IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080015953
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 that his 2-year Critical Skills Retention Bonus (CSRB) contract be corrected to show it was executed on 1 October 2006 and that it was a 3-year contract.
2. The applicant states that he completed an additional active duty service obligation (ADSO) in June 2006 and acquired a 2-year ADSO after completing a 1-year fellowship in Emergency Medicine.
3. The applicant continues that he was not informed that his Area of Concentration (AOC) was approved for the CSRB in a timely manner, and he was not informed that he qualified for the CSRB even though he had a remaining ADSO.
4. The applicant continues that he is scheduled to retire for years of service on 30 September 2009. As such, he certainly would have executed a 3-year CSRB if he had known of its existence and his eligibility.
5. The applicant also points out that the implementing directive for CSRB required an officer to sign a declination if the officer chose not to accept that incentive. The applicant claims that the fact that he did not sign a declination verifies that he was not aware that he was eligible for the CSRB in 2006.
6. The applicant provides his approved 2-year CSRB contract dated 1 October 2007, and a message, date/time group 082130Z Sep 06, Subject: Critical Skills Retention Bonus (CSRB) for Army Physician Assistant (PA) Officers in the Active Component (AC).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army on 13 September 1989, was awarded the military occupational specialty of dental specialist, and was promoted to pay grade E-6. He was honorably discharged on 24 September 1998 due to his commission as a second lieutenant in AOC 65D (Physician Assistant).
2. The applicant attended training in Emergency Medicine Physician Assistant Fellowship at Madigan Army Medical Center, Tacoma, WA from 1 July 2005 to 30 June 2006.
3. On 1 October 2007 the applicant signed a 2-year CSRB memorandum.
4. In a message, date/time group 082130Z Sep 06, which was provided by the applicant, it stated in pertinent part, "Eligibility criteria – all fully qualified PAS [physician assistants] in AOC 65D, board certified by the NCCPA, graduate of the AMEDD OBC, and privileged to practice. Officer must not have an existing ADO for accession, HPLRP, or sponsored initial PA education and/or training."
5. Army Regulation 350-100 (Officer Active Duty Service Obligation) establishes guidance on ADSOs for officers, defines how service obligations will be computed and served, and establishes how officers will be notified of service obligations. This regulation applies to all Army commissioned officers and warrant officers serving on active duty. It states, in pertinent part, that officers incur an active duty service obligation when they complete certain formal education or training programs, undergo a permanent change of station (PCS), or who accept career status or certain promotions. Officers must fulfill ADSOs before they are eligible for voluntary separation. Officers will not be further obligated beyond the dates voluntary ADSOs are fulfilled without their consent, either expressed or implied.
6. In the processing of this case, on 10 December 2008, an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The OTSG stated that the applicant would have been eligible for a 3-year CSRB effective
1 October 2006 and recommends approval of the applicant's request. The applicant was provided a copy of the advisory opinion and on 26 December 2008 he concurred with the recommendation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant claims that he was not aware of the CSRB, there is no method in which to verify that contention. Since remaining on active duty was a volitional act, there is no method of ascertaining the applicant's initial intent at this late date.
2. The absence of a declination does not establish that the applicant was not aware of the CSRB. At best it shows an administrative oversight, which does not establish an error or injustice which would warrant approving his request.
3. The advisory opinion from the OTSG has been carefully considered. While the OTSG is correct that the applicant could have executed a 3-year CSRB effective 1 October 2006, the reason for him not executing the contract cannot be determined with any certainty.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ 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 that 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.
ABCMR Record of Proceedings (cont) AR20080015953
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