IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130016351 


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, in effect, approval of an exception to policy (ETP) allowing him to retain his Critical Skills Retention Bonus (CSRB).

2.  He states the National Guard Bureau (NGB) denied his request for an ETP to retain the CSRB.  He requests that the Army Board for Correction of Military Records direct NGB to refrain from termination of his bonus, to not initiate recoupment of the first half of the bonus, and to pay the second half of the bonus.  He believes he has satisfied the requirements of the CSRB agreement after serving the required 3 years.

3.  He states he entered into the agreement with the consent of the retention officer and personnel officer, who both signed the agreement.  He presumed one of them was responsible for requesting a bonus control number (BCN) from NGB.  He has no knowledge of what a BCN is and he does not believe it was his responsibility to obtain one or that the absence of a BCN was justification for termination and recoupment.  None of the provisions for termination in the CSRB agreement apply to him.

4.  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 applicant completed 11 years, 3 months, and 3 days of prior commissioned service in the U.S. Marine Corps.  On 11 May 2005, he executed the oaths of office as a captain (CPT)/O-3 in the New York Army National Guard (NYARNG).  His records show he was appointed in the Quartermaster Corps in area of concentration (AOC) 92F (Petroleum and Water).

2.  His records contain an Officer/Warrant Officer Written Agreement – Army RC CSRB signed by him, a service representative, and a witnessing officer on 16 July 2008.  He acknowledged that in connection with his assignment to the Early Entry Element, 369th Sustainment Brigade, he met the eligibility criteria for a $20,000.00 CSRB.  He agreed that he would continue to serve in AOC 92F which had been designated as a critical skill for a period of 3 years from the date of the agreement.  By signing the agreement, he acknowledged, in part, that he had 6 or more years and not more than 12 years of commissioned service from his date of commission.  The document does not show a BCN was assigned.

3.  On 12 November 2008, the Office of the Adjutant General, Joint Force Headquarters, Latham, NY, issued Orders 317-1010 transferring him from his assignment as a Fuel Operations Officer, Early Entry Element, 369th Sustainment Brigade, to assignment as a Detachment Commander, Headquarters, 53rd Troop Command.  The orders show the new assignment was in AOC 92A (Quartermaster Supply and Materiel Management).  On 4 August 2011, the same headquarters issued Orders 216-1024 amending 
Orders 317-1010 to show his transfer was involuntary due to the needs of the NYARNG.

4.  He was promoted to major (MAJ)/O-4 effective 6 January 2009.

5.  On 23 September 2011, the Office of the Adjutant General, Joint Force Headquarters, Latham, NY, issued Orders 266-1030 releasing him from assignment as a Detachment Commander, Headquarters, 53rd Troop Command, and assigning him as a staff officer with an element of the Joint Force Headquarters.  The new assignment was in AOC 90A (Multifunctional Logistician).

6.  On 14 December 2011, he was honorably discharged from the NYARNG and transferred to the U.S. Army Control Group (Individual Ready Reserve).

7.  He provides a memorandum from the Deputy G-1, ARNG, NGB, dated 1 July 2013, subject:  Request for ETP for Officer CSRB (Applicant).  The memorandum shows the Deputy G-1 denied the request for an ETP allowing the applicant to retain the $20,000.00 CSRB.  The basis for denial was that a BCN was requested after the date of the applicant's accession, which was in violation of ARNG CSRB Policy, dated 1 February 2008.  The Deputy G-1 directed the State Incentive Manager to terminate the bonus with recoupment.

8.  On 1 February 2008, NGB issued a memorandum, subject:  ARNG Implementation Guidance for the ARNG CSRB.  The memorandum states the CSRB is authorized for officers who agree to continue to serve in a modified table of organization and equipment unit or a deployable table of distribution and allowances unit in a designated critical skill for a 3-year contract period.

	a.  The CSRB is available to officers who:

* have completed any current contractual obligation or bonus contract
* hold the rank of CPT/O-3
* will not attain 25 or more years of service during the bonus entitlement period
* have not less than 6 and not more than 12 years of commissioned service from the date of commission
* are not within 12 months of any transfer from active duty or another component of the Selected Reserve
* possess a valid baccalaureate degree from an accredited institution
* are fully qualified and serve in a designated critical skill AOC
* serve in a valid position vacancy
* have not been non-selected for promotion to MAJ/O-4

	b.  The CSRB is paid in two installments:  50 percent processed for payment on the effective date of the CSRB written agreement and 50 percent processed for payment on the third-year anniversary of the effective date of the CSRB agreement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his records to show NGB approved his request for an ETP allowing him to retain the CSRB.

2.  The Deputy G-1, ARNG, NGB, stated the reason for denial of an ETP was that a BCN had been requested after the date of accession.  However, the CSRB is not an accession bonus and this was not the appropriate reason for denying the ETP.

3.  The reason for denying the ETP should have been the fact that the applicant had more than 12 years of commissioned service on the date he signed his Officer/Warrant Officer Written Agreement – Army RC CSRB.  This condition is clearly stated in the agreement he signed and in CSRB policy.  Based on this reason for denial, termination of the CSRB contract with recoupment is appropriate.

4.  In view of the foregoing, there is no basis for granting the requested relief.

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 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)                                         AR20130016351



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ABCMR Record of Proceedings (cont)                                         AR20130016351



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