Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120011900
Original file (20120011900.txt) Auto-classification: Approved

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120011900 


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 second half of his Critical Skills Retention Bonus (CSRB).

2.  The applicant states he accepted an appointment in the Tennessee Army National Guard (TNARNG) with the incentive of a CSRB.  He goes on to state the first half of his bonus was paid; however, when the second half of his bonus came due, it was denied because the certifying signatures were missing from the bonus addendum.  He continues by stating the mistakes were corrected and the signatures were affixed; however, when he requested an exception to policy to be paid because he had fulfilled his obligation, his request was denied by the National Guard Bureau (NGB).

3.  The applicant provides a copy of his exception to policy request, and copies of his bank statement and leave and earnings statement showing the first half of his bonus had been paid and deposited.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a U.S. Army Reserve (USAR) infantry second lieutenant upon graduation from the U.S. Military Academy at West Point, NY on 27 May 2000.  He continued to serve on active duty, he was promoted to the rank of captain on 1 October 2003, and he was deployed to Iraq from 20040310 - 20050318.


2.  On 27 May 2005, he was honorably released from active duty (REFRAD) due to miscellaneous/general reasons.  He served 5 years and 22 days of creditable active service and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  On 15 September 2005, he accepted an appointment in the TNARNG and he entered into an affiliation bonus agreement at the time.  The applicant signed the addendum; however, the certifying officer did not.  

4.  On 2 February 2009, he signed an agreement for a CSRB in the amount of $20,000.00; however, the addendum was not signed by the certifying officer or a witness.  The addendum/agreement is not posted to his Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).

5.  He deployed to Iraq from 14 February 2010 - 12 July 2010 in support of Operation Iraqi Freedom.

6.  On 2 August 2011, he was promoted to the rank of major.

7.  On 27 February 2012, the NGB denied the applicant’s request for payment of the second half of his CSRB because neither the service representative nor the witness signed the 2 February 2009 agreement.  Officials at the NGB directed the State Incentive Manager terminate the incentive without recoupment and advised the applicant to apply to the Army Board for Correction of Military Records if he believes an error or injustice still exists.

8.  A memorandum from the applicant’s TNARNG unit indicates the State Incentive Office provided a bonus control number (BCN) for the applicant’s CSRB agreement and the agreement was entered into the Information Management and Reporting Center (iMARC.)  Additionally, the applicant received the first half of his bonus ($10,000.00) without issue which should serve to verify that the incentive was offered and accepted in good faith.

DISCUSSION AND CONCLUSIONS:

1.  Although the CSRB agreement is not present in the available records, the fact that he received the first half of his bonus and the fact that a BCN was issued is indicative that an agreement was made and was considered to be valid.

2.  While the available evidence indicates the agreement was not signed by the appropriate authority or a witness, it was signed by the applicant and there is no 


evidence to suggest that the agreement was not entered into in good faith, especially since the applicant has fulfilled the conditions of the agreement.

3.  Furthermore, the available evidence suggests the applicant met the eligibility requirements to receive payment of the CSRB and he should not be penalized for the administrative errors committed by the ARNG staff.

4.  Accordingly, his CSRB agreement should be corrected to show the original agreement was appropriately signed and witnessed and that the applicant is entitled to receive the remainder of his CSRB benefits.

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 his CSRB written agreement was properly signed by the Service Representative and witnessed by a witnessing officer;

	b.  showing the agreement was timely received and processed by the appropriate office; and

	c.   paying him, out of National Guard funds, the remainder of his CSRB bonus incentive.



      __________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)                                         AR20120011900



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011900



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130012185

    Original file (20130012185.txt) Auto-classification: Approved

    The applicant requests payment of the second half of his Officer Accession Bonus (OAB). In his own sworn statement, dated 8 September 2012, he stated: * he signed the OAB Addendum in December 2009 as part of his accessioning packet * he received half of his bonus in December 2009 but had not received the remainder * through no fault of his own, the OAB Addendum was not completed correctly, which was the reason the remainder of the OAB had not been paid b. The policy in effect in December...

  • ARMY | BCMR | CY2012 | 20120015768

    Original file (20120015768.txt) Auto-classification: Approved

    The memorandum states: * On 20 November 2008 the applicant qualified for the CSRB in the amount of $20,000.00 * He met the criteria for the CSRB and was issued a bonus control number * His unit contacted that office to inquire about his second half of the incentive * Unfortunately that office could not assist him with his payment due to the working copy of his CSRB being placed into his records rather than the signed documents * The unit has recognized this error and has taken the necessary...

