ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20180015278 APPLICANT REQUESTS: Reversal of the Exception to Policy (ETP) denial to retain a $10,000.00 Officer Affiliation Bonus (OAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB 337 (Oaths of Office) * Written Agreement Officer Affiliation Bonus Addendum * National Guard Bureau Memorandum Subject: Request for Exception to Policy (ETP) for Officer Affiliation Bonus (OAB) * Department of the Army and the Air Force Florida National Guard Officer Memorandum Subject: Notification of Incentive Termination * Department of the Army and the Air Force Florida National Guard Officer Memorandum Subject: Notification of Exception to Policy Result * Department of the Army and the Air Force Florida National Guard Officer Memorandum Subject: Memorandum for Record Subject: Army Review Boards Agency Online Application Signature Page FACTS: 1. The applicant states: a. on 9 January 2009,he affiliated with the Florida Army National Guard (FLARNG) having finished his original active duty commitment. On 1 February 2009, he was sworn into the FLARNG as an officer. On 29 April 2009, his $10,000.00 OAB was signed with FLARNG Recruiting and Retention Command. He received his initial payment of $5000.00 and was due a payment of $5000.00 at the 3 year mark of his contract. He did not receive the second installment. b. his ETP to retain his OAB and not have to repay his initial payment was submitted to the National Guard Bureau (NGB). On 6 August 2012, he received a letter stating his ETP was denied due to “no written agreement” on file with NGB G-1. c. on 24 April 2018, he was notified of Incentive Termination and Recoupment of the initial payment of his OAB. NGB states there was no evidence he executed a written agreement on the date of the affiliation in accordance with the Department of Defense Instruction (DoDi) 1205.21, dated 20 September 1999, section 6, 6.2 which states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be, required signing a written agreement. He was informed by the FLARNG State Incentive Manager his OAB would be terminated with recoupment. d. He has the agreement he signed (without a control # added) but cannot confirm or deny if this was included in his Exception to Policy. MAJ M_ was the FLARNG Officer Strength Manager. He requested assistance from the Florida National Guard IG, but was told he had to go through ARBA process. e. Nowhere on the Bonus documentation states that he would be the sole owner of this document and it's his responsibility to ensure it is processed appropriately and that he has ownership of maintaining the final signed copy as the official record. He was paid. This is proof that it was approved as written (and signed) at multiple levels to include submission for payment. He asks: how can a Soldier be held accountable for fulfilling their agreement while the system that failed to adhere to quality control within their paperwork process not be? What is to become of the second payment he had been denied? 2. The applicant provides: * his oath of office showing when he joined the FLARNG * the Written Agreement Officer Affiliation Bonus Addendum showing his signature; however, there are no other endorsements nor a control number validating the OAB * NGB and FLARNG ETP showing he was denied the ETP and the incentive was terminated with recoupment * a memorandum in lieu of the application signature page. 3. A review of the applicant’s service record shows: * 8 January 2009 – he received an honorable discharge from the Regular Army (RA) and transitioned to the FLARNG * 1 February 2009 – he signed the oath of office * 29 April 2009 – he signed his Written Agreement Officer Affiliation Bonus Addendum * 6 August 2012 – his request for ETP was denied stating there is no evidence the applicant executed a Written Agreement Officer Affiliation Bonus Addendum on the date of affiliation * 24 April 2018 – he was notified his OAB incentive was terminated, due to no written agreement on 9 January 2009, and his incentive was to be recouped in the amount of $5000.00 4. Army National Guard (ARNG) Select Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009 (Policy Number 07-06) shows the Officer Must have served on active duty for more than 30 days, or be a member of the Individual Ready Reserve (IRR). Any officer who transferred into the IRR from a selected reserve component (including ARNG) must serve at least 12 months in the IRR before being considered for this incentive. Officers conditionally released from another selected reserve component for affiliation into the ARNG are not authorized this incentive. * Must have received an honorable discharge from all periods of previous military service * Must have never received an Officer Affiliation Bonus for service in any Selected Reserve * Must not be entitled to retired or retainer pay * Must sign an Officer Affiliation Bonus Addendum on or before date of affiliation * Must agree to become AOC/MOS qualified within 24 months from the date of affiliation, if affiliating into an AOC/MOS other than that which is currently held o Officer Affiliation Critical Skill Bonus: The ARNG offers an Officer Affiliation Critical Skill Bonus which will be paid in two installments. The first 50% installment will be paid upon in-processing with ARNG unit of affiliation or completion of AOC/MOS qualification training for a critical skill, if applicable. The second and final installment of 50% will be processed for payment on the third year anniversary of affiliation into the ARNG. Officers must meet the following eligibility requirements. ? Agree to serve for a period of not less than three-years in an active drilling status. ? Be AOC/MOS qualified for and agree to serve in a Critical Skill AOC/MOS or agree to retain for and serve in a Critical Skill AOC/MOS. ? Officers that sign a three-year Officer Affiliation Bonus Addendum will receive a $10,000 bonus. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service record, the reason for his separation from active duty as recorded on his DD Form 214, the applicant’s NGB 62E application for Federal Recognition, the OAB addendum provided by the applicant (signed by the applicant) absent the witness signature, the NGB ETP denial noting the absence of the required signed incentive addendum. The Board found insufficient evidence that the applicant had been offered and was entitled to an OAB. Based on a preponderance of evidence, the Board determined that the denial of the requested Exception to Policy to retain an Officer Accession Bonus was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: Army National Guard (ARNG) Select Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009 (Policy Number 07-06) shows the Officer Must have served on active duty for more than 30 days, or be a member of the Individual Ready Reserve (IRR). Any officer who transferred into the IRR from a selected reserve component (including ARNG) must serve at least 12 months in the IRR before being considered for this incentive. Officers conditionally released from another selected reserve component for affiliation into the ARNG are not authorized this incentive. * Must have received an honorable discharge from all periods of previous military service * Must have never received an Officer Affiliation Bonus for service in any Selected Reserve * Must not be entitled to retired or retainer pay * Must sign an Officer Affiliation Bonus Addendum on or before date of affiliation * Must agree to become AOC/MOS qualified within 24 months from the date of affiliation, if affiliating into an AOC/MOS other than that which is currently held o Officer Affiliation Critical Skill Bonus: The ARNG offers an Officer Affiliation Critical Skill Bonus which will be paid in two installments. The first 50% installment will be paid upon in-processing with ARNG unit of affiliation or completion of AOC/MOS qualification training for a critical skill, if applicable. The second and final installment of 50% will be processed for payment on the third year anniversary of affiliation into the ARNG. Officers must meet the following eligibility requirements. ? Agree to serve for a period of not less than three-years in an active drilling status. ? Be AOC/MOS qualified for and agree to serve in a Critical Skill AOC/MOS or agree to retain for and serve in a Critical Skill AOC/MOS. ? Officers that sign a three-year Officer Affiliation Bonus Addendum will receive a $10,000 bonus. ABCMR Record of Proceedings (cont) AR20180015278 5 1