IN THE CASE OF: 
BOARD DATE: 16 November 2022 
DOCKET NUMBER: AR20220002593 

APPLICANT REQUESTS: exception to policy (ETP) to be eligible to retain her warrant officer accession bonus (OAB). 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
self-authored statement 

. 
Officer/Warrant Officer Written Agreement – Army Reserve Components (RC) Critical Skills Retention Bonus (CSRB) 

. 
Written Agreement Officer/Warrant Officer Accession Bonus Addendum 

. 
U. S. District Court for the Central District of California plea agreement 

. 
Soldier Incentive Assistance Center Bonus Audit Form 

. 
California (CA) Army National Guard (ARNG) Memorandum, Subject: Chief Warrant Officer Two (CW2) T-T- (the applicant) Request for ETP for Bonus Recoupment 

. 
Headquarters (HQs), CAARNG Memorandum, Subject: Request for Documentation Supporting Your Incentive(s) 

. 
HQs, CAARNG Memorandum, Subject: Re-audit for Reenlistment Bonus (REB) for CW2 T-T-(the applicant) 

. 
CAARNG Memorandum, Subject: Second Review Request for ETP for OAB 

. 
National Guard Bureau (NGB) Memorandum, Subject: Request for ETP for OAB Chief Warrant Officer Three (CW3) T- T- (the applicant) 


FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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, she requests an ETP to be able to retain her OAB in the amount of $10,000.00 without recoupment. The CAARNG and NGB stated she was not eligible for the OAB she received because the properly signed documents were not 

in her Army Military Human Resources Records (AMHRR), she should be able to retain the OAB due to no fault of her own. She has the copy which she signed; however, it does not have the service representative signature who approved her receipt of the OAB. She acted in good faith and relied on her recruiter to upload the documents upon receipt of all the signatures. She was also told that she was not eligible to retain the OAB because she went on AGR status. She did not enter into the contract with the intent to qualify for an AGR position. She entered the program months later. Nowhere in the written agreement does it mention that if she entered the AGR program her OAB would be recouped. The portion of the ARNG policy which speaks of the AGR program was not updated until March 2010 which was after her contract was signed and after she entered the AGR program. However, it now reads that bonus will be terminated upon accepting the AGR position if the acceptance was on or after 25 February 2010 and it is to occur without recoupment. 

3. 
A review of the applicant's service record shows: 


a. On 1 March 1984, the applicant enlisted in the Regular Army (RA). 
b. 
On 28 February 1987, the applicant was honorably released from active duty and assigned to the U. S. Army Reserve (USAR) Troop Program Unit (TPU). DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 3-years of active service. 

c. 
On 4 February 1990, the applicant reenlisted in the USAR. 

d. 
On 18 November 1992, the applicant enlisted in the ARNG. 



e. 
On 14 December 1992, Orders Number 057-030, issued by HQs, 63rd U. S. Army Reserve Command (ARCOM), the applicant was reassigned to the ARNG, effective 18 November 1992. 

f. 
On 3 February 1996, the applicant was honorably discharged from the ARNG. NGB Form 22 (Report of Separation and Record of Service) shows the applicant completed 3-years, 2-months, and 16-days of service. 

g. 
On 14 August 2003, the applicant enlisted in the ARNG. 

h. 
On 14 October 2005, the applicant extended her enlistment in the ARNG. 



i. 
On 18 July 2008, Orders Number 201-520, issued by the State of CA Office of the Adjutant General, the applicant was ordered to active duty for training (ADT), effective 27 July 2008 to attend Warrant Officer Candidate Course. 

j. 
On 4 September 2008, the applicant was honorably released from active duty for acceptance as a warrant officer in the Army. 

k. On 4 September 2008, the applicant was honorably discharged from the ARNG. 

l. 
On 5 September 2008, the applicant completed her oath of office in the ARNG and was appointed in the CAARNG as a Warrant Officer One (WO1). 

m. 
On 10 September 2008, Orders Number 254-303, issued by the State of CA Office of the Adjutant General, the applicant was ordered to ADT to attend the Warrant Officer Basic Course (WOBC), effective 14 September 2008. 

n. 
On 13 March 2009, the applicant was honorably released from active duty. 

o. 
On, 21 April 2009, the applicant entered into an agreement for a CSRB. 




