IN THE CASE OF: 

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120005254 


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 records to show entitlement to a critical skills retention bonus (CSRB) in his area of concentration (AOC) 13A (Field Artillery).

2.  The applicant states he submitted an exception to policy CSRB because he signed the paperwork 23 days prior to completing 6 years of service
(1 November 2008).  This occurred due to misunderstanding between him and the battalion personnel office.  He received the first half of the bonus and requests to be paid the remainder.  The mistake was an inadvertent oversight and was not intentionally malicious or fraudulent in any nature on his behalf.  He was not formally notified of the error until over 3 years later on 18 October 2011.  His CSRB was suspended on 1 March 2009; however, he was willing and able to provide another signature on the agreement at any time between 1 November 2008 and 1 March 2009, had the oversight been brought to his attention,  It should also be noted that he fulfilled his obligation in accordance with the CSRB requirements on 1 November 2011 by completing an additional 3 years of commissioned service and he continues to serve as a Field Artillery Officer in the South Dakota Army National Guard (SDARNG).

3.  The applicant provides:

* A self-authored memorandum, dated 5 March 2012
* Special Orders Number 21 AR, issued by the National Guard Bureau, dated 24 January 2003
* Orders 296-515, issued by the State of South Dakota, Department of Military and Veterans Affairs, Office of the Adjutant General, dated
23 October 2007
* An Officer/Warrant Officer Written Agreement – Army Reserve Component (RC) CRSB, dated 10 October 2010
* All Army Activities (ALARACT) Message 007/2008, subject:  Temporary Policy Message Providing Implementation Guidance for Use of New CSRB for ARNG Officers and Warrant Officers and USAR, dated
18 January 2008
* NGB memorandum, subject:  Army National Guard Implementation Guidance for the Army National Guard CSRB, dated 1 February 2008
* NGB memorandum, subject:  Suspension of the ARNG SCRB, dated
27 February 2008

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is a captain (CPT) in the SDARNG.

3.  His record contains an NGB Form 337 (Oaths of Office) and NGB Special Orders Number 21 AR that show he took his oath of office as a Reserve commissioned officer and he was granted Federal recognition for the purpose of initial appointment as a second lieutenant, Field Artillery, effective 1 November 2002.

4.  He was promoted to CPT effective 28 January 2008.

5.  ALARACT Message 007/2008, dated 18 January 2008:

	a.  provided policy guidance for implementing the new CSRB for ARNG officers;


	b.  stated the purpose of the policy was to retain qualified commissioned officers who possessed critical skills;

	c.  included AOC 13A;

	d.  required officers to hold the rank/grades of CPT/O-3; and

	e.  required officers to have no less than 6 years or more than 12 years of commissioned service.

6.  The applicant's Officer/Warrant Officer Written Agreement - Army Reserve Components CSRB, signed on 10 October 2008, indicates that:

	a.  he understood each of the requirements for a CSRB;

	b.  a service representative certified the applicant met the eligibility requirements for a CSRB;

	c.  a witness signed the statement verifying he had seen the reading and signing of the document by the applicant and certifying representative; and

	d.  his CSRB was $20,000.00 for service in AOC 13A.

7.  On 27 January 2012, the Deputy G-1, NGB, disapproved the applicant's request for an exception to policy for the CSRB.  The disapproval was based on the applicant signing the CSRB agreement on 10 October 2008, which was
23 days prior to completing the minimum service requirement of 6 years as a commissioned officer.  The action further relates that:

	a.  "The Incentive Manager will terminate without recoupment."

	b.  The applicant was advised he could file a claim with the Army Board for Correction of Military Records if he believed there was an error or injustice in this matter.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show entitlement to a CSRB in the amount of $20,000.00 in AOC 13A, because an error occurred due to a misunderstanding between the applicant and the battalion personnel office.


2.  The evidence of record clearly shows the applicant held a qualifying AOC of 13A and met all of the other requirements had he signed the CSRB agreement just 23 days later after completing the 6-year minimum service requirement.

3.  Considering all the facts of this case, as a matter of equity, it would be appropriate to correct the applicant's record to show the CSRB agreement was signed by all parties on 1 November 2008, which was his anniversary for completing the required 6 years of commissioned service.

4.  In view of the above the applicant's record should be corrected as recommended below.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  showing he was fully qualified for a CSRB in AOC 13A;

	b.  that all parties signed the written CSRB agreement on 1 November 2008; and

	c.  paying from Army National Guard funds any monies due in accordance with his corrected CSRB agreement.



      __________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)                                         AR20120005296



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ABCMR Record of Proceedings (cont)                                         AR20120005254



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