BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120011156
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 payment of the remaining $10,000.00 of a Critical Skills Retention Bonus (CSRB).
2. The applicant states at the time he executed the CSRB contract he was serving in a qualified position and his records were reviewed by a State service representative. His records were also vetted by the G-1 office in Maryland and he was informed he was qualified for the bonus. He states he fulfilled his 3-year service agreement under the contract and as a result subsequently deployed to a combat zone for a period of one year. He claims the Maryland Army National Guard (MDARNG) waited until he had served his 3-year obligation to tell him he was not qualified to receive the CSRB and to deny payment of the second installment.
3. The applicant provides the supporting documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) of his DD Form 149.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that after previously serving in an enlisted status in the U.S. Army Reserve (USAR), he was appointed a Reserve commissioned officer of the Army on 3 January 1998; and on 4 January 1998, he was appointed a second lieutenant in the MDARNG. He was promoted to first lieutenant on 9 February 2000, and to captain (CPT) on 8 February 2005. At the time of his application to this Board he was still serving in the MDARNG.
2. The record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 15 June 2006, that shows he completed the Aviation Officer Basic Course in specialty 15A on that date.
3. MDARNG Orders 068-235, dated 9 March 2007, transferred the applicant to the Aviation Branch, effective 8 March 2007.
4. MDARNG Orders 038-032, dated 7 February 2009, assigned the applicant to a 15B position as the commander of an aviation company, effective
16 November 2008.
5. On 11 December 2008, the applicant entered into a CRSB written agreement. In Section III (Acknowledgement), the applicant acknowledged he understood the eligibility criteria for the CSRB which included the statement "I am currently AOCQ/MOSQ and serving in a valid position vacancy of a unit/troop program unit (TPU) of the SELRES" which confirmed the applicant was qualified in the bonus specialty 15B and assigned to specialty 15B position in a TPU.
6. MDARNG memorandum, dated 6 February 2010, awarded the applicant primary specialty 15A (Aviation General).
7. MDARNG memorandum, dated 19 December 2012, awarded the applicant primary specialty 15B (Aviation Combined Arms Operations).
8. All Army Activities (ALARACT) Message 007/2008, dated 18 January 2008, provided the implementation guidance for use of the CSRB for ARNG officers. It stated, in pertinent part, that the officer would confirm qualification in the bonus specialty in the CSRB written agreement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid the second installment of his CSRB has been carefully considered. However, there is insufficient evidence to support this claim.
2. CSRB policy requires not only that the officer serve in the identified specialty in a TPU for a defined period, but also that he be specialty qualified at the time he enters into the CSRB written agreement.
3. The evidence of record confirms the applicant was not qualified in specialty 15B at the time he entered into the CSRB written agreement. Although the service representative should not have allowed the agreement based on the applicant's lack of specialty qualification, the applicant was culpable in the erroneous agreement in that he confirmed he was specialty qualified in Section III of the agreement. As a result, it would not be appropriate to provide the second installment of the bonus payment as an exception to policy. However, given the administrative errors made in allowing the CSRB agreement, there is no objection to not recouping the CSRB first installment payment.
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 for correction of the records of the individual concerned.
_______ _ 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) AR20120011156
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ABCMR Record of Proceedings (cont) AR20120011156
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