserve unit of the component in which appointed. An Addendum would be completed on individuals who qualify for and agree to receive the OAB. To be eligible for the bonus individual must— * agree to accept an appointment as an officer in the ARNG or USAR and serve in a designated critical area of concentration/military occupational specialty (AOC/MOS) in a Selected Reserve unit of the component in which appointed, for a period of not less than 6 years from date of appointment * possess an AOC/MOS designated by the Secretary of the Army for bonus entitlement, or agree to accomplish the necessary training prescribed by the Secretary of the Army to achieve the designated critical AOC/MOS 3. Memorandum from NGB, dated 10 August 2007, updated 15 March 2010, SUBJECT: ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 - 30 September 2009 (Policy Number 07-06) with Updates (EIOM's 09-020, 023, 024, 030, 34, 38, 39, 40, 41, 43, 45, 47, 51, 54, 55, 56, 58, 59, 60 and 10-011), establishes policy to administer ARNG incentives. In paragraph 12 (Officer Accession Bonus) the officer must meet certain criteria. This policy memo states newly commissioned officers and newly appointed warrant officers who retained an enlisted bonus (meaning there was no recoupment action) after serving more than one year of their enlisted incentive contract term may not receive the OAB. a. General criteria: never held a commission as an officer or warrant officer; must sign an OAB Addendum on the date they accept their commission; must successfully complete Basic Officer Leader Course (BOLC) in the designated AOC; and must not be receiving and will not receive benefits, such as the ROTC Financial Assistance Program under Chapter 2107, Title 10 USC. b. Officer Accession Critical Skill Bonus: must agree to serve not less than 6 years; must serve in the critical AOC for the full length of the contracted term; and must sign a 6 year OAB Addendum to receive the $10,000 bonus. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003270 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1