IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002515 


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 record to show entitlement to a $10,000.00 Officer Affiliation Bonus (OAB) or a $15,000.00 Critical Skills Retention Bonus (CSRB).

2.  The applicant states in two separate decisions (23 February 2010 and
10 January 2012) the Army Board for Correction of Military Records (ABCMR) granted him relief.

	a.  In the first case, the ABCMR directed his records be reviewed by a Special Selection Board (SSB) for promotion to the rank/grade of captain (CPT)/O-3.  As a result, his date of rank (DOR) for CPT was adjusted from 25 March 2010 to
9 July 2009.

	b.  In the second case, his DOR for CPT was adjusted from 9 July 2009 to
24 February 2009.

	c.  Due to the fact that his records were in error with respect to his rank, he was not eligible to apply for an OAB or CSRB when he joined a U.S. Army Reserve (USAR) Troop Program Unit (TPU) on 9 July 2009.

	d.  Subsequent to his records being corrected, he requested either an OAB or CSRB, as an exception to policy.  However, his requests were denied.


	e.  He states he was assigned to a 01A (Branch Immateriel) CPT position upon joining his USAR TPU.  Had he been promoted to CPT on time, he would have requested an O-3, 74A (Chemical, Biological, Radiological, and Nuclear (CBRN)) position to qualify for an OAB or CSRB during his initial recruitment.
He adds he has been branch qualified in specialty 74A since 17 December 2004.

3.  The applicant provides copies of his OAB/CSRB bonus request and the corresponding policy memoranda.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard of the United States and Pennsylvania Army National Guard (PAARNG) on 22 January 2001 for a period of 8 years.

2.  He was appointed as a second lieutenant in the Chemical Corps on 3 April 2004.

3.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Chemical Officer Basic Course on 17 December 2004.

4.  National Guard Bureau (NGB) Special Orders Number 88 AR, dated 4 April 2006, extended the applicant Federal recognition for the purpose of promotion to first lieutenant (1LT), effective 3 April 2006.

5.  A DA Form 1059 shows the applicant completed the Chemical Captain's Career Course (Phase V) on 2 August 2008.

6.  Orders A-10-819596, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 2 October 2008, as amended, ordered the applicant to active duty on 14 October 2008 for a period of 365 days for the purpose of contingency operation for active duty operational support (CO-ADOS) in support of Operation Enduring Freedom (OEF).  The orders show he was to perform special work in his current reserve grade.

7.  Orders 331-999, issued by the Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, dated 26 November 2008, as amended by Orders 026-1001, issued by the same office, dated 26 January 2009, transferred the applicant from the PAARNG to the USAR Control Group (Individual Ready Reserve (IRR)), effective 26 November 2008.


8.  An Officer Evaluation Report (OER) for the period 8 July 2008 through 7 July 2009 shows the applicant was assigned to the 87th USAR Support Command,
A Company, Mobilization Readiness Battalion (MRB), Fort Dix, NJ and that he served as the Executive Officer in Area of Concentration (AOC) 01A.  The applicant's rater rated his performance and potential as "Outstanding Performance, Must Promote" and the senior rater rated his promotion potential as "Best Qualified."

9.  Orders C-07-912793, issued by HRC, St. Louis, dated 9 July 2009, transferred the applicant from the USAR Control Group (IRR) and assigned him to 2nd Battalion, 309th Regiment Combat Support/Combat Service Support (CS/CSS), Fort Dix, effective 9 July 2009.

10.  Orders A-06-917455, issued by the same command, dated 17 June 2009, as amended, ordered the applicant to active duty on 14 October 2009 for a period of 242 days for the purpose of CO-ADOS in support of OEF.

11.  Orders B-04-002094, issued by the same command, dated 23 April 2010, promoted the applicant to CPT, effective 25 March 2010.

12.  ABCMR Record of Proceedings in Docket Number AR20090010259, dated
23 February 2010, show:

	a.  Orders 352-1001, issued by the Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, dated 18 December 2009, amended Orders 331-999, dated 26 November 2008, to show the applicant was transferred to the USAR Control Group (IRR), effective 12 October 2008.

	b.  Based on the amendment of the date of the applicant's transfer to the USAR, the ABCMR directed the applicant's record be reviewed by an SSB under the Fiscal Year (FY) 2009 criteria for the CPT Promotion Selection Board.

13.  An OER for the period 8 July 2009 through 31 May 2010 shows the applicant was assigned to the MRB, Army Support Activity (ASA), Fort Dix, and he served as the Officer in Charge (OIC), Mobilized Unit Inprocessing Center (MUIC) at the Joint Readiness Center (JRC) site in AOC 42B (Personnel Systems Management).  The applicant's rater rated his performance and potential as "Outstanding Performance, Must Promote" and the senior rater rated his promotion potential as "Best Qualified."


14.  Orders A-06-016795, issued by HRC, St. Louis, dated 4 June 2010, as amended, ordered the applicant to active duty on 13 June 2010 for a period of 365 days for the purpose of CO-ADOS in support of OEF.

