BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110014770
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 the remainder of his Critical Skills Retention Bonus (CSRB) in the amount of $10,000.00.
2. The applicant states he contracted for the CSRB while deployed in support of Operation Iraqi Freedom (OIF) and he was subsequently denied his anniversary payment of $10,000.00 because he never became qualified in the area of concentration (AOC) of 11A (Infantry Officer). He goes on to state he deployed to Iraq in 2007 as a commander in AOC 19C (Cavalry). He further states he served as the commander of Headquarters and Headquarters Troop,
1st Battalion, 158th Cavalry Regiment of the Maryland Army National Guard (MDARNG). He also states the unit deployed as an infantry company in lieu of a cavalry unit and upon release from active duty (REFRAD) the company was reverted back to a cavalry unit. He continues by stating that before, during, and after post-deployment his position was that of a 19-series officer and in his reading of his CSRB it was determined he was qualified for the retention bonus because 19C is similar to 19B (Armor).
3. The applicant provides a copy of the CSRB addendum and the denial of his request for an exception to policy by the National Guard Bureau (NGB).
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a staff sergeant in the MDARNG when he was appointed as a second lieutenant in the MDARNG on 17 June 2001. He was
promoted to the rank of first lieutenant on 18 December 2003 and on
26 February 2005 he was awarded primary AOC 19C and secondary AOC 19A (Armor, General).
2. He was ordered to active duty in support of OIF on 9 June 2007 and he was promoted to the rank of captain (CPT) on 9 June 2007. He deployed to Iraq on
9 September 2007 and on 14 February 2008 he signed a CSRB agreement for payment of $20,000.00 for a period of 3 years.
3. He departed Iraq on 2 March 2008 and he was honorably released from active duty (REFRAD) on 16 March 2008. He was paid $10,000.00 of the CSRB on 24 April 2008.
4. On 18 April 2011, the NGB denied the applicants request for an exception to policy to retain the CSRB. The basis for the NGBs denial was that the applicant was deployed in an 11A position and he never became qualified in that skill and he was never Federally Recognized in AOC 11A. The NGB also indicated the applicant was not qualified for any AOCs listed in the CSRB AOC List. Accordingly, he was not entitled to retention of the CSRB incentive.
5. A review of the applicants official records failed to reveal a copy of the applicants CSRB contract or any documents associated with the bonus agreement.
6. Department of Defense Instruction (DODI) 1304.29 dated 15 December 2004 prescribes the administration of the CSRB. It provides, in pertinent part, that the CSRB for captains in a critical AOC is up to $20,000.00 for a 3-year commitment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to payment of the remainder of his CSRB in the amount of $10,000.00 has been noted and appears to lack merit.
2. The available evidence suggests the applicant committed to a CSRB in an AOC for which he was not qualified. Additionally, he was not qualified in any other AOC that was listed on the critical AOC list at the time. However, for reasons that are not present in the available records, he was allowed to enter into a contract for which he was not eligible.
3. Therefore, in the absence of evidence to show otherwise, it does not appear that he is eligible to receive a CSRB payment.
4. In view of the foregoing, there is no evidentiary basis for granting the applicant's requested relief.
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) AR20110014770
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014770
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