IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20220001986 APPLICANT REQUESTS: payment of the Aviation Bonus (AVB) for the 2021 Fiscal Year (FY). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Memorandum, 18 December 2021 * Email correspondence with the Chain of Command, 12 February 2021 * Email correspondence with the U.S. Army Human Resources Command (HRC), 24 February 2021 * Email correspondence with Chief Warrant Officer 5 (CW5) 9 May 2019 * Email correspondence with CW5 19 August 2021 * All Army Activities (ALARACT) message Number 100/2020 Fiscal Year (FY) 2021 U.S. Army Conventional Force AVB Program * Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) FACTS: 1. The applicant states in pertinent part that he was denied the AVB due to an Active Duty Service Obligation (ADSO) after completing a transfer of education benefits (TEB) to his dependent children. He has exhausted all efforts to resolve his issue to include contacting his chain of command with documentation and supporting evidence with no resolution. 2. A review of the applicant's available service record reflects the following: a. On 6 November 2012, he enlisted in the Regular Army. b. DA Form 3286 (Statement for Enlistment United States Army Enlistment Program U.S. Army Delayed Enlistment Program) Annex A, item 2 reflects enlistment agreement under program 9D, United States Army Officer/Warrant Officer Enlistment Program. c. On 8 November 2012, DD Form 2366 (Montgomery GI Bill Act of 1984) was signed enrolling him into the GI Bill program. d. On 2 April 2013, he was honorably discharged from active duty. DD Form 214 (Certificate of Release or Discharge from Active Duty), item 28 (Narrative Reason for Separation) reflects accept Commission or Warrant in the Army. e. On 3 April 2013, he was appointed as a Reserve Warrant Officer and executed an oath of office and continues service. f. On 31 July 2013, Orders Number 212-248 was issued authorizing him to perform aviation service and begin entitlement to Aviation Career Incentive Pay (ACIP). 3. The applicant provides the following: a. Personal Memorandum, dated 18 December 2021, requesting the Army Board for Correction of Military Records (ABCMR) to overturn the denial of the 2021 AVB from HRC and the circumstances surrounding the request. b. Email correspondence dated 12 February 2021, to his chain of command, requesting assistance with the AVB and displaying his efforts to exhaust all options to resolve his issue. c. Email correspondence dated 24 February 2021, from HRC Incentives and Compensation Branch denying his request for payment of the 2021 AVB stating in effect that he has a service obligation for the TEB which ends on 7 November 2022. This means he is not able to participate in the AVB program during this time. The ALARACT requires that he be within one year of completing the TEB service obligation in order to take the AVB. d. Email correspondence from CW5 confirming the information provided by HRC regarding the AVB restrictions. e. Email correspondence from CW5 confirming the information regarding the AVB restrictions. f. ALARACT Message Number 100/2020, item 8c states excluding the service obligations listed in paragraph 8.B, an AVB may be approved when a Soldier is within one-year of completion of any other service obligation. The AVB service obligation will begin on the date the approval authority signs the AVB written agreement or at the completion of the Soldier's current service obligation, whichever is later. A Warrant Officer who has a service obligation, including a service obligation for a government funded undergraduate program, is not eligible for a bonus, with the exception of the service obligations, 8.B (Permanent Change of Station, attendance and completion of a military aviation qualification course (which does not include initial entry rotary wing (IERW) flight training service obligation) Army tuition assistance program, Regular Army appointments via call to active duty program or commission to warrant officer conversion)).. g. AR 621-202 as reference to the issues with TEB and the AVB. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found the evidence confirms the applicant was not eligible for the AVB for Fiscal Year 2021 due to the 4-year service obligation he incurred as a result of TEB. The Board found he became eligible for the AVB on 8 November 2021 when he was within one year of completing his TEB service obligation. If the action has not been taken already, the Board determined his record should be corrected to show he is authorized the AVB effective 8 November 2021. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is authorized the AVB effective 8 November 2021 if this action has not already been taken. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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. AR 621-202 (Army Educational Incentives and Entitlements) paragraph 4–15 (Transferability of unused benefits to dependents), Soldiers may elect to transfer their Post-9/11 GI Bill education benefits to their spouse, one or more of their children, or a combination of spouse and children through the TEB website in the milConnect portal at https://www.dmdc.osd.mil/milconnect or http://milconnect.dmdc.mil. Only dependents listed as eligible in the TEB website may receive the Post-9/11 GI Bill education benefit. TEB is neither an entitlement nor a transition benefit, but was specifically identified by statute as a tool for recruitment and retention of the career force. The ability to transfer the Post-9/11 GI Bill education benefit was created as a recruitment and retention incentive for additional service within the Uniformed Services. 2. ALARACT Message Number 100/2020, paragraph 8 (Service Obligations) states: a. A Warrant Officer who has a service obligation, including a service obligation for a government funded undergraduate education program, is not eligible for a bonus, with the exceptions of the service obligations listed below: b. The following service obligations will run concurrently. All other service obligations will run consecutively, permanent change of station and attendance and completion of a military aviation qualification course. This does not include the IERW Flight Training service obligation. c. Army Tuition Assistance Program. d. Regular Army appointments via the call to active duty program or commission to warrant officer conversion. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001986 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1