  • ARMY | BCMR | CY2014 | 20140010232

    Original file (20140010232.txt) Auto-classification: Approved

    He completed the UH-60 Aviator Qualification Course from 28 January through 8 March 2008. An NGB official stated that in accordance with ARNG Implementation Guidance for the CSRB, dated 1 February 2008, eligible officers could receive the CSRB. The applicant served in the ARNG as a warrant officer between 26 June 2006 and 19 January 2010.

  • ARMY | BCMR | CY2013 | 20130007166

    Original file (20130007166.txt) Auto-classification: Approved

    He provides: * a DA Form 4187, signed by him on 14 July 2012 and recommended for approval on 20 July 2012, requesting amendment of his bonus addendum to show the signatures on the document were dated * sworn statements from the service representative and witnessing officer indicating, in effect, the absence of dates for the signatures on the bonus addendum was an administrative error * a memorandum from the Deputy G-1, ARNG, NGB, dated 27 August 2012, subject: Request for ETP for OAB...

  • ARMY | BCMR | CY2011 | 20110014868

    Original file (20110014868.txt) Auto-classification: Approved

    The applicant states he enlisted in the U.S. Army on 14 March 2008 with the assumption he would receive a $20,000.00 NPSCS Bonus to be paid as a 50/50 payment. On 7 August 2009, he signed an NGB Annex E to DD Form 4 which states he was enlisting into a critical skill MOS under the 6x2 or 8x0 enlistment option and would receive an NPSCS Bonus (50/50 payment). As a result, the Board recommends that all Department of the Army and KYARNG records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2014 | 20140003483

    Original file (20140003483.txt) Auto-classification: Approved

    The applicant states: * his CSRB was denied * he wants his CSRB paid in full * he maintained area of concentration (AOC) 13A (Field Artillery, General) for the duration of the 3-year obligation in the contract * he was granted an exception to policy (ETP) for the 1-day difference in the date for the witness's signature * the Arizona Army National Guard (AZARNG) processed the bonus control number and paperwork for the bonus * he had no control over the negligent 9-month delay in processing 3....

  • ARMY | BCMR | CY2013 | 20130019794

    Original file (20130019794.txt) Auto-classification: Approved

    He received a $10,000 bonus in two installments of $5,000 on 6 and 8 February 2008 after being informed by MSG J, the State Incentives Manager, that he was entitled to an officer bonus and the SLRP. (2) The applicant was eligible to contract for the SLRP but was not eligible for the $5,000 SLRP payment ($804.82 of which the loan holder returned to DFAS for overpayment) he received on 20 November 2007 (9 years after the last payment was authorized, and 3 years after the contract would have...

  • ARMY | BCMR | CY2014 | 20140021496

    Original file (20140021496.txt) Auto-classification: Approved

    The applicant requests an exception to policy (ETP) for payment of the remaining $10,000.00 of his Critical Skills Retention Bonus (CSRB) and relief from recoupment of the portion already paid. The applicant states: * he was in an eligible position and eligible for the CSRB in 2008 and the necessary documents were sent to his headquarters and he was paid the first half of the bonus * he inquired about the unpaid portion of the bonus years later and he was informed that a records review was...

  • ARMY | BCMR | CY2013 | 20130016351

    Original file (20130016351.txt) Auto-classification: Denied

    The applicant requests, in effect, approval of an exception to policy (ETP) allowing him to retain his Critical Skills Retention Bonus (CSRB). He provides: * self-authored memorandum, dated 30 August 2013 * Orders 317-1010, dated 12 November 2008 * Orders 216-1024, dated 4 August 2011 * Officer/Warrant Officer Written Agreement – Army Reserve Components (RC) CSRB * NGB memorandum, subject: Request for ETP for Officer CSRB (Applicant), dated 1 July 2013 CONSIDERATION OF EVIDENCE: 1. The...

  • ARMY | BCMR | CY2011 | 20110013547

    Original file (20110013547.txt) Auto-classification: Approved

    On 25 March 2007, he signed an Oath of Office as a 2LT in the MNARNG and on 18 June 2007 he was appointed as a Reserve Commissioned Officer of the Army. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to (a) accept an appointment as an officer in the Armed Forces, and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated under...