IN THE CASE OF:
BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20090017818
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 correction of his military records to show that he deployed to Iraq on 28 February 2009 instead of on 6 March 2009 which was his actual date of deployment.
2. The applicant states that he volunteered for a short notice for deployment to Iraq in support of Operation Enduring Freedom. He was told that he would mobilize on 11 February 2009 but he did not receive his orders until 25 February 2009. By the time he arrived in theater, he had missed the 1 March 2009 cutoff date to be eligible for the critical skills retention bonus (CSRB). He does not believe he should be penalized because he was not in charge of the process.
3. The applicant provides, in support of his application, copies of the Army National Guard (ARNG) Implementation Guidance for CSRB, dated 1 February 2008; Memorandum for Record, subject: Volunteer Selection, dated 14 January 2009; e-mail communications from the applicant, dated between 27 January and 13 February 2009; Reserve Components Officer/Warrant Officer CSRB Written Agreement, dated 26 February 2009; and memoranda, subject: Exception to policy for CSRB, dated 12 March and 31 March 2009.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a member of the ARNG.
2. On 14 January 2009, the applicant signed a memorandum for record volunteering for 120 days of active duty in a combat zone. He also waived the normal 30-day notification period for activation.
3. The e-mail communication between the Aviation Operations Officer, 28th Combat Aviation Brigade and the applicant, dated 13 February 2009, shows the applicant was scheduled for a 7 March 2009 deployment. The applicant's response was "I will be contactingÂ…to see if they can move faster." "With this new date I have no leg to stand on as far as the bonus."
4. On 26 February 2009, the applicant initialed and signed a Reserve Components Officer/Warrant Officer CSRB Written Agreement, dated
26 February 2009. This agreement applied to officers and warrant officers of the ARNG and USAR with entitlement to the CSRB.
5. On 12 March 2009, the Commanding General, 66th Theater Aviation Command requested that the applicant be granted the CSRB as an exception to policy. The general stated that the delay of the applicant's deployment until
6 March 2009 was not due to his fault.
6. On 31 March 2009, the Chief, Education, Incentives and Employment Division, National Guard Bureau, stated that the request for exception to policy for CSRB could not be approved. The ARNG Implementation Guidance for CSRB, dated 1 February 2008, states "Military Technician and Active Guard Reserve officers are only eligible for the CSRB if deployed in support of the Global War on Terrorism in theaters of Iraq, Afghanistan or Kuwait." "On
1 March 2009, the CSRB was suspended; the applicant did not meet the eligibility requirements until 6 March 2009." Therefore, the applicant remains ineligible for the CSRB incentive.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of deployment should be changed from
6 March to 28 February 2009 to make him eligible for the CSRB incentive.
2. The available evidence clearly shows the applicant knew as early as
13 February 2009 that he was not going to be eligible to receive the CSRB incentive. Furthermore, there is no evidence showing this had changed by
26 February 2009 when he signed the Reserve Components Officer/Warrant Officer CSRB Written Agreement. That agreement clearly did not apply to him because he was not eligible for the CSRB incentive.
3. In view of the above, there is no error or injustice. Therefore, the applicant's request should be denied.
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) AR20090017818
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