IN THE CASE OF:	 

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003056 


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) in area of concentration (AOC) 13A (Field Artillery).

2.  The applicant states he signed a CSRB contract in 2008 and it was witnessed by an officer.

	a.  The records were not properly maintained or uploaded to his official military personnel file (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) and every effort to locate the signed agreement has been unsuccessful.

	b.  He states he served the required amount of time specified in the agreement and he has earned the second payment of the CSRB.

3.  The applicant provides two DA Forms 2823 (Sworn Statements) and two memoranda in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the:

* U.S. Army Reserve from 19 November 1988 through 17 July 1993
* Army National Guard of the United States (ARNGUS) and Michigan Army National Guard (ARNG) from 18 July 1993 through 28 June 1997

2.  On 29 June 1997, the applicant was appointed as a second lieutenant in the ARNGUS and Michigan ARNG.

3.  He was promoted to captain (CPT)/pay grade O-3 on 8 September 2003.

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Field Artillery Captains Career Course on 4 April 2008.

5.  The applicant's officer evaluation report (OER) for the period 1 February 2008 through 31 January 2009 shows he was assigned to the Joint Maneuver Training Center (MTC), Camp Grayling, MI, and he served as the Range Officer in AOC 01A (Branch Immaterial).  The applicant's rater evaluated his performance and potential as "Satisfactory Performance, Promote" and his senior rater evaluated his promotion potential as "Fully Qualified."

6.  The applicant's OER for the period 1 February 2009 through 31 January 2010 shows he was assigned to the Joint MTC, Camp Grayling, MI, and he served as the Range Officer in AOC 01A.  The applicant's rater evaluated his performance and potential as "Satisfactory Performance, Promote" and his senior rater evaluated his promotion potential as "Fully Qualified."

7.  On 3 December 2009, the Deputy Chief of Staff, Personnel, Joint Force Headquarters-Michigan, Lansing, MI, notified the applicant that his eligibility for retired pay had been established upon attaining age 60.

8.  Department of Military and Veterans Affairs, Lansing, MI, Orders 055-036, dated 24 February 2010, transferred the applicant to the 126th Press Camp Headquarters, Augusta, MI, for assignment as the Public Affairs Officer (position 101-03) effective 1 February 2010.  The orders also show:

* "Officer must become qualified for award of the required branch, functional area, or AOC (46A, Public Affairs, General) within 18 months extendable to 24 months by The Adjutant General.  46A00."
* "Duty position qualification:  NOT QUALIFIED"

9.  Department of Military and Veterans Affairs, Lansing, MI, memorandum, dated 1 May 2010, subject:  Selection for Retention under the Provisions of National Guard Regulation 635-102 (Officers and Warrant Officers Selective Retention), shows The Adjutant General notified the applicant that a Selective Retention Board selected him for retention as an officer of the Michigan ARNG with reconsideration in 1 year.

10.  The applicant's OER for the period 1 February 2010 through 31 January 2011 shows he was assigned to the 126th Press Camp Headquarters, Augusta, MI, and he served as the Public Affairs Officer in AOC 01A.  The applicant's rater evaluated his performance and potential as "Outstanding Performance, Must Promote" and his senior rater evaluated his promotion potential as "Best Qualified."

11.  Department of Military and Veterans Affairs, Lansing, MI, memorandum, dated 17 May 2011, subject:  Selection for Retention under the Provisions of National Guard Regulation 635-102, shows The Adjutant General notified the applicant that a Selective Retention Board selected him for retention as an officer of the Michigan ARNG with consideration again in Calendar Year (CY) 2013.

12.  The applicant's OER for the period 1 February 2011 through 31 January 2012 shows he was assigned to the 126th Press Camp Headquarters, Augusta, MI, and he served as the Public Affairs Officer in AOC 46A.  The applicant's rater evaluated his performance and potential as "Satisfactory Performance, Promote" and his senior rater evaluated his promotion potential as "Fully Qualified."

13.  The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was honorably discharged from the Michigan ARNG on 16 March 2012 under the provisions of National Guard Regulation 635-100 (Personnel Separations – Termination of Appointment and Withdrawal of Federal Recognition), paragraph 5a(3), based on his resignation.  He completed 14 years, 8 months, and 18 days of net service during this period; 8 years, 7 months, and 10 days of prior Reserve Component service; 23 years, 3 months, and 28 days of total service for pay; and 21 years of total service for retired pay.

14.  The applicant enlisted in the ARNGUS and Washington ARNG on 29 June 2012 in the rank of sergeant/pay grade E-5 for a period of 3 years.

