BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140002373
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, the final Army Reserve Components Critical Skills Retention Bonus (CSRB) payment in the amount of $10,000 as shown in his 2008 contract.
2. The applicant states, in effect, even though all service obligations and requirements were more than fulfilled the second installment of the bonus was not paid because his unit lost the completed documents. The original hard copy was recently discovered, thus his records need to be corrected and the final payment should be awarded.
3. The applicant provides copies of his CSRB contract; six pages of e-mail relating to his request; a recoupment notice; and a memorandum, request for an Exception to Policy (ETP).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) as a cadet on
24 August 1994. He was commissioned a second lieutenant on 11 May 1997.
2. On 7 April 1999, he was transferred to the Georgia Army National Guard (ARNG) in the rank of first lieutenant.
3. On 7 October 2008, the applicant completed a CSRB agreement in the amount of $20,000 to be paid in two installments. The second installment was to be paid on the third-year anniversary of the effective date of the contract.
4. The applicant was deployed at the time his second payment came due. It was determined that the reason the payment was not made was his integrated Personnel Electronic Record Management System (i-PERMS) record did not contain his CSRB contract.
5. The applicant's wife located a copy of his CSRB contract and forwarded it to the appropriate authorities. However, the second payment of the CSRB was denied due to the fact that the contract did not contain all required signatures.
6. On 17 February 2012, the applicant's command requested an ETP to allow him to retain the CSRB.
7. On 26 July 2012, the Deputy G1, ARNG, National Guard Bureau, denied the ETP request for the applicant to retain the $20,000 CSRB. The reason for the denial was that there were no corroborating signatures by a Service Representative or a Witnessing Officer and the Bonus Control Number was not initiated until 8 December 2008. Relief from recoupment was granted for that portion of the bonus already disbursed.
8. The applicant's pay records show he received the first CSRB payment, which was one half of the bonus.
DISCUSSION AND CONCLUSIONS:
1. The applicant qualified for and was granted a $20,000 CSRB in 2008.
2. It appears that due to improper records keeping an actual copy of the agreement was not retained in his iPERMS record.
3. The applicant was issued one payment (one half of the bonus), less taxes.
4. The applicant has met his obligation to serve in his area of concentration for over 3 years and it is an injustice to deny him the second half of the CSRB due to the loss of his contract or because the document does not contain the appropriate signatures, which was no fault of his.
5. Therefore, the applicant's records should be corrected to show he completed the CSRB written agreement and a Bonus Control Number was initiated on
7 October 2008, a copy of the agreement was properly signed and filed in his records, and he is entitled to the second payment of the CSRB at this time.
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 Army National Guard records of the individual concerned be corrected by:
a. showing, on 7 October 2008, the applicant completed a written CSRB agreement, it was assigned a Bonus Control Number, and the document was properly signed by all required officials and filed in his records; and
b. directing the Defense Finance and Accounting Service to pay the applicant the second half of the CSRB, in the amount of $10,000, less the appropriate taxes from Army National Guard funds.
_______ _ 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) AR20140002373
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