BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110013298 


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 to show he is entitled to the Critical Skill Retention Bonus (CSRB) in the amount of $20,000 in accordance with the terms of his written agreement with the Maryland Army National Guard (MDARNG).  

2.  He states he signed the CSRB contract extending his obligation to the MDARNG for 3 years on 24 April 2008.  His contract was approved and he received his first payment of $10,000 with the second payment due upon completing the 3 years of service.  On 24 April 2011, he completed the 3 years of service, separated from the MDARNG, and transitioned to the Individual Ready Reserve (IRR).  He also states:

   a.  His initial request for the second payment of his CSRB was denied. 
   
   b.  On 28 April 2011, the MDARNG Education Services Officer submitted a request for payment of the CSRB as an exception to policy stating that the applicant signed his CSRB contract 1 month prior to being eligible.  It was explained that the applicant had an Officer Affiliate Bonus (OAFB) obligation that did not end until 24 May 2008.  Therefore, his CSRB contract should not have been initiated until 25 May 2008, at which time he would have been fully eligible. 

   c.  On 12 May 2011, the National Guard Bureau (NGB) denied the request for payment due to an exception to policy and stated he was ineligible for the CSRB, his contract was terminated, and he owes the Government $10,000.

3.  The applicant provides the following:

* Self-authored statement
* Two memoranda, subject:  Request for Exception to Policy, dated 28 April 2011
* Memorandum, subject:  Termination of Incentives, dated 9 June 2011
* Memorandum, subject:  Request for Exception to Policy for Retention of CSRB [Applicant], dated 12 May 2011
* Officer/Warrant Officer Written Agreement - Army Reserve Components (RC) CSRB
* Orders 073-017, dated 14 March 2011
* Special Orders Number 60 AR, dated 17 March 2011

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board show the applicant enlisted in the United States Army Reserve (USAR) on 26 June 1995.  He remained in the USAR until he was discharged and appointed as a commissioned officer on 27 May 2000.   

2.  His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 14 September 2000, showing he successfully completed the Quartermaster Officer Basic Course.  

3.  On 24 May 2005, he was granted Federal recognition in the MDARNG in the rank of first lieutenant.  

4.  On 24 April 2008, the applicant initialed and signed a Reserve Components (RC) Officer/Warrant Officer CSRB Written Agreement to continue to serve in a critical skill for 3 years.  This agreement entitled him to $20,000 in two payments of $10,000 each.  In Section X - Certification by Service Representative, the noncommissioned officer signed the form stating "I have verified the applicant meets the eligibility requirements and the Soldier's area of concentration (AOC) (section III) is currently eligible for CSRB."

5.  Orders 073-01, dated 14 March 2011, show he was honorably released from the ARNG effective 24 April 2011 and transferred to the USAR Control Group (Reinforcement). 

6.  On 28 April 2011, in a memorandum, the MDARNG, G-1, Fifth Regiment Armory, requested that the applicant be granted his second and final CSRB payment as an exception to policy.  This memorandum indicates the applicant signed for the CSRB 1 month prior to being eligible.  The applicant had an OAFB obligation that did not end until 24 May 2008.  Therefore, his CSRB should not have been initiated until 25 May 2008, at which time he would have been fully eligible.  

7.  On 28 April 2011, the Education Services Officer, Fifth Regiment Armory, also requested that the applicant be granted his second and final CSRB payment as an exception to policy.  It was reiterated that an error occurred, however, it was not on the part of the applicant and he should not be penalized.

8.  On 12 May 2011, the Chief, Education, Incentives and Employment Division, NGB, denied the request for payment of the CSRB incentive as an exception to policy.  The chief stated that in accordance with ARNG Implementation Guidance for the CSRB, dated 1 February 2008 - 1 March 2009, the applicant executed the CSRB Addendum on 24 April 2008 for the critical AOC skill of 90A.  He had been previously paid an OAFB.  CSRB policy stipulates that service members must have completed any contractual obligation as a result of participation in the officer accession or the affiliation bonus.  Therefore, after a review of all of the substantiating documents it was determined the CSRB Addendum the applicant signed was invalid and the applicant was ineligible to retain the $20,000 CSRB.

9.  On 9 June 2011, the applicant was notified by the MDARNG, Education Service Officer, that he had been terminated from CSRB participation effective 24 April 2008.  The Education Service Officer stated the applicant signed a $20,000 CSRB Addendum while still serving on a 3-year OAFB.  Therefore, the applicant was in debt to the Government in the amount of $10,000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show that he is eligible for payment of a $20,000 CSRB was carefully considered and determined to have merit.  

2.  The applicant's RC Officer/Warrant Officer CSRB Written Agreement shows the RC representative verified that he met the eligibility requirements and was eligible for the CSRB.  Although the available evidence shows he had an OAFB obligation until 24 May 2008 when he signed the addendum on 24 April 2008, he would have still met the requirements and been eligible for the CSRB a month later.  

3.  The available evidence shows that with the exception of the 30-day obligation left under the OAFB, he met and fulfilled the requirements of his CSRB Addendum.  He should not be penalized based on an error that was not fully under his control.  Therefore, notwithstanding the decision of NGB, it would serve the interest of equity and justice to correct his contract to show he is entitled to a $20,000 CSRB and payment according to the parameters of his contract.

4.  Additionally, since his separation orders show he was separated from the Army National Guard and transferred to the IRR effective 24 April 2011, it would be appropriate to amend these orders to show the effective date as 24 May 2011 instead.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  amending his 14 March 2011 orders to show he was transferred to the IRR effective 24 May 2011;

   b.  showing he executed and signed a CSRB Addendum on 25 May 2008 and he is fully entitled to payment of the $20,000 CSRB in accordance with the terms of his contract; 

	c.  having the Defense Finance and Accounting Service pay the applicant the CSRB from Army National Guard funds in accordance with his contract as a result of this correction.



      _______ _  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)                                         AR20110013298



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ABCMR Record of Proceedings (cont)                                         AR20110013298



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