IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20210017643 APPLICANT REQUESTS: exception to policy (ETP) to be eligible to receive his warrant officer accession bonus. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) on-line * DD Form 149 hardcopy * E-mail traffic with United States Army Reserve Command (USARC) Warrant Officer Candidate (WOC) Program Manager during the period of 27 through 30 September 2019 * E-mail traffic with USARC WOC Program Manager during the period of 6 through 7 February 2020 * E-mail traffic with USARC WOC Program Manager on 20 October 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, he requests an ETP to be eligible to receive the warrant officer accession bonus which he contracted for due to no fault of his own. Due to the unforeseen issues in the USARC slotting system and complication related to coronavirus disease 2019 (COVID 19), the applicant was unable to complete the required training to become military occupational specialty (MOS) qualified within 24-months of his appointment as a warrant officer. The issue was the school seat that was allocated for his attendance was given to an Army National Guard (ARNG) Soldier, which caused the applicant to complete Warrant Officer Basic Course (WOBC) for his career field 5-months after the 24-month window. The applicant did have the Student Loan Repayment Program (SLRP) incentive; however, he was going to use his accession bonus to pay off his loans, so he requested the SLRP to be terminated in lieu of the accession bonus. The applicant submitted a request for ETP; however, it was denied as it was submitted without all of his supporting documentation. This error has essentially caused the applicant to suffer at $40,000.00 injustice. 3. A review of the applicant service record shows: a. The applicant enlisted in the United States Army Reserve (USAR) on 11 October 2007. He DA Form 3450 (Certificate and Acknowledgement USAR Service Requirements and Methods of Fulfillment) shows the applicant contracted to receive the: * Non-prior service kicker in the amount of $350.00 * Non-prior service enlistment bonus in the amount of $20,000.00 * Student Loan Repayment Program (SLRP) in the amount of $20,000.00 The applicant’s DA Form 5261 (Selected Reserve Incentive Program (SRIP) – Enlistment Bonus Addendum) shows he was entitled to the non-prior service enlistment bonus in the amount of $20,000.00. His DA Form 5261-4 (SLRP Addendum) shows the applicant was entitled to a maximum of $20,000.00 in loan repayments. b. The applicant was ordered to active duty for training (ADT) on 25 October 2007. He was honorably released from active duty on 2 April 2008 upon completion of 92F (Petroleum Supply Specialist) course. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 5-months and 8-days of active service. c. The applicant’s service record is void of his reenlistment or extension documents. His record shows on 8 November 2012, he received a SRIP reenlistment bonus in connection with his reenlistment in the USAR in the MOS 92F for 6-years in the amount of $15,000.00. d. The Soldier Management System (SMS) shows the applicant was selected on March 2015 U.S. Army Recruiting Command (USAREC) WOCS Reserve Board and a RC scroll was submitted for warrant officer one (WO1) on 17 April 2015, The USAR Scroll was confirmed on 20 May 2015, for WO1, 005798-15. e. On 30 June 2016, the applicant signed the Written Agreement – USARC Officer/Warrant Officer Accession Bonus Acknowledgement, stating he agreed to accept an appointment in the armed forces to service in the Selected Reserve in a critical officer skill that was designated for bonus entitlement. In the agreement the applicant stated he was not currently receiving financial assistance under educational loan repayment, other financial assistance programs, or Reserve Officer Training Corps scholarship. He was eligible for an accession bonus in the MOS 923A (Petroleum Technician) in the amount of $20,000.00. He also understood in order to receive the accession bonus, he must forfeit any previously enlisted incentive that he was receiving and be subjected to recoupment of any unearned portions of the incentive. The accession bonus would be terminated if he failed to become MOS qualified within 24-months of the date of his appointment. f. SMS then shows the applicant was selected on September 2016 USAREC WOCS Reserve Board and the RC scroll was submitted for WO1 in 26 October 2016. g. The applicant was ordered to active duty on 13 February 2018 to attend Warrant Officer Candidate School (WOCS). He was honorably released from active duty on 20 March 2018. DD Form 214 shows the applicant completed 1-month and 8-days of active service. h. On 21 March 2018, the applicant completed his oath of office and was appointed as a Reserve warrant officer in the rank of WO1. i. On 15 December 2019, Headquarters (HQs), 88th Readiness Division, the applicant was notified the MOS 923A was awarded as his primary MOS. j. The applicant successfully attended and completed the Petroleum Technician Warrant Officer Basic course during the period of 1 June through 7 August 2020. DA Form 1059 (Service School Academic Evaluation Report) shows the applicant was certified in the MOS 923A. k. The applicant’s DD Form 214 shows he was ordered to ADT on 31 May 2020. The applicant was honorably released from active duty on 7 August 2020. DD Form 214 shows the applicant completed 2-months and 7-days of active service. 4. The applicant provides a. Email traffic with the USARC WOC Program Manager during the period of 27 through 30 September 2019, which shows the applicant inquired about WOBC attendance. He was advised the seat was filled by a Soldier in the ARNG and he would have to be scheduled in the April course. He was also informed due to no fault of his own, he would not lose his accession bonus. The Program Manager also informed the applicant she was going to process and ETP to grant him an extension to the time line for completion of WOBC. b. Email traffic with the USARC WOC Program Manager during the period of 6 through 7 February 2020, which shows the applicant inquired if his request for orders could be amended to show he was eligible to travel to WOBC via privately owned vehicle instead of commercial air. The program manager informed the applicant his request for orders was amended. c. Email traffic with the USARC WOC Program Manager on 20 October 2020, which shows the applicant inquired about receipt of an ETP for his accession bonus as he completed WOBC outside of the 24-month window due to no fault of his own. The program manager informed the