IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20100016796 


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, correction of his records by:

	a.  showing he executed a properly prepared Critical Skills Retention Bonus (CSRB), U.S. Army Reserve (USAR) Captain agreement for $20,000 on 30 June 2009; and

	b.  paying him the $20,000 CSRB and all due back pay as a result of these corrections. 

2.  He states, in effect, despite his timely submission of an Officer Written Agreement for the USAR, CPT - CSRB, his request was denied for failure to provide an acceptable contract in a timely manner.  He then submitted a request for an Exception to Policy (ETP), which was denied due to his lack of communication and failure to properly execute his written agreement. 

3.  He chronologically lists the sequence of events beginning with the official implementation email he received on 5 March 2008 and culminating with the disapproval of his request for an ETP on 22 February 2010. 

4.  He provides copies of:

* various implementation memorandums for the CSRB
* his mobilization and revocation orders
* screenshots of his Army Knowledge Online (AKO) email account
* his request for resignation
* a transmission verification report of his Officer Written Agreement
* screenshots of various inquires from the Web Enabled Education Benefit System (WEBS)
* transportation documents
* his request for ETP
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his Personnel Qualification Record

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in a Troop Program Unit (TPU) of the U.S. Army Reserve (USAR) in the grade of captain (CPT)/O-3 and in area of concentration (AOC) 42B (Human Resources).

2.  He provided a memorandum from the Office of the Under Secretary of Defense, dated 12 December 2007.  This document approved the U.S. Army to pay USAR officers in the grade of CPT/O-3 who executed a written agreement to serve in an active status for not less than three years in certain AOCs a CSRB of up to $20,000.  AOC 42B was designated as one of the critical skills needed. 

3.  Orders A-01-801555, dated 25 January 2008, show the applicant was ordered to active duty for operational support under the provisions of Title 10, U.S. Code, Section 12301 for 1 year.  He was scheduled to report to his unit of assignment on 3 March 2008.  

4.  On 12 February 2008, Orders A-01-801555R were published, which revoked Orders A-01-801555, dated 25 January 2008.

5.  Orders A-02-802956, dated 15 February 2008, were issued, which show he was once again ordered to active duty with the same report date, purpose, and unit of assignment.

6.  His record shows that orders were issued on 26 February 2008 for promotion to the grade of CPT/O-3.  

7.  On 28 February 2008, a second revocation order was published, which revoked Orders A-02-802956, dated 15 February 2008.

8.  On 29 February 2008, Headquarters, U.S. Army Reserve Command (USARC) published implementation guidance for USAR officers in the grade of CPT/O-3 who were eligible to apply for the bonus.  

9.  He provided a printout from his Army Knowledge Online (AKO) webmail account, dated 5 March 2008.  This email message was sent to him from the USARC, Army Leadership department to recruit qualified USAR officers who may have been eligible to receive the CSRB.

10.  The applicant prepared a memorandum for submission to the Supervisory Staff Administrator on 28 February 2009, subject; Unit Administrator (UA) Resignation for Mobilization.  This memorandum shows he resigned his duties as a UA assigned to 1st Battalion, 391st Regiment effective 1 April 2009 for the purpose of mobilization.  

11.  Orders A-03-909705, dated 30 March 2009, show he was ordered to active duty for 181 days and was scheduled to report to his unit of assignment on 
3 April 2009.  

12.  He provided two additional memoranda, dated 2 and 7 April 2009, subject: UA Resignation for Mobilization.  These documents were submitted on two other occasions, subsequent to his initial request. 

13.  He also provided a copy of an Officer Written Agreement – Army Reserve Components (RC) CSRB, which was signed by the applicant on 30 June 2009. This document contains a facsimile transmission verification report, which shows a total of three pages of the officer written agreement were successfully transmitted to 404-464-9015 on 30 June 2009.

14.  A printout from the WEBS shows a series of inquires/responses took place between the applicant and Mr. RS beginning in June 2008 and ending in November 2009:

   a.  The applicant submitted a message on 11 June 2008, notifying Mr. RS that he was having difficulties printing the required form.
   
   b.  Mr. RS responded on 12 June 2008 by telling the applicant it appeared that he was still eligible to receive the bonus and indicated that he needed to qualify in one of the two critical boxes.  Mr. RS then asked the applicant about his printing issue.
   
   c.  On 16 June 2008, the applicant indicated he was not able to login and complete the required forms and that the website showed he was ineligible for the CSRB.
   
   d.  Mr. RS responded on 24 June 2008 and asked the applicant if he was a Military Technician and if so, the CSRB was suspended for Military Technicians (MilTechs) until further notice.  The applicant sent a response indicating that he still was unable to complete the required documentation.
   