15.  A review of the applicant's military personnel records failed to reveal a copy of a CSRB Agreement or Addendum.

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

	a.  A sworn statement prepared by the applicant on 6 June 2011 states that while assigned to the Joint MTC, Camp Grayling, he signed a CSRB contract in 2008 for a $20,000.00 Captain Bonus and he agreed to serve for 3 more years and deploy, if requested.

		(1)  He stated he received his first (half) payment in June 2008.

		(2)  In early May 2011, he was informed that his second payment could not be processed because the signed contract was not on file in iPERMS.

		(3)  He stated he had reviewed all of his records at his home and the military personnel technician reviewed his personnel records at the unit, but the contract was not found in any of the records.

		(4)  He requested the second (final) payment of $10,000.00 CSRB as an exception to policy.

	b.  A sworn statement prepared by Chief Warrant Officer Two Vicki Ann H____ on 16 June 2011 states she was assigned to the Joint MTC, Camp Grayling, and witnessed (in 2008) the applicant sign his CSRB in the amount of $20,000.00.  She states she sent the original contract to the Incentive Branch to be processed.  She reviewed records at the unit and did not find a copy.  She supports payment of the second payment of $10,000.00 to the applicant.

	c.  National Guard Bureau (NGB), Arlington, Virginia, memorandum, dated 20 January 2012, subject:  Request for Exception to Policy for the CSRB, states the applicant's request to retain the $20,000.00 offered at the time of contract on 5 June 2008 was denied by the ARNG Deputy G-1.

		(1)  It shows:

* eligible applicants were offered the CSRB under the Selected Reserve Incentive Program CSRB Guidance for Fiscal Year (FY) 2008 (effective 1 February 2008 through 1 March 2009)
* according to the applicant and a witness, a CSRB Addendum was initiated and signed on 5 June 2008
* a search of the applicant's records in iPERMS failed to produce the CSRB Addendum

		(2)  The applicant was informed that according to Department of Defense Instruction (DODI) 1205.21, paragraph 6.2, "each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped."

		(3)  He was also informed that the Incentive Manager (IM) would terminate the incentive with recoupment.

	d.  Michigan ARNG, Joint Force Headquarters, Lansing, MI, memorandum, dated 30 January 2012, subject:  Notification of Exception to Policy Result, states the Michigan ARNG IM forwarded the decision to the applicant.

17.  Office of the Under Secretary of Defense, Washington, DC, memorandum, dated 12 December 2007, subject:  CPT CSRB, approved the Army's request to pay Reserve CPT's 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.  The Army was authorized to target eligible officers using programmed funding for FY 2008 and bonuses paid in FY's 2009 and 2010 would be subject to funding availability.

18.  On 1 February 2008, NGB published implementation guidance for the ARNG CSRB.  The guidance stated that, among other requirements, eligible officers must have completed any current contractual obligation or bonus contract obligation incurred as a result of participation in the officer affiliation bonus and must have been fully qualified and serving in a designated critical skill AOC in a qualifying unit.  A list of the CSRB program's critical AOC's included AOC 13A at a rate of $20,000.00.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the CSRB Program under review was effective 1 February 2008.

2.  The applicant completed 6 years of ARNG commissioned service on 28 June 2003, was promoted to CPT on 8 September 2003, held AOC 13A in CY 2008, and completed the Field Artillery Captains Career Course on 4 April 2008.

3.  The applicant contends he submitted his CSRB contract in early 2008.

	a.  The evidence of record shows that a copy of the CSRB Agreement or Addendum is not filed in the applicant's OMPF in iPERMS, the unit's military personnel technician could not locate a copy of the applicant's contract in the unit's personnel files, and the applicant is unable to produce a copy of his CSRB documents from his personal files.

	b.  The applicant's request for exception to policy for the CSRB was denied by the ARNG Deputy G-1 due to the fact that the CSRB documents could not be located.  The Michigan ARNG MI provided tacit acknowledgement of this fact when she forwarded the ARNG Deputy G-1's decision to the applicant.

4.  There is no evidence the applicant served in AOC 13A (Field Artillery, General), the designated critical skill AOC under which he was eligible to apply for a CSRB.

	a.  Records show the applicant served in AOC 01A (Branch Immaterial) for 3 years from 1 February 2008 through 31 January 2011 and in AOC 46A (Public Affairs, General) for 1 year from 1 February 2011 through 31 January 2012.

	b.  Thus, the evidence of record shows he did not serve in an active status for at least 3 years in AOC 13A which was required for CSRB purposes.

5.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim.

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 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)                                         AR20120003056



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ABCMR Record of Proceedings (cont)                                         AR20120003056



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