AR20160004544

IN THE CASE OF:

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160004544

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X___ ____X___ ____X___ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160004544

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.

_____________X___________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160004544

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, reversal of the decision not to pay him an officer accession bonus of $10,000 by the Nevada Army National Guard (NVARNG).

2. The applicant states he received a transition bonus after leaving active duty to come to the ARNG in 2009. Due to his bonus paperwork being mishandled and submitted incorrectly, he requested an exception to policy (ETP). His ETP for the transition bonus (active duty to NG) was approved and paid in July 2013. In December 2014, this approved ETP was rescinded by the National Guard Bureau (NGB) G1 and recoupment of all bonus payments was directed. As explained in his enclosed Memorandum to the Board, dated 2 February 2016, an approved ETP was already granted for the payment of the bonus in June 2013. Payment of his second half of the bonus was completed in July 2013. The denial of that already-approved request came a full 18-months after the bonus had been approved and paid out. The error occurred at many levels above him through repeated misinterpretation or misunderstanding of applicable bonus policies.

3. The applicant provides:

* Self-authored memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Written Agreement – OAB
* Standard Form 50 (Notification of Personnel Action)
* Active duty separation orders and amendments
* 2013 ETP request and approval
* 2014 ETP second review

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the U.S. Army Reserve (USAR) on 19 November 2002, as a cadet, for 8 years. He signed a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract), agreeing to serve 4 years of active duty in exchange for an ROTC scholarship.

2. On 18 April 2006, Headquarters, U.S. Army Cadet Command, published orders ordering him to active duty for a period of 4 years, effective 13 April 2007, after attending the Transportation Corps Basic Officer Leader Course (BOLC), beginning August 2006.

3. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 19 May 2006. He entered active duty on 29May 2006. He completed the Transportation BOLC from November 2006 to March 2007.

4. He resigned his commission and he was honorably released from active duty, as a Regular Army officer, for miscellaneous/general reasons on 1May 2009 and transferred to the ARNG. He completed 2 years, 11 months, and 3 days of active service.

5. He was appointed as a Reserve commissioned officer of the NVARNG and executed an oath of office on 2 May 2009. He provides and his records contain a copy of a Written Agreement – OAB Addendum. This form shows he agreed to serve in the Selected Reserve (SELRES) of the ARNG in the critical skill in which he was accessed (88A (Transportation, General)). He stated/agreed:

* he was not currently receiving financial assistance (ROTC scholarship) or special pay, and will not receive such assistance during the period of the agreement
* he was not accepting an appointment for the purpose of a military technician position where membership of a Reserve Component is a condition of employment
* he would serve for 6 years in the SELRES, and receive a $10,000 critical skill bonus to be paid in two installments, 50percent of which was to be paid upon completion of the BOLC and the second 50 percent was to be paid on the third year anniversary
* bonus termination with recoupment would occur if he voluntarily transferred out of the critical skill for which the bonus was approved

6. The applicant signed this Addendum on 2 May 2009; however, a service representative did not sign it. Additionally, a witnessing officer signed/witnessed it on 13 September 2009. The addendum contains the Bonus Control Number 00909XXXNV.

7. On 1 February 2010, he accepted a Military Technician position, a position of Training Technician, at the Joint Force Headquarters, NVARNG. His Standard Form 50 states his retention is dependent on maintaining active National Guard membership.

8. He served in a variety of assignments and completed the Transportation Captains Career Course in July 2012

9. On 20 June 2013, he submitted an ETP to the NGB requesting payment of the second half of his OAB. He stated:

a. He signed the OAB Addendum on 2 May 2009. He was told by the service representative that he was eligible for the OAB. He signed it, unaware that as a former active duty Soldier, he should have been signing the Officer Affiliation Bonus. His service representative did not inform him of this and the mistake was no fault of his own. The service representative did not provide a date or signature on the OAB Addendum. This was also no fault of his own. Due to an administrative error, the signature dates for the witnessing officer do not match both the Addendum and the Oath. Again, this was no fault of his own.

b. His area of concentration (AOC) changed from 88A (Transportation) to 90A (Logistics) due to his assignment as a Transportation Company Commander. With the creation of the Logistics Branch, all Modified Tables of Organization and Equipment (MTOE) were changed to reflect the Commander position as a 90A. As an 88A, it is impossible to transition into a Commander slot without converting to a 90A. The 88A AOC is a feeder MOS for the 90A AOC. His AOC remains in the Transportation Branch. The AOC change was due to add additional required schooling. He continues to meet all requirements stipulated in the agreement.

