IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120004754 


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 request, in effect, payment of the final bonus installment for the Critical Skills Retention Bonus (CSRB).   

2.  The applicant states:

   a.  A $20,000.00 CSRB addendum was not added to his military records in 2008 when he signed it with the Virginia Army National Guard (VAARNG).  The addendum needs to be reproduced and added to his official military personnel file located on the Integrated Personnel Electronic Records Management System (IPERMS) in order for him to receive his anniversary payment of $10,000.00 that was due on 20 August 2011.

   b.  Whoever was required to add the bonus addendum to IPERMS failed to do so and now the document is unavailable.  The State of Florida (FL) Inspector General's office suggested this recourse.  The National Guard Bureau (NGB) keeps rejecting the state's request for payment because the addendum is not available.  He has already received the first payment of $10,000.00 as shown in IMARC (Information Management and Reporting Center).  IMARC also shows he was due his anniversary payment on 20 August 2011.

3.  The applicant provides a copy of his Defense Finance and Accounting System (DFAS) worksheet.



CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he was appointed in the VAARNG, as a first lieutenant, on 20 September 2006, with prior enlisted and commissioned service.  A copy of his bonus addendum is not available for review with this case. He was promoted to captain on 13 May 2008.  

2.  He provided a copy of a DFAS payment document showing a CSRB bonus was paid on 21 August 2008.  The document does not identify the recipient of the payment.

3.  On 23 March 2009, he was extended Federal Recognition in the FLARNG from the VAARNG with an effective date of 26 February 2009.

4.  In an advisory opinion, dated 17 April 2012, the Chief, Officer Division, Office of the Deputy Chief of Staff, G-1, stated in order to be eligible for the CSRB ARNG officers must:

* be serving in the ARNG in the grade of captain (except for chaplains and judge advocates)
* have completed any current contractual obligation or bonus contract as a result of participation in either the Officer Accession or Affiliation Bonus
* be fully qualified in one of the designated critical skills and extend in an Modified Table of Organization & Equipment (MTO&E) or "deployable" Table of Distribution and Allowances (TDA) unit in a valid vacant position or against a projected vacancy with 101-125% of the unit's authorized wartime strength
* not attain or exceed 25 years of service on active duty or in an active status during the bonus agreement period
* have no less than 6 or no more than 12 years of commissioned service
* not be within 12 months of any transfer from active duty to another component of the Selected Reserve
* possess a valid baccalaureate degree from an accredited institution of higher learning
* not be non-selected for promotion to major by a Department of the Army board

The applicant met all the eligibility at the time he purportedly signed an agreement for the CSRB in 2008.  In order for an ARNG officer to be paid the CSRB the State Incentive Manager would have assigned a bonus control number to the agreement after verifying eligibility information in the Standard Installation/ Division Personnel System and then entered the control number into IMARC. Because the applicant was qualified for the CSRB, assigned a bonus control number in IMARC, and paid the first installment of the bonus, the preponderance of evidence supports his assertion that he was offered the CSRB and properly executed an agreement, notwithstanding that the agreement or a copy thereof cannot be located.  Accordingly, that office supported relief in favor of the applicant and recommended that he receive the final installment of the CSRB.

5.  The opinion was forwarded to the applicant for acknowledgment and/or rebuttal on 26 April 2012.  He did not respond.

6.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant was appointed in the VAARNG. He met all eligibility at the time he purportedly signed an agreement for a $20,000.00 CSRB in 2008.  Notwithstanding that the agreement or a copy thereof cannot be located, the evidence confirmed he was assigned a bonus control number in IMARC and paid the first installment of the bonus, therefore, the Office of the Deputy Chief of Staff, G-1, recommended that he receive the final installment of the CSRB in the amount of $10,000.00.

2.  It appears an administrative error was committed in the processing of his bonus agreement.  However, this was not the fault of the applicant.  Therefore, he should not be penalized for errors committed by the VAARNG retention officials, the State Incentive Manager, or the NGB.

3.  He met all of the requirements he would have agreed to in his extension addendum; therefore, he should be entitled to the final installment payment of the agreed upon bonus.







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 Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* showing the applicant was appointed in the VAARNG and qualified for a $20,000.00 CSRB by signing a properly-prepared CSRB agreement
* showing he is entitled to payment of the bonus in accordance with the terms of his retention addendum
* paying him, out of Army National Guard funds, all due remaining installments of the CSRB



      ____________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)                                         AR20120004754





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ABCMR Record of Proceedings (cont)                                         AR20120004754



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