IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110005750
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 Skills Accession Bonus (CSAB) of $20,000.00.
2. The applicant states his application for payment of his CSAB was delayed because he was in school and deployed during the period it was due. Additionally, his unit incorrectly submitted a request for Critical Skills Retention Bonus instead of a CSAB which caused his paperwork to be delayed and he had only an 11-day window to get his request in. However, the U.S. Army Human Resources Command (HRC) denied his request because they believed he was trying to take advantage of the tax exemption status. However, his unusual circumstance at the time was the real reason.
3. The applicant provides a copy of his request for payment of his CSAB and the denial by the HRC and copies of his school completion documents.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the Regular Army in the rank of Chief Warrant Officer Three (CW3) as an aviator when he migrated to the Military Intelligence (MI) branch in 2007.
2. He attended the Human Intelligence Collector Course at Fort Huachuca, AZ from 10 December 2007 through 26 June 2008.
3. He attended the Human Intelligence Certification Course from 30 June through 19 September 2008 and the MI Warrant Officer Advanced Course from
6 October through 3 November 2008 at Fort Huachuca. Meanwhile, on
16 September 2008, officials at the course provided the applicant his application for his CSAB, which had to be submitted no later than 30 September 2008. However, his application could not be processed at Fort Huachuca because the applicant was a member of the Great Skills Division (GSD) and it had to be forwarded to his headquarters for processing.
4. He attended additional courses from November to December 2008, January 2009, and from February to March 2009. He deployed from April to October 2009.
5. Meanwhile, his application was incorrectly processed as a Critical Skills Retention Bonus instead of a CSAB and it was returned for resubmission to the GSD. His request was resubmitted as an exception to policy and on 9 October 2010, HRC denied his request based on his request not meeting the 30 September 2008 deadline and that he had delayed submitting his application in order to take a tax advantage that applied to deployed individuals.
6. A review of the applicant's CSAB application shows he completed the requirements for payment of a CSAB by completing the training in a critical skill that was listed in the message announcing the CSAB prior to the announced
cut-off date of 30 September 2008.
7. Military Personnel (Milper) Message Number 07-348, issued on 17 December 2007, updated the MI Warrant Officer CSAB Program. It provided, in pertinent part, that the program would continue until 30 September 2008. Warrant officers who signed a CSAB agreement and who are technically certified upon completion of the warrant officer basic course by 30 September 2008 will be paid a lump sum amount of $20,000.00.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was unjustly denied his CSAB has been noted and appears to have merit.
2. At the time he received his bonus paperwork he had only 11 days to process the paperwork to the HRC. However, unlike the other students in his class who were allowed to have the school officials process their paperwork, the applicant
was required to forward his paperwork to the GSD of his command which caused the applicant to miss the deadline for application to HRC.
3. While there is no doubt that he missed the deadline, it does not appear that it was through any fault of the applicant. Additionally, it does not pass the common sense test that an individual would risk losing a $20,000.00 knowing there was a deadline to meet.
4. In any event, the applicant fulfilled all of the requirements necessary to receive the CSAB and it appears to be inherently inequitable and unjust to deny him a bonus that he otherwise would have received had he been able to process his application along with the other students in his class at the school instead of forwarding it to his command.
5. Therefore, the applicants record should be corrected to show that he applied for his CSAB in a timely manner and is entitled to receive his $20,000.00 bonus at this time.
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 timely applied for his $20,000.00 CSAB.
b. showing his CSAB application was properly received and processed by the appropriate office; and
c. paying him his $20,000.00 CSAB, less applicable taxes.
__________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) AR20110005750
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005750
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013345
After he received the first $10,000.00, he assumed all of the documentation for the CSRB anniversary payment was on file at both the unit and the State Incentive Office. The applicant signed a CSRB agreement with the UTARNG on 25 February 2008 in critical AOC 15B. Although an exception to policy was requested, the request for payment of the second installment of the CSRB in the amount of $10,000.00 was subsequently denied by NGB because the working copy of the CSRB agreement was filed in...