15.  An OER for the period 1 June 2010 through 31 May 2011 shows the applicant was assigned to Headquarters and Headquarters Company, MRB, ASA, Fort Dix, and he served as the OIC, MUIC at the JRC site in AOC 42B.  The applicant's rater rated his performance and potential as "Outstanding Performance, Must Promote" and the senior rater rated his promotion potential as "Best Qualified."

16.  Orders B-04-002094R, issued by HRC, St. Louis, dated 2 November 2010, revoked Orders B-04-002094 that promoted the applicant to CPT effective
25 March 2010.

17.  Orders B-11-006694, issued by the same command, dated 2 November 2010, promoted the applicant to CPT effective 9 July 2009.

18.  ABCMR Record of Proceedings in Docket Number AR20100028973, dated
10 January 2012, show:

	a.  The Board determined the applicant was assigned to A Company (Mobilization), MRB as the Executive Officer in a CPT/O-3 position and that he served in the position from 14 October 2008 through 8 July 2009.  As a result, the Board concluded he was fully qualified for promotion on 24 February 2009, the approval date of the 2009 CPT Army Promotion List.

	b.  The ABCMR directed the applicant's records be corrected to show his DOR and effective date for promotion to CPT was 24 February 2009.

19.  Orders B-11-006694A01, issued by HRC, St. Louis, dated 14 March 2012, amended Orders B-11-006694, dated 2 November 2010, to show the applicant was promoted to CPT effective and with a DOR of 24 February 2009.

20.  In support of his application, the applicant provides the following documents:

	a.  Memorandum for Record, subject:  Exception to Policy - CSRB, dated
8 June 2011, with command endorsements, dated 16 June, 26 August, and
10 November 2011, that recommend approval of the applicant's request based on the ABCMR decision that corrected his records to show he was promoted to CPT on 9 July 2009.

	b.  U.S. Army Reserve Command (USARC), Fort Bragg, NC, memorandum, subject:  Exception to Policy, dated 10 January 2012, that disapproved the applicant's request for CSRB based on the fact that he was not assigned to a valid position at the time.

	c.  Memorandum for Record, subject:  CSRB/OAB Exception to Policy, dated 17 January 2012, wherein the applicant explained he was requesting retroactive approval of the bonus based on the ABCMR's decision to correct his DOR and effective date of promotion to CPT to 9 July 2009.

		(1)  He acknowledged he was not in a valid CPT position at the time because he was slotted as a 1LT (his rank at the time).  However, had he been promoted on time, he would have sought a USAR TPU vacancy as a 74A (O-3).

		(2)  He adds his request should be considered based on the retroactive correction of his records rather than his rank and the corresponding duty position he was assigned to at the time.

21.  USARC, Fort McPherson, GA, memorandum, subject:  FY 2007 2nd Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 May 2007 through 30 September 2007, dated 24 April 2007, authorized the SRIP and provided information.  It shows that an OAB rate of $10,000.00 for a 3-year commitment was authorized for officers affiliating into a 01A, 02A, 03A, or 05A position.  The officer had to possess an AOC on the SRIP List or agree to reclassify into a new AOC on the SRIP.

22.  Office of the Under Secretary of Defense (OSD), Washington, DC, memorandum, subject:  CSRB, USAR - CPT CSRB, dated 12 December 2007, approved the Army request to pay USAR captains who execute a written agreement to serve in an active status for not less than 3 years in certain AOC fields designated as critical for CSRB purposes.

	a.  It shows that AOC 74A was designated for CSRB purposes for USAR captains at a rate of $15,000.00.  (It also shows AOC 42B was designated for USAR captains at a rate of $20,000.00)

	b.  The Army was authorized to target eligible officers using programmed funding for FY 2008 and bonuses paid in FYs 2009 and 2010 would be subject to funding availability.

23.  USARC, Fort McPherson, GA, memorandum, subject:  Army Reserve Implementation Guidance for the CSRB – Army Reserve for Captains, dated
29 February 2008, shows the purpose of the program was to retain qualified captains possessing the critical skills to meet critical manpower shortages in the Army Reserve.

	a.  It shows Army Reserve captains eligible under the CSRB must:

* not be under an agreement for an OAB
* have completed their Statutory Military Service Obligation
* not attain or exceed 25 years of service during the bonus agreement period
* possess a critical skill on the OSD approved list
* be AOC qualified and assigned against a valid position vacancy on the Unit Manning Report
* agree to waive a stabilization period and mobilize with their current unit, if required, regardless of previous mobilization or deployments

	b.  It shows that eligible captains were to be identified by an automated process based upon eligibility criteria and notified by email when they were eligible.

	c.  Upon completion of the application and written agreement, the application would be processed and approved for payment by the Army Reserve G-1.

