IN THE CASE OF: BOARD DATE: 30 September 2021 DOCKET NUMBER: AR20200010273 APPLICANT REQUESTS: correction of his record to show he was authorized an Officer Retention Bonus (ORB) and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ORB Request Form * Guard Incentive Management System (GIMS) screenshot * DA Form 71 (Oath of Office Military Personnel) * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement * NGB Form 337 (Oaths of Office) * Email correspondence FACTS: 1. The applicant states the comment section stated 13 years if time in service (TIS) exceeded the policy, when in fact it should have been 16 years of commissioned service for an eligible ORB. It also stated 16 years of commissioned service at the time of signature. On 17 April 2018, he had less than 16 years of commissioned service. The ORB at the time met all requirements stated by the Fiscal Year (FY) 2018 ARNG policy. The information initially observed and identified fell within the requirements for the bonus as per the date of the initial entry. The GIMS system was down for months at the time of submission, which also possibly resulted in additional confusion at various levels. 2. A review of the applicant's official records shows the following: a. On 22 May 2004, having had prior enlisted service in the ARNG, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. b. On 4 July 2014, the applicant was ordered to active duty in support of Operation Enduring Freedom. c. On 3 June 2015, the applicant was released from active duty. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 11 months of net active service with 1 year, 7 months, and 3 days of prior active service, and 10 years, 2 months, and 7 days of prior inactive service. d. On 4 March 2018, the applicant was again ordered to active duty in support of Operation Enduring Freedom. e. On 7 April 2019, the applicant was released from active duty. A DD Form 214 shows he completed 1 year, 1 month, and 4 days of net active service with 2 years, 1 month, and 3 days of prior active service, and 13 years, 4 months, and 7 days of prior inactive service. 3. The applicant provides: a. ORB request form showing the applicant had at the time (17 April 2018) 13 years of commissioned service and requested an ORB in area of concentration 17A (Cyber Warfare Officer) for three years in the amount of $20.000.00. b. GIMS screenshot "history of actions" showing a note that states (10 July 2018) "[service member] exceeds 13 year commissioned time." c. NGB Form 23B showing the applicant (on the date of preparation of the form) had 14 years of commissioned service minus his enlisted service. d. NGB 337 showing the applicant executed the oath of office in the ARNG on 23 May 2004. e. Email correspondence showing problems with GIMS. Additionally, email correspondence showing the applicant was informed he was not eligible for the ORB in accordance with Department of Defense Instructions (DODI) 1304.34 (General bonus Authority for Officers) because he had more than 16 years of qualifying service. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, a majority of the Board found relief is warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The majority found the applicant met the criteria for an ORB based on his years of commissioned service when his request was submitted in 2018. Based on a preponderance of evidence, the majority determined his record should be corrected to show his request was approved and he should be paid the ORB. 3. The member in the minority found insufficient evidence indicating the determination that the applicant exceeded the service time restriction for the ORB was in error. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : DENY APPLICATION 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 and Army National Guard records of the individual concerned be corrected by showing his request for an ORB submitted in 2018 was approved and paying him the amount he is due as a result of this correction. 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 Instructions 1304.34 (General bonus Authority for Officers) states in section 3.4 (Retention Bonus) the bonus may be used by the Military Department to obtain the voluntary extension of an officer’s service in exchange for an agreement to serve for a specified period in a designated military skill, career field, unit, or grade or to meet some other condition or conditions imposed by the Secretary of the Military Department concerned. a. Section 3.4b (Additional Retention Bonus Eligibility Requirements) states an eligible officer must have completed a minimum of 4 years of active commissioned service or qualifying service for a Reserve Component officer and agree to remain on active duty or in an active status for a period of at least 2 years. b. Section 3.4c (Restrictions) states an officer is not eligible for a retention bonus if, at the start of the period of additional obligated service, the officer: * has between 16 and 19 years of active commissioned service or qualifying service in accordance with DODI 1215.07 (Service Credit for Non-Regular Retirement) for a Reserve Component officer * the service obligation for a retention bonus may not extend an officer’s service beyond 25 years of active commissioned service or qualifying service, in accordance with DODI 1215.07 for a Reserve Component officer 2. Title 37, United States Code, section 332 (General Bonus Authority for Officers) states the Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service. a. A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d) (1) to serve for a specified period in a designated career field, skill, unit, or grade; or (2) to meet some other condition or conditions of service imposed by the Secretary concerned. A bonus paid under paragraph (2) of subsection (a) may not exceed $20,000.00 for a minimum three-year period of obligated service agreed to under subsection (d). b. Subsection d states to receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (c)(2); (3) the period of obligated service; and (4) the type or conditions of the service. 3. Army Regulation (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010273 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1