IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20120004288 


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:

* reconsideration of his previously denied request for payment of a $20,000.00 Critical Skill Retention Bonus-Army Reserve (CSRB-AR) to be backdated to December 2008
* a formal hearing

2.  The applicant states:

* it is not his duty to change his own area of concentration (AOC) from 15A (General Aviation) to 15B (Combined Arms Operations Aviator) as a Reservist
* he exhausted his chain of command to complete this action and they concluded that the duty to change the AOC was the responsibility of the U.S. Army Reserve Command (USARC)
* the Army Board for Correction of Military Records (ABCMR) did not look into the system of record (the interactive Personnel Records Management System (iPERMS)), as his duty was already changed from 15A to 15B
* the ABCMR should note that a previous OER is not the formal system of record
* he performed every possible action required to receive the bonus
* the bonus would have been awarded if he had not been deployed in 2008, as he would have completed the training as scheduled


3.  The applicant provides:

* a memorandum from the Deputy Chief of Staff, G-1, Headquarters,
11th Aviation Command, Fort Knox, KY, dated 5 January 2012
* ABCMR Record of Proceedings in Docket Number AR20110000854, dated 21 July 2011

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110000854, on 21 July 2011.

2.  The applicant provides a memorandum from the Deputy Chief of Staff, G-1, Headquarters, 11th Aviation Command, Fort Knox as new evidence that was not previously considered.  Therefore, the new evidence warrants consideration by the Board.

3.  The applicant is a U.S. Army Reserve (USAR) aviation captain who was ordered to active duty on 12 December 2005 in support of Operation Iraqi Freedom (OIF).

4.  An Office of the Under Secretary of Defense (OUSD) Memorandum, subject:  CSRB-AR, U.S. Army Reserve Captain CSRB-AR, dated 12 December 2007, announced approval of the Army's request to pay USAR captains who execute a written agreement to serve in an active status for not less than 3 years in certain AOCs up to $20,000.00.  The AOC 15B was listed as critical for CSRB-AR purposes.

5.  Records show the applicant served in Iraq from 11 January 2006 to 7 January 2007 and he continued on active duty in support of Operation Enduring Freedom from 1 March 2007 to 30 March 2008.  He was released from active duty on 
31 March 2008.

6.  On 16 June 2008, the applicant inquired about a waiver for the CSRB-AR for 15B aviators due to the fact he was being deployed and he wanted to know if those officers who were deployed would have the same opportunity to qualify for the CSRB as those who were not deployed.

7.  On 25 August 2008, the applicant's commander in Iraq submitted a request for exception to policy for the CSRB-AR in behalf of the applicant.  In his request, the commander noted the following:


* the applicant has been continuously deployed/mobilized since being ordered to active duty and he had not been afforded the opportunity to attend the required training
* the applicant held a 15B position at his Troop Program Unit (TPU) and he was acting in the capacity as a 15B Aviation Officer/Pilot
* the applicant would have completed all requirements for the CSRB-AR within his mobilization timeframe and he would have been eligible for the bonus had he not been deployed

8.  On 28 December 2008, the applicant was notified that the exception to policy request was returned without action because he still had time to complete the required training to qualify for the CSRB-AR.

9.  Headquarters, USARC, memorandum subject:  Suspension of CSRB-AR, dated 1 October 2009, announced that effective 20 September 2009, the
CSRB-AR was suspended until further notice (except for AOC 37A and 38A).  The memorandum further states that "requests for exception will be considered on a case-by-case basis."

10.   The applicant's DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Aviation Captains Career Course (AV-CCC) on 19 December 2009.

11.  The applicant held the AOC 15A at the time the CSRB-AR was announced and at the time of its suspension.  

12.  A memorandum from the Deputy Chief of Staff, G-1, Headquarters, USARC, subject:  Exception to Policy for [the applicant], dated 25 February 2010, states "[The applicant] is not qualified in an AOC authorized to receive the bonus.  The Army Reserve was not provided the authority to grant an exception to policy to provide the bonus for an AOC not on the authorized list."

13.  The Deputy Chief of Staff, G-1, Headquarters, 11th Aviation Command, Fort Knox, provided a memorandum on behalf of the applicant.  He states:

* the applicant did not meet the requirements for the CSRB-AR because he was not qualified as a 15B aviation officer when the bonus was suspended on 20 September 2009
* he believes the Soldier should be given the bonus as an exception to policy because he was disadvantaged by an involuntary mobilization that prevented him from becoming AOC 15B qualified before the suspension date
* the circumstances show the applicant was extremely proactive in trying to meet the CSRB-AR requirements and become AOC 15B qualified before the suspension date of the bonus

*	the applicant was scheduled to attend the AV-CCC in December 2008 which would have qualified him for the CSRB-AR as an AOC 15B 
*	before he was able to attend the AV-CCC, he was involuntarily mobilized in support of OIF from May 2008 to February 2009
*	the applicant requested an exception to policy from USARC in December 2008 for the CSRB-AR because the involuntary deployment caused him to cancel the AV-CCC reservation
*	USARC denied his request because the USARC G-1 thought the applicant still had time to attend the AV-CCC when he returned from his deployment
*	the applicant returned from his deployment in February 2009 and he attempted to attend the AV-CCC in April 2009, but he was unable because the course was already filled
*	he was scheduled for the next AV-CCC in December 2009, but the CSRB-AR was suspended in September 2009, 3 months before he completed the course qualifying him in AOC 15B
*	the applicant requested a second exception to policy through USARC in November 2009, but it was denied because his AOC in the Total Army Personnel Database – Reserve (TAPDB-R) was still showing an AOC 15A instead of AOC 15B
*	the applicant, along with his unit, attempted multiple times to update his AOC in TAPDB-R to show his AOC 15B qualification
*	the U.S. Army Human Resources Command (HRC) was moving from St. Louis, MO to Fort Knox and this delayed updating the applicant's records until November 2010

* with regard to the ABCMR decision,

* the Soldier does not have the ability to update/change their AOC; the Soldier's career manager makes the necessary updates
* HRC's move from Missouri to Kentucky delayed the TAPDB-R update until November 2010, even though he was qualified as a 15B on 19 December 2009

* the issue is not whether he met the requirements for the CSRB-AR because he was not qualified as a 15B aviation officer, but rather he was 


disadvantaged by going on an involuntary deployment and had no opportunity to meet the requirements before the bonus was suspended
*	he did everything humanly possible to try and meet the requirements for the CSRB-AR bonus

14.  Army Regulation 15-185 (ABCMR) states the ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention and the documentation he provided were carefully considered.

2.  Although the applicant has requested to personally appear before the Board, there is sufficient evidence available for a fair and impartial consideration of his case without such an appearance.

3.  There is no doubt the applicant was disadvantaged in attending the AV-CCC.  However, the applicant clearly was not AOC 15B qualified on either the announcement date or the suspension date of the CSRB-AR bonus.  Records show he completed the AV-CCC in December 2009.

4.  Although it is unfortunate the applicant was unable to attend the AV-CCC at an opportune time, the needs of the Army took precedence.  As a matter of equity, it would be unfair to other Soldiers similarly situated to grant such a request when the requirements were not met.

5.  Updating the applicant's 15B AOC qualification in the TAPDB-R had no affect on this eligibility for the CSRB-AR bonus since he completed the course after the suspension date.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.







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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110000854, dated 21 July 2011.



      ____________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)                                         AR20120004288



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ABCMR Record of Proceedings (cont)                                         AR20120004288



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