DOCKET NUMBER:  AR20120002867 


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, payment of the remainder of his Critical Skills Retention Bonus (CSRB) in the amount of $10,000.00.

2.  He states, in effect:

	a.  In August 2008, he was made aware of a CSRB for the Medical Service Corps areas of concentration (AOC) 70B (Health Services Administration) and 70H (Health Services Plans, Operations, Intelligence, Security, and Training).  He began discussions with the Kansas Army National Guard (KSARNG) State Incentive Officer regarding his eligibility and how to proceed with the contracting process.  

   b.  Between August and November 2008 he was in contact with the State Incentive Officer who confirmed his eligibility.  The officer personnel representative confirmed the proper paragraph, line position, and availability in accordance with the terms and conditions of the CSRB contract.

   c.  It was determined he was eligible for the bonus.  He signed a 3-year CSRB in accordance with Unit and State Recruiting and Incentive personnel guidance on 20 November 2008.  

	d.  After he signed the contract he was paid the first installment of the CSRB in December 2008 with the final payment due upon completion of his contract on 20 November 2011.
	e.  Upon successful completion of the CSRB contract terms, he was contacted by the State Incentive Officer, on 23 November 2011, and informed there was a discrepancy with the CRSB.  He was told the final payment would not be distributed and he would have to submit a request for an exception to policy in order to prevent recoupment of the 2008 CRSB payment and gain approval for final distribution.

	f.  He submitted a sworn statement, a memorandum from his unit supporting his exception to policy, and other supporting evidence in December 2011.  On 30 January 2012, he was informed the exception to policy request was rejected.  

	g.  He agreed with the terms of the CSRB and accepted this offer in good faith.  He has fulfilled his obligations under the terms of the contract.

	h.  Upon return from deployment to Operation Iraqi Freedom in October 2009 he was not allowed to return to his pre-deployment unit because that unit did not meet the CSRB criteria.

	i.  He has served in AOC 70H in a Modified Table of Organization and Equipment (MTO&E) unit in accordance with the CSRB contract.

	j.  He believes he is entitled to the final bonus payment that was contractually agreed upon by both parties based on the guidance he was provided.

3.  He provides:

* Memorandum, Subject:  Notification of Incentive Discrepancy and Exception to Policy Process, dated 23 November 2011
* DA Form 2823 (Sworn Statement), dated 4 December 2011
* Memorandum, Subject:  Exception to Policy for Major (MAJ) (applicant's name), dated 23 December 2011
* Memorandum, Subject:  Exception to Policy on Behalf of MAJ (applicant's name), dated 12 January 2012
* Memorandum, Subject:  Request for Exception to Policy for Officer CSRB, (applicant's name), dated 27 January 2012
* An article from the Army Times 
* Electronic mail (email) correspondence






CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the KSARNG in the rank of MAJ.

2.  Following prior enlisted service, the applicant was appointed as a commissioned officer in the KSARNG on 26 April 2002.  He was granted Federal Recognition.  He was ordered to active duty for training (ADT) on 25 January 2003.  Upon completion of ADT, he was awarded AOC 70B.  

3.  His Officer Evaluation Report (OER) for the period covering 9 July 2006 through 8 July 2007 indicates he was performing duties as a Patient Administration Officer in AOC 70B during the period covered by the report.

4.  His service record indicates he completed the Health Services Plans, Operations, Intelligence, Security and Training course on 26 September 2008 in AOC 70H.  

5.  On 1 October 2008, he was ordered to active duty in support of Operation Iraqi Freedom.  

6.  On 20 November 2008, he signed an Officer/Warrant Officer Written Agreement – Army Reserve Components CSRB agreement for payment of $20,000.00 for a period of 3 years.  He acknowledged he met the eligibility requirements for the CSRB in connection with his assignment to the 287th Sustainment Brigade, a unit of the Selected Reserve and AOC designated as a critical unit for a CSRB.  The AOC is not identified on the CSRB agreement.  In Section X - Certification by Service Representative, the Service Representative signed the form on 20 November 2008 stating "I have verified the applicant meets the eligibility requirements and the Soldier's AOC (section III) is currently eligible for CSRB."  The contract was signed by the Witnessing officer on the same date.  

7.  His OER for the period covering 31 January 2008 through 30 January 2009 indicates he was performing duties as a Deputy Brigade medical Operations Officer in AOC 70H during the period covered by the report.

8.  On 21 October 2009, he was released from active duty and transferred to his KSARNG unit.  His DD Form 214 for this period lists AOC 70H.