(1) 
Section II (Instructions) stated the service representative was responsible for reading and explaining the CSRB requirements outlined in the written agreement. Following the reading, explanation, and affixing the proper initial and signatured, a copy of the written agreement would be provided to the officer and inserted into the military personnel file. 

(2) 
Section III (Acknowledgement) stated the applicant would continue to service in the military occupational specialty (MOS) 251A (Information Systems Technician) which was designated as a critical skill for a period of 3-years from the date of the written agreement. 

(3) 
Section V (Entitlement) stated the applicant was eligible for the CSRB by agreeing to service in the MOS designated as a critical skill for the period of 3-years. However, the amount of the CSRB was blank. The initial bonus payment will be initiated by the gaining unit commander per published procedures. 

(4) 
Section VII – Termination stated the entitlement to the CSRB would be terminated for the following reasons the applicant may be subject to recoupment action: 

a) 
Become an unsatisfactory participant or voluntarily or because of misconduct, do not complete the term of obligated service in the designated critical skill for which the bonus was paid. 

b) 
Voluntarily transfer to a non-critical skill MOS, except to fulfill promotion obligation. 

c) 
Fail to become MOS qualified within 24-months, following an involuntary reassignment to a critical skill MOS other than that for which the agreement was signed. 

d) 
The following reasons will cause termination; however, recoupment action will not be exercised; death not due to misconduct, injury not result of misconduct, service directed in another MOS or elimination of MOS or involuntary reduction in force, separation, or reassignment due to hardship or dependency. 


The agreement was signed by the applicant; however, it was not signed by the service representative or a witness. 
p. On 22 April 2009, the applicant entered into a written agreement for a warrant OAB in the amount of $10,000.00. The applicant acknowledged she would serve in MOS 251A which was a critical skill that was designated for bonus entitlement by the Secretary of Defense. The applicant acknowledged that she was not accepting an appointment as an officer serving in the Selected Reserve for the purpose of qualifying for Active Guard/Reserve (AGR) position. 
(1) 
The applicant incurred a 6-year service obligation in the Selected Reserve in her critical MOS and she agreed to serve satisfactorily for the complete period in the Selected Reserve of the ARNG. The applicant would be paid 50 percent of the bonus upon completion of BOLC in the critical skill and the second 50 percent would be processed on the third-year anniversary of the agreement. 

(2) The bonus eligibility would be suspended if she: 

a) 
Failed to extend the contracted term of service for a period of authorized non-availability. 

b) Flagged for an adverse action. 

c) 
No bonus would be paid during the period of suspension and reinstatement was not a guarantee. Failure to meet reinstatement criteria in a capacity for which she contracted shall result in termination of the incentive and recoupment. 

(3) 
The bonus may be terminated without recoupment for: 

a) 
Separation due to injury or illness not a result of misconduct. 

b) 
Involuntary retirement. 



c) 
Separation for hardship or sole survivorship. 



d) 
Involuntary separation from the ARNG because of unit inactivation, relocation, reorganization, or a Department of Defense (DoD) directed reduction in force. 

(4) The bonus may be terminated with recoupment for: 
a) Unsatisfactory participation. 

b) 
Separation from the ARNG due to death, injury, or illness because of misconduct. 

c) Voluntary transfer out of the critical skill for which the bonus was approved. 

d) 
Failure to return to active status within the approved period for non­availability or to extend enlistment to cover the period of inactive status. 

e) 
Failure to maintain assignment in a valid, vacant position within authorized over strength. 

f) 
Voluntary transfer to a non-deploying position or not specifically authorized a bonus. 

g) Voluntary retirement. 

h) 
Discharged while under suspension of favorable action (SFA) when the SFA was not lifted prior to discharge. 

i) 
Separation from the ARNG for immediate enlistment into the Active Army (AA) if the enlistment was either for a period of service that was less than the current ARNG contract or receipt of another bonus for the AA enlistment. 

j) 
Failure to maintain medical and dental readiness during the entire period of enlistment unless failure was due to reasons beyond her control. 


