IN THE CASE OF:	  

		BOARD DATE:	    17 November 2011

		DOCKET NUMBER:  AR20110016285 


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 his Critical Skills Retention Bonus (CSRB) Written Agreement be reviewed and corrected.

2.  The applicant states the CSRB paperwork and contract were erroneously signed and dated 3 days too early.  This mistake was an inadvertent oversight and was not intentional, malicious, or fraudulent in nature.  The battalion S-1 (Personnel) prepared his CSRB paperwork and told him to sign on the date he was eligible.  However, the date was misread by the S-1 and the written agreement was signed on 22 August 2008, 3 days prior to his actual eligibility date.  He could have signed on any of the days on or after 25 August 2008 through the date he returned from deployment on 6 April 2009 and he would have still been eligible to receive the CSRB.  He has fulfilled his obligation in accordance with the CSRB Written Agreement.

3.  The applicant provides:

* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* his Officer/Warrant Officer Written Agreement – Army Reserve Components (RC) Critical Skills Retention Bonus (CSRB)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from Headquarters, 1st Battalion, 244th Assault Helicopter Regiment, Hammond, LA, dated 17 March 2011
* a memorandum from Departments of the Army and Air Force, Joint Force Headquarters-Louisiana, Office of the Adjutant General (Louisiana Army National Guard (LAARNG)), dated 18 March 2011
* a memorandum from NGB, dated 20 March 2011

CONSIDERATION OF EVIDENCE:

1.  He was commissioned as a second lieutenant/pay grade O-1 in the LAARNG on 25 August 2002.  He was promoted to captain/pay grade O-3 on 21 December 2006.

2.  On 24 March 2008, he was ordered to active duty in support of Operation Iraqi Freedom effective 16 April 2008.  He served in Iraq from 18 June 2008 to 6 April 2009.

3.  On 22 August 2008, he signed an Officer/Warrant Officer Written Agreement – Army Reserve Components (RC) Critical Skills Retention Bonus (CSRB).

	a.  He acknowledged he had 6 or more years and not more than 12 years of commissioned service from his date of commission.

	b.  He agreed to continue to serve in the area of concentration designated as a critical skill for a period of 3 years from the date of the written agreement in order to receive a CSRB in the amount of $20,000.00.

4.  On 16 April 2009, he was released from active duty to his LAARNG unit.

5.  On 17 March 2011, his unit commander requested an exception to policy to allow him to keep his CSRB.  He stated the battalion S-1 misread the applicant's eligibility date and had him sign the CSRB addendum 3 days prior to having 6 years of commissioned service.  He stated the applicant is a great asset to the LAARNG.  He has served honorably and has abided by and fulfilled his service obligation as stated in the CSRB addendum.  He requested that because the discrepancy was solely an oversight by the S-1 personnel and no fault of the Soldier, an exception to policy be granted so he can receive the second half of his CSRB and that the first portion of his CSRB not be recouped.

6.  On 18 March 2011, the LAARNG Adjutant General requested an exception to policy to allow the applicant to receive final payment of the CSRB.  He had already received his first payment of $10,000.00 for this bonus.  To be eligible for the CSRB, he was required to have a minimum of 6 years of commissioned service.  Due to the S-1 for the 244th Aviation Command having misread his eligibility date, the applicant signed the CSRB addendum 3 days before he met the 6-year requirement.

7.  On 20 March 2011, NGB denied the LAARNG request for an exception to policy to allow the applicant to retain the CSRB incentive.  After a review of all substantiating documentation, NGB determined the CSRB Addendum the applicant signed is invalid and he is ineligible to retain the $20,000.00 CSRB.  NGB also stated the applicant could file an application with the Army Board for Correction of Military Records.

8.  He was promoted to major/pay grade O-4 effective 1 September 2011.

DISCUSSION AND CONCLUSIONS:

1.  His claim for entitlement to a CSRB in the amount of $20,000.00 was carefully considered and was found to have merit.

2.  He signed the CSRB Written Agreement provided by the battalion S-1 in good faith that he was entitled to receive the bonus.  He completed the 3-year obligated service requirement and continues to serve in the LAARNG.  He should not be penalized for the S-1's error by having him sign the written agreement 3 days prior to having 6 years of commissioned service.

3.  Therefore, as matter of equity, it would be appropriate to change the date he signed his CSRB Written Agreement to 25 August 2008, the date he met the 
6-year commissioned service requirement.  As a result of the correction he should be reimbursed any recoupment of his initial payment of the CSRB.  He should be paid any subsequent payments in accordance with the terms of his CSRB Written Agreement.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:
* 
changing the date he signed his Officer/Warrant Officer Written Agreement – Army RC CSRB to 25 August 2008
* showing he is eligible for payment of the CSRB in accordance with the terms of the CSRB Addendum
* reimbursing any previous recoupment of his initial payment of the CSRB
* paying out of Army National Guard funds any monies due 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)                                         AR20110016285



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ABCMR Record of Proceedings (cont)                                         AR20110016285



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