BOARD DATE:	 9 October 2012 

		DOCKET NUMBER:  AR20120015768 


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 final bonus installment of $10,000.00 of the Critical Skills Retention Bonus (CSRB).

2.  The applicant states:

* The copy of the paperwork which was electronically scanned into his records was a working copy which did not have a date on it
* The recruiter or unit clerk placed the wrong documents of his CSRB agreement into his records
* The decision to deny payment of the second part of his CSRB is incorrect
* He met all the criteria to be eligible for this bonus
* He received the first installment in November 2008
* By this time he had reached the point of retirement, but the CSRB induced him to serve an additional 3 years and delay his retirement
* During these 3 years he was deployed to Kuwait where he was injured
* He believes he is being unjustly penalized by simply following the instructions of others
* While service members do not scan the documents that are placed in their files they depend on others being are diligent when updating their files
* The error was not brought to his attention until October 2011 and by this time he was deployed overseas and had no way of retrieving the correct document in a timely manner    


3.  The applicant provides:

* Sworn statements
* Memorandum, dated 21 March 2011, from the Tennessee Army National Guard (TNARNG)
* Memorandum, dated 29 May 2012, from the National Guard Bureau (NGB)
* Active duty orders
* Promotion memorandum and orders
* Army National Guard Annual Statement
* Memorandum, dated 5 December 2008, for authorization action for bonus accounts
* Memorandum, dated 20 November 2008
* Officer Written Agreement CSRB
* NGB orders, dated 21 October 2008 and 8 September 2000
* State orders  

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service in the U.S. Army Reserve and commissioned service in the ARNG, the applicant was appointed as a first lieutenant in the ARNG on 28 April 2005.  He was promoted to captain on 
3 October 2005.  

2.  Orders, dated 16 October 2008, show his branch was changed from field artillery to logistics.  He was designated primary skill identifier 90A and secondary specialty identifier 13A (field artillery) on 21 October 2008. 

3.  On 20 November 2008, he signed a Written Agreement for a CSRB in which he agreed to serve in area of concentration (AOC) 90A (logistics) as a critical skill for a period of 3 years.  The addendum also shows he would receive a bonus of $20,000.00.  

4.  He provided a memorandum, dated 5 December 2008, for authorization action for bonus accounts which shows he received his first installment of $10,000.00 on 5 December 2008.  His second installment date was 
26 November 2011.  

5.  His 20-year letter is dated 1 April 2009. 



6.  On 21 March 2011, the Officer Strength Manager of the TNARNG sent a memorandum to the NGB requesting an exception to policy to pay the second installment of the CSRB in the amount of $10,000.00 to the applicant.  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 steps to correct this issue
* Due to an administrative error and no fault of the applicant, that office requested approval for the exception to policy for the CSRB for the applicant

7.  On 29 May 2012, the NGB denied the exception to policy to retain the $20,000.00 CSRB offered to the applicant in November 2008.  The memorandum states:

	a.  in accordance with the ARNG Implementation Guidance for the ARNG CSRB (effective 1 February 2008 – 27 February 2009) eligible applicants were offered the CSRB.

	b.  the applicant signed the CSRB agreement with the TNARNG in November 2008 in critical AOC 13B.

	c.  the applicant, the witnessing official and service representative all failed to date the agreement and a working copy was the only documentation found in his record; therefore, the intent to offer him an incentive cannot be validated.

	d.  the State Incentive Manager will terminate the incentive without recoupment.

8.  He provided a sworn statement, dated 9 August 2012, from a major who states:

* the applicant explained to him he has been denied the second part of his CSRB because of a missing date
* he was perplexed when he received this request because it appears to him the applicant's integrity is being called into question after he received the first installment of the CSRB and he has served 3 years required to obtain the final pay out
* even more interesting is a simple check of the date he received his initial bonus and a review of the fact he is still in the service seems to be an easy remedy
* he has known the applicant for more than 15 years
* he pinned the applicant into the Officer Corps and has been impressed with his integrity and moral character since the first time he met him
* prior to him becoming a commissioned officer he had never been disciplined or reprimanded
* the applicant was a school teacher/social worker when he met him and now he is a high school principal
* he witnessed the applicant talking to a lieutenant about signing and accepting the CSRB    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of the final bonus installment of $10,000.00 of the CSRB was carefully considered and determined to have merit.

2.  He signed a Written Agreement for a CSRB on 20 November 2008 in the amount of $20,000.00.  He agreed to serve in AOC 90A for a period of 3 years.  He received his first installment of $10,000.00 in December 2008.  His second installment would be payable on 26 November 2011 but he did not receive his second installment. 

3.  Although an exception to policy was requested, the request to pay the second installment of the CSRB in the amount of $10,000.00 to the applicant was subsequently denied by NGB because the working copy of the CSRB agreement was filed in his records rather than the signed/dated documents.  This was no fault of the applicant.

4.  Evidence shows the applicant fulfilled the requirement of his Written Agreement for the CSRB, did absolutely nothing wrong, and upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the second installment of the CSRB in the amount of $10,000.00 according to the parameters of his Written Agreement for the CSRB.



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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a. showing he executed and signed a properly-prepared Written Agreement for a CSRB in the amount of $20,000.00 on 20 November 2008 and is, therefore, fully entitled to payment of the bonus in accordance with the terms of his agreement; and

   b. paying to him, in the amount of $10,000.00, the second installment of the CSRB, from ARNG funds, as a result of this correction.




      _______ _  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)                                         AR20120015768





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ABCMR Record of Proceedings (cont)                                         AR20120015768



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