The applicant signed the agreement on 22 April 2009; however, it was not signed by a service representative or a witness. 
q. 
On 29 April 2009, Orders Number 119-456, issued by State of CA Office of the Adjutant General, the applicant was ordered to full time National Guard duty – Operational Support (FTNGD-OS), effective 4 May 2009. 

r. 
On 15 June 2009, Special Orders Number 147, issued by the NGB, the applicant was extended Federal recognition for her initial appointment, effective 5 September 2008. 

s. 
On 6 August 2009, Orders Number 218-1107, issued by the CAARNG, the applicant was ordered to FTNGD in an AGR status, effective 15 August 2009 for her initial tour. 

t. 
On 18 December 2009, Orders Number 352-412, issued by the State of CA Office of the Adjutant General, the applicant was ordered to active duty in support of Operation Iraqi Freedom for an Outside the Continental U.S. (OCONUS) deployment, effective 2 April 2010. 

u. On 1 April 2010, the applicant was honorably released from active duty. 

v. 
On 2 April 2010, the applicant was ordered to active in support of Operation Iraqi Freedom. She was honorably released from active duty on 29 March 2011. 

w. 
On 8 April 2011, Orders Number 98-1033, issued by the CAARNG, the applicant was ordered to FTNGD in an AGR status, effective 30 March 2011. 


4. The applicant provides: 
a. 
U. S. District Court for the Central District of CA CR Number: 0648 states a plea agreement between T-J- (the defendant) and the U. S. Attorney's Officer for the Central District of CA in the investigation of false claims submitted to the U. S. in connection with loan repayments, bonuses, and other incentives for CA National Guardsmen. The defendant entered a plea agreement of one count of false, fictitious, or fraudulent claims to be sentenced to 5-years imprisonment, 3-years period of supervised release, fine of $250,000.00 or twice the gross gain or gross loss resulting from the offense, whichever is greater, and a mandatory special assessment of $100.00. The defendant is required to pay restitution to the victim of the offense approximately $15,200,000.00. Beginning in or about 1994 and continuing to on or about 6 October 2009, the defendant was the State Bonus and Incentive Manager for the CAARNG. The defendant was responsible for determining whether members of the CAARNG were eligible to received various incentives and bonuses from the DoD. If the defendant determined members were eligible for a bonus or incentive, she would submit a claim to request the DoD pay the member the bonus or incentive. Beginning in the fall of 2007 and continuing to on or about 6 October 2009, the defendant regularly and routinely submitted claims that she knew to be false, fraudulent, and/or fictitious for CSRB and/or student loan repayments. The defendant did not financially benefit from the false claims she submitted. The defendant signed the plea agreement on 7 July 2011 along with her attorney, and the assistant U. S. attorney. 

b. 
Soldier Incentive Assistance Center Bonus Audit printed on 21 February 2014, shows the applicant's status as AGR, Bonus Control Number O09040005CA, amount 


paid $10,000.00 for the OAB. The applicant was not eligible to contract for the 6-year agreement. She received prior incentives and her date of appointment was 5 September 2008. The audit shows the bonus addendum was missing. 
The auditor summarily stated the applicant commissioned for a OAB for 6-years in MOS 251A for $10,000.00. She became MOS qualified on 13 March 2013. She was not eligible to contract or receive payment. The applicant was missing the bonus addendum. The applicant was paid $5,000.00 on 8 July 2009 and $5,000.00 on 10 July 2009. The applicant was subject to recoupment of $10,000.00 for the missing addendum. 
c. Historical record for the applicant's contract shows: 
. on 28 April 2009, no officer accession rates found for this bonus per master sergeant (MSG) ­
. 
bonus start date 5 September 2008 

. 
bonus MOS 251A 

. 
selected reserve incentive program (SRIP) type: officer accession critical unit identification code $10,000.00 (16 June 2007 through 28 February 2009 

. 
bonus rate $10,000.00 

. 
bonus control number O09040005CA 

. 
was actioned by  


d. 
CAARNG Memorandum, Subject CW2 T-T-, Request for ETP for Bonus Recoupment dated 5 June 2014, stated upon appointment the applicant met the criteria for OAB: 

. 
she was appointed as of 28 August 2008 

. 
was not in AGR status or a military technician 

. 
no prior appointments 

. 
assigned to a Modified Table of Organization and Equipment (MTOE) unit 

. 
completed WOBC within 24-months of appointment 

. 
remained in active status in the CA ARNG 

. 
never flagged for Army Physical Fitness Test (APFT) 

