IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100022360
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 payment of his critical skill retention bonus (CSRB).
2. The applicant states he received a CSRB in March 2008. However, his unit, the 99th Regional Readiness Command (RRC), was deactivated in February 2010. He was contacted by officials at the Pacific Command (PACOM) and he was offered a 92A (Quartermaster - General) position in the PACOM Deployment and Distribution Operations Center (PDDOC). His bonus was then rescinded and his pay was garnished. He feels the bonus should be reinstated because he is still serving his country in a critical skill area of concentration (AOC). It is not his fault that the unit had deactivated. His contract stipulated that a member would not voluntarily leave the unit; his transfer was not voluntary. He complied with the requirements of the bonus.
3. The applicant provides his Reserve Component (RC) Officer CSRB Written Agreement.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a U.S Army Reserve (USAR) commissioned officer in the rank of second lieutenant and he executed an oath of office on 11 May 2002.
2. He entered active duty for training (ADT) on 28 September 2002 and he completed the Quartermaster Officer Basic Course. He was released from ADT on 29 January 2003.
3. He entered active duty on 11 July 2004 and he was promoted to first lieutenant on 11 June 2004. He was honorably released from active duty on 10 July 2007.
4. On 11 July 2007, he was assigned to the 90th RRC, North Little Rock, AR, in AOC 92A (Transportation and Services Officer).
5. On 5 August 2008, he executed an RC Officer CSRB Written Agreement that promised him a $20,000.00 CSRB by agreeing to serve in an AOC designated as a critical skill for a period of 3 years. He acknowledged that he understood if he was involuntarily transferred to another Selected Reserve (SELRES) unit within his component because of unit transition, his entitlement to bonus payment would continue. The bonus would be terminated if he voluntarily did not complete the term of obligated service in the designated critical skill for which the bonus was paid.
6. On 22 January 2010, he was voluntarily reassigned from his Troop Program Unit (TPU) to an Individual Mobilization Augmentee (IMA) unit, the U.S. Army Element, Headquarters, PACOM, Camp Smith, HI.
7. During the processing of this case, an advisory opinion was obtained from the U.S. Army Reserve Command (USARC), Deputy Chief of Staff, G-1. The advisory official recommended disapproval of the applicant's request. He stated the CSRB was authorized for officers serving in selected AOC specialties in an Army TPU. Upon the applicant's election to transfer to the U.S. Army Element, Headquarters, PACOM, an IMA unit, his bonus was terminated as he was no longer serving in a TPU which is a critical element of his bonus criteria. Had he transferred to another TPU due to the inactivation of the 90th RRC, he would have retained his eligibility for the bonus.
8. On 24 May 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant signed an agreement that promised him payment of a $20,000.00 bonus in exchange for serving in a critical AOC in a TPU. Service in the TPU is a critical element of the bonus criteria. When his unit deactivated, he elected to transfer to an IMA unit. Had he chosen to transfer to another TPU, he would have remained eligible for the bonus. He did not do so. As such, he should not be allowed to profit from an agreement that he did not fulfill.
2. In view of the foregoing, the applicant's requested relief 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) AR20100022360
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ABCMR Record of Proceedings (cont) AR20100022360
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