BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130016518 


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).

2.  The applicant states he continues to serve his contractual agreement. 

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document)
* National Guard Bureau (NGB) Form 694-1 (Simultaneous Membership Program Agreement)
* DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract)
* Standard Form 88 (Report of Medical Examination)
* Headquarters, U.S. Army Cadet Command Orders 94-3-A-106
* officer appointment memorandum
* DA Form 71 (Oath of Office – Military Personnel)
* Headquarters, 84th Training Command Orders 8-134-00007
* Reserve Component (RC) Officer/Warrant Officer CSRB Written Agreement
* Nevada Military Department Office of the Adjutant General Orders 64-611
* Nevada Military Department Office of the Adjutant General Orders 305-674
* three memoranda supporting an exception to policy to retain the CSRB 
* request for exception to policy
* exception to policy denial
* DA Form 2-1 (Personnel Qualification Record) 

CONSIDERATION OF EVIDENCE:

1.  On 27 April 2002, he was commissioned as a Reserve commissioned officer in the rank of second lieutenant/pay grade O-1.  He was assigned to the Field Artillery branch.  He was a major/pay grade O-4 at the time he submitted this application.

2.  He served on active duty from April 2002 to through September 2005.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows his primary specialty (area of concentration (AOC)) as 13A (Field Artillery).

3.  On 26 November 2008, he signed an Officer/Warrant Officer Written Agreement – Army RC CSRB.  It indicates:

* he acknowledged he understood each of the requirements for a CSRB
* he acknowledged he was currently AOC qualified and serving in a valid position vacancy of a unit of the Selected Reserve
* he acknowledged that his AOC was a designated critical skill and was included on the CSRB list in effect at that time
* he agreed to continue to serve in the AOC designated (not annotated in the space provided) as a critical skill for a period of 3 years from the date of the written agreement in order to receive a CSRB in the amount of $20,000.00
* a service representative certified that he met the eligibility requirements for a CSRB
* a witness signed the statement verifying that he had seen the reading and signing of the document by the applicant and certifying representative

4.  His DA Form 2-1 shows his primary military occupational specialty code (AOC) as 13A.  It shows he was appointed as an officer in the Nevada (NVARNG) effective 2 November 2007, and he was assigned to duty in an AOC 19C (Cavalry) position as a Fire Support Officer in a cavalry unit.  On 4 March 2009, he was reassigned to an AOC 19C position as a Company Commander.

5.  He provides orders showing he was assigned to 19-series AOC positions in 2009 and 2011.

6.  He provides three memoranda in support of a request for an exception to policy to allow him to receive the CSRB in question.

	a.  Memoranda from the applicant and a squadron career counselor stated that the applicant –

* was assigned in the correct AOC for which the contract was signed
* involuntarily changed his AOC
* requested that his bonus not be recouped
* requested he be paid the 2nd payment of the bonus 

   b.  His squadron commander basically repeated the above statement.
   
7.  On 27 November 2012, the NVARNG State Education Services Officer requested that NGB grant an exception to policy for the applicant to receive the CSRB.  The requesting official stated the applicant transferred from active duty to the NVARNG on 13 May 2008.  The official stated that when the applicant signed the bonus addendum he did not specify what critical skill he was supposed to be retaining/serving in for the duration of the contract.  After further review, it was determined he was holding AOC 13A at the time of his retention, therefore that would be the required AOC that he needed to retain.  The official further stated that on 5 March 2009 the applicant was transferred from his 19B (sic) slot and accepted a 19C command position.  The applicant never became qualified in the 19-series AOC, and continuously maintained an AOC of 13A.

8.  On 17 May 2013, the Deputy G-1, ARNG, disapproved the applicant's request for an exception to policy for the CSRB.  NGB stated that the State Incentive Manager would terminate the applicant's bonus with recoupment.  The disapproval was based on:

* the applicant not serving in the AOC for which contracted, as he moved into an AOC 19C position within 4 months of signing the CSRB agreement
* CSRB agreement containing different signature dates from the applicant and the service representative
* contract/bonus addendum not showing the critical AOC in the space provided (memorandum from the State indicated he contracted in 13A AOC)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the evidence of record does not support his request.

2.  The evidence of record shows he has held a qualifying AOC of 13A since signing the CSRB agreement.  However, the CSRB was intended for the purpose of retaining an officer's actual service in a critical skill, not simply that they retain the critical skill.  The CSRB agreement shows he agreed to continue to serve in 13A AOC, designated as a critical skill, for a period of 3 years from the date of the written agreement in order to receive a CSRB in the amount of $20,000.00.  Evidence shows he was assigned to positions other than 13-series, namely 
19-series positions, effective 2 November 2007.  As such, he failed to fulfill a significant requirement of the CSRB agreement by not serving in 13A AOC for the required 3-year period.

3.  Considering all the facts of this case, there is no evidence of error, inequity, or injustice.  As such, there is no basis for granting the applicant's request.  

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 that 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)                                         AR20130016518



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ABCMR Record of Proceedings (cont)                                         AR20130016518



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