. 
never been non-compliant for body fat standards 

. 
satisfactory participant 

. 
assigned in her MOS 



e. 
HQs, CAARNG Memorandum, Subject: Request for Documentation Supporting Your Incentive(s), dated 12 June 2014, the applicant was notified an audit was conducted on her bonus and it found discrepancies in her OAB and reenlistment bonus and was subject to recoupment in the amount of $25,000.00 due to no contract in the 


applicant's personnel file and payment was made in the violation of Federal law and NGB policy. 
f. 
HQs, CAARNG Memorandum, Subject: Re-audit of REB for CW2 dated 12 November 2014 stated her settlement category was down graded from non-correctable to fully eligible. The applicant provided documentation to support the validity of REB eligibility, she submitted the correct bonus contract. The DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and bonus addendum were signed on the same date. She contracted for $15,000.00 and was paid $15,000.00. No further recoupment action required. 

g. 
CAARNG Memorandum, Subject: Second Review Request for ETP for OAB stated the ETP to retain $10,000.00 in payments of a 2008 OAB incentive discrepancies was denied. The applicant received payment of $10,000.00 and it was found the signed written agreement was missing from official military records of the applicant which is subject to recoupment. 

h. 
NGB Memorandum, Subject Request for ETP for OAB, CW3 dated 14 July 2016 stated an ETP to retain the $10,000.00 OAB was disapproved as a written agreement could not be located in the applicant's service record which violates the Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2. The applicant also became a permanent AGR for more than 179-days after the contract started which violated ARNG SRIP 07-06. The ARNG does not have the authority to approve the ETP. The State Incentive Manager will terminate the incentive with recoupment effective the date of commission. 


5. On 28 February 2023, in the processing of this case, the NGB provided an advisory opinion regarding the applicant's request for exception to policy to be eligible to retain her warrant officer OAB. The advisory official stated she served at the rank of sergeant first class (SFC)/E7, before being appointed as a Warrant Officer One (WO1), effective 5 September 2008. During her lengthy time in service, she obtained various incentive bonuses. At the time of her appointment, she had an active reenlistment/extension bonus which was terminated without recoupment. 
The applicant’s OAB incentive addendum for $10,000.00 which she signed on 22 April 2009 was not a valid incentive contract for the following: 
a. 
The addendum was not authenticated or completed. 

b. 
The authenticated addendum was not available in the systems of record. 


c. The addendum was signed after the warrant officer accession date of 5 September 2008. 
The many violations, discrepancies, and her acceptance of a Title 32 AGR position made her ineligible for the OAB, which was not fault of her own, in comparison to her decades of honorable service. The NGB recommends that a validated addendum is created to close out the contract in the system of record as "terminated without recoupment." This will ultimately waive recoupment of the OAB, as requested by the applicant. This opinion was coordinated with the CAARNG with concurrence from the ARNG Incentives Branch. 
BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was 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 National Guard advisory the Board concurred with the advising official finding the applicant served at the rank of sergeant first class (SFC)/E7, before being appointed as a Warrant Officer One (WO1), effective 5 September 2008. The Board noted, during the applicant’s lengthy time in service, she obtained various incentive bonuses. At the time of her appointment, she had an active reenlistment/extension bonus which was terminated without recoupment. Evidence in the record shows the applicant is still serving on Title 32 Active Guard Reserve (T32 AGR) orders. 

2. 
The Board determined, based on the NGB advisory in favor of the applicant it is recommended that a validated addendum be created to close out the contract in the system of record as "terminated without recoupment." This will ultimately waive recoupment of the OAB. The Board agreed there is sufficient evidence to support exception to policy (ETP) for the applicant’s eligibility to retain her warrant officer accession bonus (OAB). Therefore, the Board granted relief. 

3. 
Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 


Mbr 1  Mbr 2  Mbr 3  
:X  :X  :X  GRANT FULL RELIEF  
:  :  :  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:  :  :  DENY APPLICATION  

BOARD DETERMINATION/RECOMMENDATION: 
In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 records of the individual concerned be corrected by creating a validated addendum to close out the contract in the system of record as "terminated without recoupment.". Recommend exception to policy (ETP) for eligibility to retain her warrant officer accession bonus (OAB). This will ultimately waive recoupment of the OAB. 
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. 
ADMINSTRATIVE NOTE(S) 
1. Reference the enclosed request for correction of military records from the subject individual to correct her DD Form 214 for the period ending 1 April 2010, by: 
a. Delete: Item 12a (Date Entered Active Duty This Period): 15 September 2008. b. Add: Item 12a: 15 August 2009. 
2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. 
. 
DD Form 214 service ending 1 April 2010 

. 
CA ARNG Orders Number 218-1107 


REFERENCES: 
1. 
Title 10, USC, 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 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. 


//NOTHING FOLLOWS//