applicant that she did not process bonuses, he would have to contact USARC Incentive Branch. But the program manager would attest he was not able to complete WOBC within the 24-month window due to no fault of his own. 5. On 22 March 2022, in the processing of this case, Headquarters (HQs), USAR, provided an advisory opinion regarding the applicant’s request for an ETP to receive his accession bonus. The advisory official recommended denial of relief and stated: a. The applicant accessed into the USAR on 30 June 2016 for a 6-year term with a $20,000.00 Warrant Officer Accession Bonus in the MOS 923A. The USAR Pay center did not initially pay the accession bonus due to the applicant failing to become MOS qualified within 24-months of his appointment. The applicant had to submit a request for ETP for his due to no fault of his own. USARC Initial Military Training (IMT) confirmed the delay in training resulted from scheduling conflict. b. However, additional research found the applicant was not eligible for the Warrant Officer Accession Bonus at the time of accession due to receiving payments under his 11 October 2007 SLRP contractual agreement. He received $13,115.63 in SLRP payments in 2014 and 2018. Department of Defense Instruction (DoDI) 1304.34 (General Bonus Authority for Officers) states, an eligible person must not have received financial assistance through a loan repayment program, his ETP was denied. 6. On 4 May 2022, the Army Review Boards Agency (ARBA), Case Management Division provided the applicant a copy of the advisory opinion for his review and comment, the applicant has not responded. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the United States Army Reserve Command (USARC)- Director Resources Management G-1 advisory opinion, the Board concurred with the advising official finding the applicant was for the Warrant Officer Accession Bonus (WOAB) at the time of accession due to receiving payments under his 11 October 2007, $20,000 Student Loan Repayment Program (SLRP) contractual agreement. The Board determined based on the applicant’s records, he received $13,115.63 in SLRP payment for the period 2014 through 2018 with a remaining lifetime max of $6,884.37 of SLRP program eligibility. The Board agreed per the Department of Defense Instruction (DoDI) which states an eligible person must not have received financial assistance through a loan repayment program. Based on the DoDI, the Board found the applicant is not entitled to an exception to policy (ETP) to be eligible to receive his warrant officer accession bonus. Therefore, the Board denied relief. 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA), the U.S. Army Reserve (USAR), and the Army National Guard (ARNG). Paragraph 10-15 (Selected Reserve Incentive Program – officer accession bonus and officer affiliation bonus), a. Officer accession bonus. The OAB applies 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. DA Form 5261–7 (Selected Reserve Incentive Program - Officer Accession Bonus) will 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/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 * not be accepting an appointment as an officer serving in the Selected Reserve for the purpose of qualifying for a military technician position where membership in an RC is a condition of employment or be accepting an appointment to fulfill either an AGR position or an assignment as an individual mobilization augmentee * possess an area of concentration/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 area of concentration/MOS * not currently receiving financial assistance or special pay, and not receive such assistance or serve any related service obligation during the period of this agreement * fill a critical skill in the Selected Reserve. ARNG and USAR will forward a critical skills list with justification for payment of the OAB to DCS, G–1, on a semi-annual basis for approval as part of their SRIP * successfully complete an officer basic course or warrant officer basic course in his or her designated area of concentration/MOS within 36 months of the date of appointment 3. Department of Defense (DoD) Instruction 1304.34 (General Bonus Authority for Officers), Establishes policy, assigns responsibilities, and prescribes procedures for the payment of a bonus, in accordance with Section 332 of Title 37, United States Code (U.S.C.), to persons, members, or officers. a. Paragraph 3-1b. Eligibility. In accordance with Paragraph 3.1.a., the Secretaries of the Military Departments only may pay a bonus to a person or officer who: * signs a written agreement with the Secretary of the Military Department concerned to serve for a specified period in a designated career field, skill, unit, or grade, or meet some other condition or conditions of service imposed by the Secretary * successfully completes training and becomes qualified in a designated skill or career field, if completion of such training and technical qualification forms the basis for which the bonus is paid * qualifies pursuant to any additional eligibility criteria prescribed by the Secretary of the Military Department concerned * meets any additional eligibility criteria of this issuance for each bonus type * is not in receipt of an accession, retention, reserve affiliation, or transfer bonus for the same activity, skill, or period of service * will not exceed the mandatory retirement or high-year tenure date during the specified period of obligated service for which the bonus is paid * is not serving a service obligation b. Paragraph 3-1g, an officer or enlisted member is not eligible for a bonus if the individual was previously discharged or released from active duty or military service in an active status based on a determination of misconduct, substandard duty performance, or moral or professional dereliction. An officer may not receive a bonus or incentive pay for the same activity, skill, or period of military service. An officer may receive only one bonus listed of this issuance for the duration of the service obligation period. An officer may not receive more than $300,000 (or $150,000, in the case of a non-Active Guard Reserve officer in the Reserve Component) in combined bonus payments authorized by this issuance during the course of his or her career. An officer receiving pre-commissioning compensation or financial assistance through a loan repayment program, is not eligible for a bonus. An officer receiving a bonus is not eligible for a bonus or the same skill and period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017643 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1