IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110023934 


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 correction of his military records to show entitlement to a critical skills retention bonus (CSRB) as an aviator.

2.  The applicant states, in effect, that he was denied a CSRB because he was an aviator in military specialty 15B (Utility Helicopter Pilot) working in a position that required a military specialty of 15C (C-12 Pilot).  He contends that both specialties were offered a CSRB and that both specialties are used interchangeably worldwide in the Army.  He is currently deployed to Iraq and working in a 15B position.

3.  The applicant provides copies of:

* All Army Activities (ALARACT) Message 007/2008, date/time group 182327Z January 2008
* a portion of his Statement of Service concerning his option for CSRB
* Orders C-11-920892, U.S. Army Human Resources Command, St. Louis, (HRC-STL), dated 13 November 2009
* Memoranda dated 19 November 2009 and 11 February 2010 requesting CSRB and disapproving the request
* Memorandum dated 8 February 2011, from an Active Guard Reserve (AGR) Assignments Officer
* Orders 11-222-00008, 11th Aviation Command, dated 10 August 2011
* 20 pages of email communications between October 2008 and       October 2011

CONSIDERATION OF EVIDENCE:

1.  At the time his application, the applicant was deployed to Iraq as a U.S. Army Reserve (USAR) AGR officer in the rank of captain.  He held aviator specialties 15B and 15C.

2.  ALARACT Message 007/2008, date/time group 182327Z January 2008:

	a.  provided policy guidance for implementing new CSRB for USAR officers;

	b.  stated the purpose of the policy was to retain qualified commissioned officers who possessed critical skills; and

	c.  included both 15B and 15C aviation specialties.

3.  The applicant's Statement of Understanding signed on 13 November 2009 indicates that:

	a.  he understood each of the requirements for CSRB;

	b.  a service representative certified that the applicant had met the eligibility requirements for CSRB;

	c.  a witness signed the statement verifying that he had seen the reading and signing of the document by the applicant and certifying representative; and

	d.  his CSRB was for $20,000 in specialty 15B.

4.  Orders C-11-920892, HRC-STL, dated 13 November 2009, released the applicant from the Individual Ready Reserve (IRR) and assigned him to the Corps Support Airplane Company located in Praire, Texas.

5.  Item 34 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant was assigned to Corps Support Airplane Company as a 15C on or about 13 November 2009.

6.  On 11 February 2010, the Deputy Chief of Staff, G-1 (Personnel Officer), Headquarters, U.S. Army Reserve Command (USARC), disapproved the applicant's request for an exception to policy for the CSRB.  The disapproval was based on the applicant being assigned in a 15C position vice his 15B specialty.

7.  On 8 February 2011, the AGR Assignments Officer, HRC-STL stated in a Memorandum for Record that when the applicant had joined the Corps Support Airplane Company it did not have any commissioned officer positions coded for 15B.  All of the unit's positions were coded as 15C but were being manned by officers in specialty 15B.  The author further stated that the applicant was not at fault for his being assigned outside of specialty 15B.

8.  Orders 11-222-00008, 11th Aviation Command, dated 10 August 2011, ordered the applicant to active duty in specialty 15B, with a reporting date of 
27 August 2011.  He was immediately assigned for duty in Iraq.

9.  On or about 20 November 2011, the applicant departed Iraq.  On 
28 December 2011, he was released from active duty.  He had completed 
4 months and 2 days of creditable active duty service during this period.

10.  In the processing of this application, an advisory opinion was obtained from the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1, Washington DC.  The opinion stated that the applicant:

	a.  was qualified in specialty 15B and was eligible for the CSRB at the time of its offering and his signing of the agreement;

	b.  was placed in a position coded for 15C on 13 November 2009 and has remained so assigned except for a 4-month period in Iraq when he served in  specialty 15B;

	c.  held specialty 15B from 2 July 2009 through 25 November 2011 even though he was assigned to positions coded for 15C;

	d.  must serve for 3 years in the eligible specialty, but does not have to be assigned to a position, or positions coded with the same specialty; and

	e.  recommended approval of CSRB for the applicant.

11.  On 29 January 2012, the applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show entitlement to a CSRB of $20,000 in specialty 15B, because he was not at fault for being assigned in a different specialty.

2.  The evidence of record clearly shows that the applicant held both specialty 15B and 15C simultaneously.  Furthermore, it appears that officers with these aviation specialties are routinely assigned interchangeably between them.
3.  The intent of the CSRB is to provide an incentive to retain officers with critical aviation skills in specialties 15B and 15C.  Both specialties were listed on the policy implementation message.

4.  The advisory opinion clearly stated that the applicant had met the qualifications for the CSRB.  Therefore, he should be paid his bonus.

5.  In view of the above the applicant's request should be approved.

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 was fully qualified for CSRB in specialty 15B, and

	b.  paying him all monies due him in accordance with his CSRB agreement.




      _________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)                                         AR20110023934





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ABCMR Record of Proceedings (cont)                                         AR20110023934



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