   e.  On 16 May 2009, the applicant indicated that he resigned from his position as a MilTech on 1 April 2009 and that the system needed to be updated to reflect his correct status.
   
   f.  On 27 May 2009, Mr. RS informed the applicant that he needed to coordinate with his civilian personnel office to remove his name from the MilTech list because he was not able to perform that action.
    
   g.  On 1 July 2009, Mr. RS indicated he received the applicant’s written agreement; however, he failed to initial the two spaces on line 5 of the page 1 of the document.
   
   h.  Mr. RS sent two separate messages on 6 and 9 July 2009 in which he stated he needed the applicant’s written agreement before he could process his request for CSRB.  He sent a third message on 22 July 2009 indicating he denied the applicant’s request for the CSRB because he never submitted a properly-executed written agreement, even after two reminders. 
   
   i.  On 5 October 2009, the applicant responded and indicated he had faxed the written agreement as requested and to please advise him of resubmission requirements.  On the same day, Mr. RS told the applicant he could submit the written agreement dated 5 October 2009 or later, and that he would be able to reinstate the bonus.
   
   j.  The applicant responded on 10 November 2009, indicating that he just read the message and he would attempt to comply.  On the same day, Mr. RS informed him that at the time he was notified his bonus could be reinstated since the bonus was still in effect and he was qualified.  However, the bonus had since been suspended and he was no longer eligible.
   
   k.  The applicant indicated he applied in July 2009 and the system had blocked him from applying prior to that.  He also indicated that he had never seen the two notifications telling him that his documentation was never received. 
   
   l.  The remaining messages show that the applicant was informed he needed to request an ETP for the CSRB. 

15.  His DD Form 214 shows he was honorably REFRAD on 30 September 2009 after completing 5 months and 28 days of net active service.  

16.  On 1 October 2009, USARC published a memorandum, which suspended the CSRB for USAR captains. 

17.  On 17 November 2009, he submitted an ETP for the CSRB through his chain of command to USARC.  His entire chain of command concurred with his request and recommended approval.  

18.  On 22 February 2010, his request for an ETP was disapproved.  The memorandum shows that although he electronically submitted his written agreement on 1 July 2009, he failed to properly execute his written agreement.  After several attempts to obtain the needed documentation from the applicant, his request was denied.  He was informed on 5 October 2009 to resubmit and the contract would be reinstated; however, he responded more than a month later and at that time, the bonus had been suspended. 

19.  He provided copies of a series of email messages between various recipients at USARC, legal counsel, members of his chain of command, and himself.  These messages show he exhausted his administrative remedies and was advised to submit his request to the Board. 

20.  On 17 April 2010, he submitted a rebuttal and a request for reconsideration to the ETP for the CSRB. 

21.  During the processing of his application, an advisory opinion was requested from USARC.  The USARC, G-1 Officer Management Branch opined the following:

	a.  USARC recommended disapproval of his request for the CSRB due to his failure to provide an acceptable contract in a timely manner.

	b.  His request for an ETP was denied due to his lack of communication and failure to properly execute his written agreement.  It was noted that 1,868 applicants received the bonus, many of which were submitted from a combat zone with less automation services available than the applicant's. 

22.  The Board sent a copy of the advisory opinion to the applicant for his rebuttal/response; however, he did not provide a response. 

DISCUSSION AND CONCLUSIONS:

1.  His request for correction of his records to show he executed a properly prepared Officer Written Agreement for the CSRB in a timely manner and payment of the $20,000 bonus was carefully considered and found to have merit. 
2.  The evidence of record shows that the applicant resigned from his position as a UA in order to mobilize and to become eligible for the CSRB.  It appears that he had to submit his request for resignation three times.  It is believed that an administrative error may have occurred, which delayed the processing of his removal from the MilTech list. 

3.  On 30 June 2009, he faxed what he believed to be a properly-prepared Officer Written Agreement for the CSRB to USARC in good faith.  The transmission receipt shows his fax was successful. 

4.  A few of the written inquiries in the WEBS beginning in June 2008 through November 2009 appear to have either no response or a response that did not pertain to the information requested.  

5.  As a result, it does not appear that the applicant intentionally ignored messages pertaining to the submission of a properly-executed written agreement. 

6.  Notwithstanding the advisory opinion from USARC, which states the applicant failed to execute a properly-prepared contract and failed to communicate, it would be in the interest of equity to grant the applicant the requested relief based on his good faith efforts to comply with the requirements for the bonus. 

7.  As such, his records should be corrected as recommended below.

BOARD VOTE:

____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:



   a.  showing he executed a properly prepared CSRB, USAR CPT written agreement for $20,000 on 30 June 2009; and
	
	b.  paying him the $20,000 CSRB.




      _______ _   _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)                                         AR20100016796





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ABCMR Record of Proceedings (cont)                                         AR20100016796



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