IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019078 


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 military occupational specialty (MOS) of 152B (OH-58 Helicopter Pilot).

2.  The applicant states he signed a CSRB contract on 1 July 2008.  It was also signed and approved by the appropriate officials and he met all of the requirements as a OH-58 helicopter pilot in MOS 152B.  However, the contract showed only 152 and not 152B as his MOS.  This error has led to his being denied the second part of his CSRB and the bonus being rescinded.

3.  The applicant provides copies of:

* Orders 205-504, Puerto Rico National Guard, dated 24 July 2006
* Memorandum implementing guidance for the Army National Guard (ARNG) CSRB, National Guard Bureau (NGB), dated 1 February 2008
* E-mail message listing 152B as a critical skill MOS, dated 21 May 2008
* Applicant's written agreement, dated 1 July 2008
* Memorandum, Request for Exception to Policy, NGB, dated 5 September 2012
* Memorandum, Notification of Incentive Eligibility Termination, Puerto Rico ARNG (PRARNG), dated 10 September 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 applicant’s 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 applicant’s 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 the applicant submitted this application he was serving in an active duty status as a chief warrant officer three, pay grade W-3, with the PRARNG.

3.  Orders 205-504, Puerto Rico National Guard, dated 24 July 2006, reassigned the applicant within the PRARNG to duty in MOS 152B effective 12 July 2006.

4.  The memorandum provided by the applicant implementing guidance for the ARNG CSRB, dated 1 February 2008:

	a.  provided policy guidance for implementing new CSRB for ARNG warrant officers;

	b.  stated the purpose of the policy was to retain qualified warrant officers who possessed critical skills;

	c.  included MOS 152B;

	d.  required warrant officers to hold the rank of CW2, pay grade W-2; and

	e.  required officers to have not attained more than 25 years of service during the period of the bonus.

5.  The applicant's Warrant Officer Written Agreement - Army Reserve Components CSRB, signed by him, as a CW2, on 1 July 2008 indicates that:

	a.  he understood each of the requirements for a CSRB;

	b.  a service representative signed the document on 11 July 2008 certifying that the applicant met the eligibility requirements for a CSRB;
	c.  a witness signed the statement on 2 July 2008 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 MOS 152.

6.  On 5 September 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 agreement containing an incomplete MOS of 152 and differing dates when each of the parties signed the agreement.

7.  On 10 September 2012, the State Incentive Manager, PRARNG notified the applicant that because his request for an exception to policy concerning his CSRB was disapproved, the $10,000 CSRB that he received would be recouped.

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 MOS 152B.

2.  The evidence of record clearly shows the applicant held a qualifying MOS of 152B and met all of the other requirements.  The subsequent denial of the second CSRB payment and rescinding of the bonus requiring recoupment of the first payment is due to unfortunate administrative mistakes in the contract.

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 contained his complete MOS of 152B and was signed by all parties on 1 July 2008.

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

	a.  showing he was fully qualified for a CSRB in MOS 152B;

	b.  that the agreement contained his complete MOS of 152B;

	c.  that all parties signed the written CSRB agreement on 1 July 2008; and

	d.  paying him all monies 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)                                         AR20120019078





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ABCMR Record of Proceedings (cont)                                         AR20120019078



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