IN THE CASE OF: BOARD DATE: 22 November 2023 DOCKET NUMBER: AR20230005452 APPLICANT REQUESTS: reversal of the National Guard Bureau (NGB) denial of payment of his Officer Retention Bonus (ORB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 71 (Oath of Office - Military Personnel) * DA Form 1059 (Service School Academic Evaluation Report) Captains Career Course (CCC) * Orders Number 0000623762.00 Permanent Change of Assignment with Amendment * Army National Guard (ARNG) Fiscal Year (FY) 21 Policy Selective Reserve Incentive Program (SRIP) Policy * Manual Written Agreement Officer/Warrant Officer Retention Bonus ARNG of the United States * Officer Incentive Request Form * Orders Number 0001236659.00 Permanent Change of Assignment * Memorandums, Subject: Request for Exception to Policy (ETP) * Memorandum ETP Disapproval ORB FACTS: 1. The applicant states, in effect: a. He is requesting that his ORB under the ARNG SRIP for FY 21 be granted in the full amount of $20,000.00 for a three-year commitment. b. He was denied the bonus when he initially filed the paperwork because he was command directed through Officer Career Management Board (OCMB) action to take command of the 833rd Engineer Company and was unqualified as an Engineer Officer. He was qualified as a logistics officer, 90A. c. His battalion commander requested he fill the role as no eligible engineer officer was available. He accepted the command directed movement to take command. d. He worked several ETP memorandums for the bonus, which he attached for the Board's consideration. Before the bonus submission time frame closed, he was moved to an officer position he was qualified for as a 90A, which was as the 185th Combat Sustainment Support Battalion (CSSB) Operations Officer Position, S-3. He completed another ETP memorandum and ultimately resigned his command and submitted the bonus paperwork, while in an officer position he was qualified for. As an 90A officer in a 90A position, he submitted the bonus paperwork, met all conditions to receive the bonus and was denied the bonus. He is requesting reinstatement of his ORB. e. He was denied the bonus because of a command directed personnel move to aid the Army. He was moved to a qualified position during the bonus eligibility time frame and resubmitted a memorandum and bonus paperwork. 2. The applicant's service record contains the following documents: a. DA Form 71 (Oath of Office - Military Personnel), dated 26 August 2012, shows the applicant completed the oath of office and was appointed as a Reserve commissioned officer. b. On 3 January 2013, Special Orders Number 2 issued by the National Guard Bureau (NGB) extended Federal Recognition to the applicant and confirmed his branch transfer to the Transportation Corps. c. DA Forms 1059 (Service School Academic Evaluation Report) shows on 5 February 2014 the applicant completed the Basic Officer Leader Course and on 22 June 2018 he completed the Logistics CCC in Area of Concentration (AOC) 91A (Maintenance and Munitions Materiel Officer). d. On 13 September 2018, Orders Number 256-085 issued by the Office of the Adjutant General transferred the applicant to the Logistics Branch, effective 22 June 2018. e. On 24 September 2018, Special Orders Number 237 issued by the NGB transferred the applicant from the Ordnance Branch to the Logistics Branch. f. Manual Written Agreement Officer/Warrant Officer Retention Bonus ARNG of the United States, dated 16 December 2020, shows the applicant was qualified in Area of Concentration (AOC) 90A and agreed to serve a minimum of 3 years for a bonus in the amount of $20,000.00. The ORB addendum states: * must fill a valid automated unit vacancy system top loaded position vacancy in a Modified Table of Distribution and Allowances unit and must be assigned as a 90A * he would not receive payment if he did not meet all eligibility requirements on his contract start date and AOC award order date * he would remain eligible if he transferred between Army Reserve Components due to unit transition * he would remain eligible if his critical AOC was changed at the convenience of the government * the bonus would be terminated if he failed to serve in his contracted skill for the entire length of the agreement except for career progression and for the convenience of the government g. DA Form 67-10-1 (Company Grade Plate Officer Evaluation Report), for the rating period 1 October 202 through 31 August 2021, the applicant as a logistics officer was rated as the commander for the 833rd Engineer Company in AOC 12A (Engineer Officer). h. Memorandum from the NGB, dated 27 March 2022, Subject: ETP Disapproval ORB, states: (1) The request on behalf of the applicant to receive the $20,000.00 ORB was disapproved. (2) The applicant was assigned as an Engineer Officer from 8 October 2020 to 15 June 2021, which made his signed ORB contract invalid. The applicant's primary AOC 90A, which he contracted for and was qualified for did not match the duty AOC of 12A he was assigned to and that made him ineligible to apply for the incentive. The State Incentives Manager would invalidate the incentive. 