IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120008195 


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, in effect, 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:

   a.  upon his return from deployment to Kosovo, he was asked to drive nearly one hour and a half to his headquarters in Fort Dodge, Iowa, to sign his CSRB contract authorizing a $20,000.00 bonus;
   
   b.  he received the first half of the CSRB in November 2008 in the amount of $10,000.00;
   
   c.  upon his return from another deployment to Afghanistan in July 2011, he prepared to attend the Field Artillery Captains Career Course (FACCC) at Fort Sill, Oklahoma and did not think about the second half of his CSRB until September 2011;
   
   d.  he later learned he was misadvised to sign his CSRB contract 6 days prior to becoming eligible for the bonus and had he known he was signing his contract too soon, he would have waited until he became eligible to receive this incentive, as he had no intention to cheat the Army out of any money;
   
   e.  he has been back from FACCC for five weeks, has not found a job, and lives with his family off his savings which will soon be depleted;
   f.  it would be hardship for him to repay the initial CSRB payment and not receive the second half as he needs to continue to pay his bills on time; and
   
   g.  he was denied a CSRB because he signed the paperwork 6 days prior to completing 6 years of service.  This occurred due to a misunderstanding between him and the retention noncommissioned officer.

3.  The applicant provides:

* Reserve Component (RC) Officer/Warrant Officer CSRB Written Agreement (3 pages), dated 5 August 2008
* Memorandum, Iowa Army National Guard (IARNG), dated 29 January 2012
* Memorandum, Headquarters, IARNG, Notification of Incentive Discrepancy and Exception to Policy Process, dated 16 December 2011
* Memorandum, Headquarters, IARNG, Notification of Exception to Policy Result, dated 19 March 2012
* Memorandum, National Guard Bureau (NGB), Exception to Policy for CSRB, dated 13 March 2012
* Memorandum, Headquarters, IARNG, Notification of Incentive Eligibility Termination, dated 19 March 2012

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted this application he was serving in an active duty status as a captain, pay grade O-3, with the IARNG.

2.  The applicant's official military personnel file (OMPF) shows he was granted temporary Federal recognition as a second lieutenant, in the IARNG and accordingly took his Oath of Office as a Reserve commissioned officer on 11 August 2002.

3.  The applicant's OMPF includes the RC Officer/Warrant Officer CSRB Written Agreement, signed on 5 August 2008.  It indicates:

	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.

4.  On 13 March 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.

5.  On 19 March 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 Boards Agency; but he had to do so within 30 days of his notification.

6.  All Army Activities (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.

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 that occurred when he was misinformed to sign his CSRB 6 days prior to becoming eligible to receive this incentive.

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 due as a result of this correction from ARNG funds 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)                                         AR20120008195





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ABCMR Record of Proceedings (cont)                                         AR20120008195



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