10. On 9 July 2013, the NGB approved his ETP. An NGB official stated:

a. The Reference is Memorandum, NGB, NGB-EDU, Updated 17 February 2009, Subject: ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10August 2007 – 30 September 2009 (Policy Number 07-06) with Updates. An ETP to retain the $10,000.00 OAB for the discrepancy listed below is approved.

b. The applicant’s bonus addendum is incorrect which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010). His bonus addendum contains a missing signature from the service representative which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15June 2010).

c. He was accessed into the NVARNG, Unit Identification Code (UIC) WPDJAA on 2 May 2009 for a contracted bonus addendum/agreement amount of $10,000. His contracted AOC was 88A and his current AOC is 90A. He was qualified in the AOC on 2 May 2009. In accordance with Department of the Army Pamphlet 600-3 (Commissioned Officers Professional Development and Career Management) the Logistics branch incorporates six AOCs and three skill identifiers. Logistics branch officers all have a common primary AOC 90A. Officers will also hold another AOC that indicates their chosen specialty within the Logistics branch; these are classified as “Logistics functional areas.” Officers will continue their affiliation with the Ordnance, Quartermaster, or Transportation regiments based on this secondary AOC.

d. A review of the incentive agreement supports an incentive being offered at time of contract. He accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of this request. Therefore, withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army.

11. On 9 December 2014, the NGB conducted a second review of the applicant’s ETP and denied his request. The NGB indicated this ETP denial supersedes the ETP dated 9 July 2013.

a. The reference is ARNG SRIP Policy Guidance for FY07 (Policy Number 07-06 with Updates) effective 1 March 2009. An ETP to retain the $10,000 OAB for the discrepancies listed below is denied. The State Incentive Manager will terminate the incentive with recoupment effective the contract start date.

* the applicant became a Permanent Military Technician after serving at least one day of the contract term which violates Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures)
* he signed an agreement for the OAB while on an ROTC scholarship which violates DODI 1205.21
* his contract/bonus addendum is incorrect; this also violates ARNG SRIP 07-06, updated 1 March 2009
* his contract/bonus addendum contains different signature dates by the service member and the witnessing officer which violates ARNG SRIP 07-06, updated 1 March 2009
* his contract/bonus addendum is missing the service representative’s signature and signature date which violates ARNG SRIP 07-06, updated 1 March 2009

b. The applicant was serving on an ROTC Scholarship obligation at the time he signed for the OAB incentive. DODI 1205.21 prohibits service members from contracting for an incentive while serving on an ROTC Scholarship obligation; therefore, the request cannot be granted.

REFERENCES:

DODI 1205.21 updates policy, assigns responsibilities, and prescribes procedures for management of the Reserve components incentive programs.

a. Paragraph 4.1. Incentive skills shall be used to attract and retain individuals possessing or qualifying for training in critical skills and/or critical units needed in wartime and to sustain membership and maintain readiness in the National Guard and Reserve components.

b. Paragraph 6.9. Recoupment is not required if accepting an Active Guard Reserve (AGR) position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment.

DISCUSSION:

1. The applicant enlisted in the USAR as a cadet for 8 years under an ROTC program. He agreed to serve 4 years on active duty. He entered active duty on 29 May 2006 and he was separated on 1 May 2009. He completed 2 years, 11 months, and 3 days of his 4 years of active service commitment.

2. He was appointed in and accessed into the NVARNG, UIC WPDJAA on 2May 2009 for a contracted bonus addendum/agreement amount of $10,000. His contracted AOC was 88A. He was qualified in the AOC on 2 May 2009.

3. Although multiple errors were committed in the processing of this OAB, including missing signatures, inconsistent dates, and AOC inconsistencies, the two key elements here are:

a. When he was appointed in the ARNG and signed his OAB Addendum, he was serving on an ROTC Scholarship obligation. DODI 1205.21 prohibits service members from contracting for an incentive while serving on an ROTC Scholarship obligation. He was ineligible for the OAB in the first place.

b. He accepted a Military Technician position in 2010. This violates DODI 1205.21.

4. He was not eligible for the OAB when he was commissioned and he is not eligible for the requested relief.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004544

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004544

6

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2