BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20120005296
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 his area of concentration (AOC) 13A (Field Artillery).
2. The applicant states, in effect, that he was denied a CSRB because he signed the paperwork 6 days prior to completing 6 years of service. This occurred due to misunderstanding between him and the retention noncommissioned officer.
3. The applicant provides copies of:
* Three-page written agreement, dated 5 August 2008
* Memorandum, National Guard Bureau (NGB), Exception to Policy for CSRB, dated 27 January 2012
* Memorandum, Headquarters, Iowa National Guard (IARNG), Notification of Exception to Policy Result, dated 3 February 2012
* Memorandum, Headquarters, IARNG, Notification of Incentive eligibility Termination, dated 3 February 2012
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. At the time of the applicant submitted this application he was serving in an active duty status as a captain, pay grade O-3, with the IARNG.
3. Records show the applicant applied for Federal recognition as a second lieutenant, Field Artillery on 1 August 2002. On 11 August 2002, he accordingly took his Oath of Office as a Reserve commissioned officer and was immediately assigned to Battery C, 1st Battalion, 194th Field Artillery Regiment, IARNG.
4. On 9 November 2006, the applicant was promoted to captain, pay grade O-3.
5. ALARACT Message 007/2008, date/time group 182327Z January 2008:
a. provided policy guidance for implementing 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 of captain, pay grade O-3; and
e. required officers to have not 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 5 August 2008 indicates that:
a. he understood each of the requirements for a CSRB;
b. a service representative certified that the applicant met the eligibility requirements for a CSRB;
c. a witness signed the statement verifying that he had seen the reading and signing of the document by the applicant and certifying representative; and
d. his CSRB was $20,000 for service in AOC 13A.
7. On 27 January 2012, the Deputy G-1 (Personnel Officer), NGB, disapproved the applicant's request for an exception to policy for the CSRB. The disapproval was based on the applicant's signing the agreement 6 days prior to completing the minimum service requirement of 6 years as a commissioned officer.
8. On 3 February 2012, the Education Services Officer, IARNG, notified the applicant:
a. that his request for an exception to policy concerning his CSRB was disapproved; and
b. that the $10,000 CSRB that he received would be recouped. He was also informed that he may be eligible to appeal this decision to the Army Review Board Agency; but he had to do so within 30 days of his notification.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show entitlement to a CSRB in the amount of $20,000 in AOC 13A; because an error occurred due to a misunderstanding between the applicant and the retention noncommissioned officer.
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 6 days later after completing the minimum service requirement.
3. The evidence also indicates the applicant has been paid the first half of the CSRB in the amount of $10,000, which is now to be recouped.
4. Considering all the facts of this case, and as a matter of equity, it would be appropriate to correct the applicant's records to show the CSRB agreement was signed by all parties on 11 August 2008, which was his anniversary for completion of the required 6 years of commissioned service.
5. In view of the above the applicant's request should be approved.
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 11 August 2008; and
c. auditing his military pay records and paying him all monies from ARNG funds in accordance with his 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) AR20120005296
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