ARMY | BCMR | CY2014 | 20140021496
The applicant requests an exception to policy (ETP) for payment of the remaining $10,000.00 of his Critical Skills Retention Bonus (CSRB) and relief from recoupment of the portion already paid. The applicant states: * he was in an eligible position and eligible for the CSRB in 2008 and the necessary documents were sent to his headquarters and he was paid the first half of the bonus * he inquired about the unpaid portion of the bonus years later and he was informed that a records review was...
ARMY | BCMR | CY2012 | 20120004283
The applicant states he was granted the bonus and received the first installment of the of it in 2008. The applicant inquired about the second half of his bonus and was advised that there was no record of his CSRB agreement documentation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing a completed the CSRB written agreement dated 5 August 2008 was properly filed in his records; and b. directing DFAS to pay...
ARMY | BCMR | CY2012 | 20120006943
In connection with the applicant's enlistment, he and his enlisting official signed Annex E to his DD Form 4 on 12 June 2008. The advisory official stated the NGB denied payment of the applicant's enlistment incentives because of a late bonus control number. As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by: a. showing he was issued an Annex E to DD Form 4 for the NPS Critical...
ARMY | BCMR | CY2012 | 20120003056
The applicant requests correction of his military records to show entitlement to a Critical Skills Retention Bonus (CSRB) in area of concentration (AOC) 13A (Field Artillery). (1) It shows: * eligible applicants were offered the CSRB under the Selected Reserve Incentive Program CSRB Guidance for Fiscal Year (FY) 2008 (effective 1 February 2008 through 1 March 2009) * according to the applicant and a witness, a CSRB Addendum was initiated and signed on 5 June 2008 * a search of the...
ARMY | BCMR | CY2014 | 20140003483
The applicant states: * his CSRB was denied * he wants his CSRB paid in full * he maintained area of concentration (AOC) 13A (Field Artillery, General) for the duration of the 3-year obligation in the contract * he was granted an exception to policy (ETP) for the 1-day difference in the date for the witness's signature * the Arizona Army National Guard (AZARNG) processed the bonus control number and paperwork for the bonus * he had no control over the negligent 9-month delay in processing 3....
ARMY | BCMR | CY2014 | 20140004405
The applicant requests correction of his records to show he was entitled to a $10,000 officer accession bonus (OAB). He submitted the ETP request for payment of the OAB and after a few weeks he received $4,000, which was the first half of the OAB. He provides and his record contains an OAB addendum wherein it stated: a.
ARMY | BCMR | CY2012 | 20120015768
The memorandum states: * On 20 November 2008 the applicant qualified for the CSRB in the amount of $20,000.00 * He met the criteria for the CSRB and was issued a bonus control number * His unit contacted that office to inquire about his second half of the incentive * Unfortunately that office could not assist him with his payment due to the working copy of his CSRB being placed into his records rather than the signed documents * The unit has recognized this error and has taken the necessary...
ARMY | BCMR | CY2015 | 20150003438
His record contains a National Guard Bureau (NGB) Form 600-7-3 (Reenlistment/Extension Bonus Addendum - ARNG of the United States (ARNGUS)), dated 18 March 2005, wherein it stated, in part: * he had no more than 16 years of total military service and he was reenlisting for 6 years * the addendum must be initiated and signed while in a combat zone to receive the tax-free option * the lump sum payment of $15,000 would be processed on the date his reenlistment took effect * he understood the...
ARMY | BCMR | CY2010 | 20100027878
BOARD DATE: 11 August 2011 DOCKET NUMBER: AR20100027878 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In connection with the applicant's enlistment, he and his recruiter signed Annex E (NPS Enlistment Bonus Addendum) to his DD Form 4 (Enlistment/Reenlistment Document). The applicant enlisted for a $20,000.00 NPS Enlistment Bonus on 23 September 2008 and training in critical skill MOS 52D, which converted to 91D on 1 October 2009. b.