24.  Department of Defense, Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 56 (Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses) states:

	a.  Paragraph 560102 (OAB) provides the conditions of entitlement and shows the Secretary concerned may pay an affiliation bonus to an eligible officer who enters into an agreement with the Secretary to serve for a specified period in the Selected Reserve of the Ready Reserve.  The officer must enter into an agreement: 

		(1)  to serve in a critical officer skill designated by the Secretary concerned;

		(2)  to meet a manpower shortage in a: 

		(a)  unit of that Selected Reserve; and

		(b)  particular pay grade in that Military Department.

	b.  An officer is eligible for an affiliation bonus under this section if the officer either:

		(1)  serves on active duty for a period of more than 30 days;

		(2)  is a member of a Reserve Component (RC) not on active duty, and if the member formerly served on active duty, then was released from active duty under honorable conditions; and

		(3)  is not entitled to retired or retainer pay.

	c.  The Secretary concerned will designate for an Armed Force under their jurisdiction the critical officer skills to which the bonus authority under this subsection is to be applied.  A skill may be designated as a critical officer skill for an Armed Force if it is critical for that Armed Force to have a sufficient number of officers who are qualified in that skill. 

	d.  Paragraph 560103 provides that an agreement entered into with the Secretary concerned under this paragraph will require the person entering into that agreement to serve in the Selected Reserve for a specified period.  The period specified in the agreement will be any period not less than 3 years that the Secretary concerned determines appropriate to meet the needs of the RC in which the service is to be performed.

25.  DA Pamphlet 611-21 (Military Occupational Classification and Structure) provides procedures and prescribes the methods of developing, changing, and controlling officer, warrant officer, and enlisted military occupational classification structure (MOSC).

	a.  Chapter 2 (Officer Classification System) shows that MOSC 01A is used to identify branch immaterial positions.

	b.  Chapter 3 (Specifications for Branches/Functional Areas (FA)) shows:

* Adjutant General Corps:  FA 42 and AOC 42B (Personnel Systems Management)
* Chemical Corps:  FA 74 and AOC 74A (Chemical, General)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show entitlement to a $10,000.00 OAB or a $15,000.00 CSRB because his records were in error at the time he transferred into his USAR TPU, which precluded him from applying for an OAB or CSRB.  However, his records were subsequently corrected and he would have been eligible for either an OAB or CSRB.

2.  Records show the applicant completed his military statutory obligation on
21 January 2009.  Records also show he was fully qualified for promotion to CPT in AOC 74A when he completed the Chemical Captain's Career Course on
2 August 2008.

3.  The evidence of record shows the applicant was ordered to active duty on
14 October 2008, assigned (as a 1LT) to a USAR TPU in an 01A (O-3) position effective 9 July 2009, and he held AOC 74A.

	a.  He was mobilized and served as the OIC (O-3), MUIC at the JRC site in AOC 42B (a CSRB AOC) from 9 July 2009 through 31 May 2011 and he received outstanding OERs during the aforementioned period.

	b.  He was promoted to CPT on 25 March 2010.  His records were corrected on 2 November 2010 to show he was promoted to CPT effective 9 July 2009.  (On 10 January 2012, his records were further corrected to show he was promoted to CPT effective February 2009.)

4.  The evidence of record shows that (for the CSRB) eligible captains were to be identified by an automated process based upon eligibility criteria and notified by email when they were eligible.  Upon completion of the application and written agreement, the application would be processed and approved for payment by the Army Reserve G-1.

	a.  The applicant was AOC 74A qualified when he was assigned against a valid (AOC 42B) position when he mobilized with his unit on 9 July 2009.

	b.  AOC 74A and AOC 42B were both designated for CSRB purposes for USAR captains.

	c.  However, the applicant was not notified of his eligibility for CSRB in AOC 74A because, at the time, his military records (due to no fault of his own) were in error.  Specifically, his records were showing his rank as 1LT.

	d.  As such, the applicant was not afforded the opportunity to affiliate with a USAR TPU as a CPT (in AOC 74A) or apply for either the OAB or CSRB.

5.  The applicant's contention has merit.  It is reasonable to presume that had his records been correct at the time he affiliated with a USAR TPU, he would have been assigned to an AOC 74A position as a CPT.  In addition, he would have been notified of his eligibility for a CSRB.

6.  While the applicant did not complete a written agreement to serve a minimum of 3 years for an OAB or CSRB, this is not the overriding issue in this case.

	a.  The applicant was qualified in AOC 74A and, despite the fact that he was not offered the opportunity to serve in his AOC, he mobilized and served in an
O-3 position in a CSRB AOC (42B) for nearly 2 years.  Moreover, he has continued to serve in his USAR TPU as a CPT in AOC 74A.

	b.  The evidence of record shows that USAR captains eligible under the CSRB must not be under an agreement for an OAB.

7.  In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was approved for a CSRB in AOC 74A, effective 9 July 2009, and that he satisfied the requirements for entitlement to a $15,000.00 CSRB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the Army Reserve G-1 approved the applicant for a CSRB in AOC 74A, effective 9 July 2009, in the amount of $15,000.00;

	b.  showing he satisfied the requirements for entitlement to a $15,000.00 CSRB; and

	c.  paying him the CSRB specified for AOC 74A.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains payment of an Officer Affiliation Bonus.



      ___________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)                                         AR20120002515



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ABCMR Record of Proceedings (cont)                                         AR20120002515



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