IN THE CASE OF:	  

		BOARD DATE:	     5 November 2013

		DOCKET NUMBER:  AR20130008597 


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 record to show he was eligible to receive the Dental Officer Retention Bonus effective 1 October 2012 instead of January 2013. 

2.  The applicant states a retention bonus program was established for Army National Guard (ARNG) dentists on 1 October 2012.  Initially, he was deemed ineligible for the bonus because his mandatory release date (MRD) was reflected in the database as 28 February 2013, which meant he had less than 1 year of service prior to mandatory retirement.  When investigating as to why his MRD was set 8 months prior to his 60th birthday, he realized his birth date had been transposed in his records and was entered as "19530211" (indicating 11 February 1953) instead of "19531102" (indicating 2 November 1953).  He had his birth date corrected in his records; however, as a result of the amount of time that it took to make this correction, his bonus effective date was delayed until January 2013.  He subsequently requested and was granted a 2-year extension of his MRD to 30 November 2015.  He is requesting that the effective date of his bonus be changed to 1 October for any future retention bonuses that he may receive.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a lieutenant colonel in the ARNG as a Dental Corps officer.
2.  His record contains a U.S. Army Recruiting Command (USAREC) Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract (Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties) which shows he entered into a written agreement to receive a $20,000 annual Special Pay in return for continuing to serve in the ARNG in specialty 63A (Dentist) for a period of 1 year.  He acknowledged the fact that he would incur a 1-year active duty service obligation which began immediately.  Both he and a retention coordinator authenticated this document with their respective signatures on 1 November 2012.

3.  His record contains an Addendum to USAREC Form 1166, for Retention Special Pay, dated 10 November 2012.  This form shows his Area of Concentration (AOC) as 63A, his date of birth as 2 November 1953, and his MRD as 30 November 2013.  This form indicates the applicant fulfilled all of the criteria for receipt of the retention bonus.  Both he and a retention coordinator authenticated this document with their respective signatures.

4.  His record contains Indiana Joint Forces Headquarters, National Guard, Indianapolis, IN, memorandum, subject: Selection for Retention (Two Years) Under the Provisions of National Guard Regulation 635-102 (Officers and Warrant Officers Selective Retention), dated 10 February 2013, rendered by the State Adjutant General (AG).  The AG informed the applicant that the 2013 Selective Retention Board had adjourned and forwarded its recommendations to him.  As a result, the AG informed the applicant that he had approved the board's recommendation to retain the applicant for a period of 2 years, the maximum allowable period, and that he would be considered again in Fiscal Year 2015.

5.  In the processing of this case, an advisory opinion was obtained from Chief, Personnel Policy Division (PPD), National Guard Bureau (NGB), Arlington, VA, on 24 July 2013.  The Chief, PPD acknowledged that a retention bonus program was available to Soldiers with a 63A/Dentist AOC on 1 October 2012 and noted the applicant completed a USAREC Form 1166 on 10 November 2012 for the $20,000 incentive in return for serving an additional year in the SELRES.  He further acknowledged the applicant was initially deemed ineligible for the bonus because his MRD was recorded as 28 February 2013 based upon an erroneous entry for his date of birth.  Once the birth date discrepancy was resolved, an extension of the applicant's MRD was approved and it is now 30 November 2015.

6.  The Chief, PPD stated the error in the applicant's MRD has nothing to do with the date he signed the USAREC Form 1166.  The incentive was available in October 2012, but the applicant did not apply for the incentive until November.  He stated the Incentives Branch at NGB cannot approve the applicant's request based on Title 37 U.S. Code, Section 302g(a) (Special Pay Authorized) which provides "An officer of a reserve component of the armed forces described in subsection (b) who executes a written agreement under which the officer agrees to serve in the SELRES of an armed force for a period of not less than 1 year nor more than 3 years, beginning on the date the officer accepts the award of a special pay under this section, may be paid special pay at an annual rate not to exceed $25,000."  In view of the foregoing, the advisory official recommended the applicant receive partial administrative relief and be afforded the opportunity to submit the contract to receive the incentive through the Indiana ARNG (INARNG), based on the 1 November 2012 signature; not the 1 October 2012 date the applicant requested.  The INARNG concurs with this recommendation.  The applicant was provided a copy of the advisory opinion and afforded an opportunity to submit a written response, but chose not to do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was eligible to receive the Dental Officer Retention Bonus effective 1 October 2012 instead of January 2013 was carefully considered and deemed to have merit. 

2.  Evidence clearly shows he executed a USAREC Form 1166 on 1 November 2012 in order to accept the bonus in return for serving an additional year in the SELRES in AOC 63A.

3.  Evidence also shows approval of his request was delayed to January 2013 due to an erroneous entry for his date of birth which, in turn, had resulted in him being assigned an erroneous MRD.

4.  Notwithstanding the advisory opinion, although the applicant did not apply for the incentive until 1 November 2012, the incentive was available October 2012 and this incentive typically is authorized based upon the fiscal year (1 October through 30 September).  Therefore, in the interest of equity, it would be appropriate to correct the applicant's record by changing the effective date of his Dental Officer Retention Bonus from January 2013 to 1 October 2012.

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 and State Army National Guard records of the individual concerned be corrected by changing the effective date of his Dental Officer Retention Bonus from January 2013 to 1 October 2012.




      __________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)                                         AR20130008597





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ABCMR Record of Proceedings (cont)                                         AR20130008597



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