3. The applicant provides the following documents not previously considered: a. Orders Number 0000623762.00 published by AUGOE, Headquarters and Headquarters Company (HHC), 734th Regional Support Group, dated 1 September 2020, show the applicant was intra command moved to the duty position of commander, effective 1 October 2020. These orders were amended by Orders Number 0000623762.01, published by the same Headquarters, dated 17 June 2021 modified the assignment for curtailment changing the end/termination date to 15 June 2021. b. ARNG FY 21 SRIP Policy, dated 1 October 2020, which assisted leaders in meeting ARNG readiness requirements. It provided recruiting and retention incentives to assist in filling critical shortages in those situations where other less costly methods had proven inadequate in supporting unit and skill staffing requirements. The entire policy is available for the Board's consideration. c. Officer Incentive Request Form dated 17 December 2020, which shows the applicant was commissioned on 26 August 2012 in AOC 90A. His projected contract signature date was 15 December 2020. The entire form is available for the Board's consideration. d. Orders Number 0001236659.00, published by AUGOE Army Element Joint Force Headquarters, dated 17 June 2021 show the applicant was intra command moved to the duty position Operations Officer, effective 16 June 2021. e. Memorandum, Subject: ETP, dated 13 October 2021 states: (1) The applicant was requesting an ETP to retain his ORB. (2) On 16 December 2020, he signed an addendum for an ORB. At the time he signed, he had been moved to the unit commander position for the 833rd Engineer Company as a 90A in a 12A position. He had no intentions to become 12A qualified and it was not a requirement for him. After signing the contract, he was moved back to a 90A position with HHC, 185th CSSB, where he was qualified. (3) The applicant signed his addendum in good faith that OCMB actions, which are out of his control, would not cause him to be ineligible to receive the ORB. Based on the ORB guidance in the FY 21 SRIP Policy, he would receive the first half of his payment when he was qualified in a 90A position. As of 15 June 2021, he is qualified in a valid 90A position and wished to retain his ORB. f. Memorandum, Subject: Request ETP for ORB contract applicant, dated 28 October 2021 from the Deputy Chief of Staff for Personnel (G-1) states: (1) The applicant signed an ORB on 16 December 2020 for AOC 90A - Logistics. The applicant was assigned to a 12A position between 10 December 2020 and 15 June 2021. (2) Section II, paragraph 2 of the addendum requires assignment to a 90A position. Section VIII, in the note specifies the addendum becomes valid once the State Incentives Manager validates eligibility. The State Incentives Manager verified eligibility on 20 January 2021, though that appears to have been in error. The Officer Incentive Request Form does not have a screening check for current duty assignment. (3) The incentive was returned by NGB due to this AOC assignment discrepancy. The applicant was reassigned to a 90A position effective 16 June 2021. ORBs were suspended on 1 July 2021 and remained so on the date of the memorandum. (4) The applicant's desired outcome was to be allowed to retain his bonus and receive payments. He stated he signed the addendum in good faith and had no intentions of defrauding the government. The applicant would have been otherwise eligible for the ORB on 16 June 2021 upon his reassignment to a 90A duty position. (5) The Deputy Chief of Staff G-1 recommended approval for the ETP. BOARD DISCUSSION: 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 Bureau (NGB) -Personnel Programs, Resources and Manpower Division and the Deputy Chief of Staff G-1 advisory opinion, the Board concurred with the G-1 advising official finding applicant signed his addendum in good faith that Officer Career Management Board (OCMB) actions, which are out of his control, and would not cause him to be ineligible to receive the Officer Retention Bonus (ORB). The Board agreed the applicant exhausted all options to correct his eligibility due to not fault of his and is eligible for his bonus. Therefore, the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing the applicant is eligible for the $20,000.00 payment of his Officer Retention Bonus (ORB). 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. REFERENCE: ARNG FY 21 SRIP Policy, dated 1 October 2020, provides recruiting and retention incentives to assist in filing critical shortages in those situations where other less costly methods have proven inadequate in supporting unit and skill staffing requirements. a. The ORB will be offered to an Officer in the amount of $20,000.00 for a 3 year commitment. The member must be qualified in AOC list, have less than 16 years of qualifying military service towards non-regular retirement. b. An Officer changing AOC due to normal career progression can retain his or her incentive provided he or she remains within the same Career Management Field as the primary position holder for the entire length of the service-obligation. c. Termination with Recoupment: An Officer failing to serve in the contracted AOC for the entire length of the incentive agreement (except for normal career progression or at the convenience of the government) would have their contract terminated with recoupment. The effective date of termination is the date annotated on the officer's branch transfer order. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005452 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1