9.  He was promoted to MAJ on 12 October 2010.  



10.  In a memorandum, dated 23 November 2011, the applicant was notified that a discrepancy had been discovered with his bonus contract that must be resolved to avoid eligibility termination.  The memorandum indicated the incentive manager had taken all measures possible prior to notification; however, they could not resolve the issue without the applicant's assistance.  The applicant was also informed he could be eligible for an exception to policy.  

11.  On 4 December 2011, he submitted a sworn statement outlining events between August and December 2008 regarding the CSRB.  

12.  On 23 December 2011, the G-1 of the KSARNG requested an exception to policy to allow the applicant to retain his CSRB.  The G-1 stated the applicant “reenlisted” with the KSARNG on 20 November 2008.  As a part of his “enlistment,” he contracted for the $20,000 CSRB and he signed the contract in good faith.  The G-1 also stated the applicant had adhered to the contract that was signed, he was a member in good standing with his unit, and he requested the applicant's exception to policy be approved so the final payment on his bonus could be issued.  

13.  On 12 January 2012, an officer from the KSARNG Military Personnel Office requested an exception to policy to allow the applicant to retain his CSRB.  The officer stated the applicant contracted for the CSRB, on 20 November 2008, in AOC 70B.  At the time the applicant contracted for the CSRB, he was advised incorrectly that AOC 70B was on the critical skill listing.  The officer also stated that during a review of the applicant's records for the processing of his second payment, the discrepancy was identified.  The officer requested an approval of this exception to policy for AOC 70B not being on the critical skills listing for the CSRB.  He stated the applicant accepted the offer in good faith and should not be penalized for the error.  

14.  On 27 January 2012, the National Guard Bureau (NGB) denied the KSARNG’s request for an exception to policy to allow the applicant to retain the CSRB incentive.  NGB stated the applicant entered into an agreement on 28 November 2008 with the KSARNG for the CSRB in AOC 70H.  Unfortunately, 70H was not an authorized critical AOC for the CSRB and the applicant was not eligible for the incentive.  The NGB stated the State Incentive Manager would terminate the incentive without recoupment and indicated the applicant could file an application with the Army Board for Correction of Military Records.

15.  On 17 May 2012, the applicant was notified by the KSARNG Incentive Manager that he had been terminated from CSRB participation on 5 May 2012.  The Incentive Manager stated the exception to policy was denied by the NGB.  

16.  He provided an article from the Army Times which stated the Army was offering a new menu of officer retention incentives targeted at captains commissioned in 1999 through 2005.  The article stated the cash option of the CSRB has three tiers in return for a service obligation of 3 years which included the Medical Service Corps in specialties 70A (Health Care Administration), 70B, 70C (Health Services Comptroller), 70D (Health Services Management), 
70E (Patient Administration), 70F (Health Services Human Resources), 70H, 70K (Heath Care Materiel), and 73A (Social Work) were eligible for the $25,000 bonus.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim for entitlement to payment of the remainder of his CSRB in the amount of $10,000.00 was carefully considered and was found to have merit.

2.  The evidence of record shows the applicant completed training and was awarded both AOC 70B and 70H.

3.  In November 2008, he signed the CSRB Written Agreement in good faith and he believed he was entitled to receive the bonus for remaining in his current AOC.  However, at the time he contracted for the CSRB, he was advised incorrectly that 70B and 70H were on the critical skill listing.  Although the CSRB agreement does not specifically list AOC 70B or 70H, the applicant served in both AOCs.  He completed the 3-year obligated service requirement and continues to serve in the KSARNG.  

4.  Although an exception to policy was requested, the request to pay the applicant the second installment of the CSRB in the amount of $10,000.00 was subsequently denied by NGB because AOC 70H was not an authorized critical AOC for the CSRB and the applicant was not eligible for the incentive.  This was no fault of the applicant.

5.  Since he accepted the bonus in good faith, he should not be penalized for the error.  He completed the 3-year obligated service requirement and continues to serve in the KSARNG.  Therefore, it would serve the interest of equity and justice to pay him the second installment of the CSRB in the amount of $10,000.00 according to the parameters of his Written Agreement for the CSRB.





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:

     a.  showing he is eligible for payment of the remainder of the CSRB in the amount of $10,000 in accordance with the terms of the CSRB Addendum, dated 20 November 2008; and

     b.  paying him 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)                                         AR20120002867



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ABCMR Record of Proceedings (cont)                                         AR20120002867



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