IN THE CASE OF:  	  

		BOARD DATE:  18 November 2014	  

		DOCKET NUMBER:  AR20140003483 


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 cancellation of the recoupment of his Critical Skills Retention Bonus (CSRB).

2.  The applicant states:

* his CSRB was denied
* he wants his CSRB paid in full
* he maintained area of concentration (AOC) 13A (Field Artillery, General) for the duration of the 3-year obligation in the contract
* he was granted an exception to policy (ETP) for the 1-day difference in the date for the witness's signature
* the Arizona Army National Guard (AZARNG) processed the bonus control number and paperwork for the bonus
* he had no control over the negligent 9-month delay in processing

3.  In a letter, dated 10 January 2014, the applicant states:

	a.  He was awarded a retention bonus in March 2008 while serving in the AZARNG.  After transferring to the California ARNG (CAARNG) his bonus came under additional scrutiny and delays.  This resulted in a negative determination from the CAARNG State Incentive Manager's office.  However, there are multiple errors in this determination.

	b.  The ETP letter states he was not serving in the AOC for which he contracted.  He was involuntarily transferred to AOC 14A (Air Defense Artillery, General) due to a shortage of staff capable of filling the position.  He was eligible for promotion to major and was put into the only major slot that he had a chance of being promoted into.  During his 3-year contract obligation, he maintained AOC 13A per the contract.  He did take a 2-week transition course for AOC 14A 1 month prior to the end of his 3-year commitment.  However, due to medical issues, he was not able to complete an official branch transfer packet.

	c.  The ETP letter states his contract/bonus addendum contains a signature date not the same as the witnessing official.  He was granted an ETP regarding this issue.

	d.  The ETP letter states his bonus control number (BCN) was requested after the contract signature date.  Being in the ARNG, they often produce paperwork on the weekend when full-time staff is not available to process until the following business day.  Not to mention, through no fault of his own, the AZARNG delayed processing his bonus for 9 months.  After which they paid the first half of the bonus.  His bonus paperwork and first half of distribution began in Arizona with the AZARNG.

	e.  He believes he fulfilled his obligation under the terms of the contract.  He also went out of his way to fill several vacancies outside of his AOC to support their mission.  He hopes this additional effort does not cloud the issue and cast a negative impact on the determination for his bonus.

4.  The applicant provides:

* commander's recommendation letter
* ETP denial letter

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army and ARNG, the applicant was appointed as a first lieutenant in the ARNG on 14 September 1996.  He was promoted to captain on 15 April 2005.

2.  On 1 March 2008, he signed an Officer Written Agreement for a CSRB wherein he agreed to serve in the Selected Reserve (SELRES) in AOC 13A, designated as a critical skill, for a period of 3 years.  The addendum also shows he would receive a bonus of $20,000.00.  His records contain two agreements, one shows the witnessing officer signed the addendum on 2 March 2008 and the other shows the witnessing officer signed the addendum on 8 June 2008.

3.  The following DA Forms 67-9 (Officer Evaluation Report) show his AOC as 13A and:

	a.  he was assigned to an AOC 02A (Combat Arms Immaterial) duty position for the period 1 January 2008 through 6 June 2008;

	b.  he was assigned to an AOC 02A duty position for the period 7 June 2008 through 6 June 2009;

	c.  he was assigned to an AOC 13A duty position for the period 7 June 2009 through 6 June 2010; and

	d.  he was assigned to an AOC 13A duty position for the period 7 June 2010 through 6 June 2011.

4.  A DA Form 1059 (Service School Academic Evaluation Report), dated 3 February 2011, shows he completed the Air Defense Artillery Officer Reclassification Course.

5.  In June 2013, the National Guard Bureau disapproved the request for an ETP to retain the $20,000.00 CSRB offered to the applicant.  The memorandum states:

	a.  The State Incentive Manager will terminate the bonus with recoupment.

	b.  The applicant is not serving in the AOC for which he contracted which violates ARNG CSRB Policy, dated 1 February 2008.

	c.  The applicant's contract/bonus addendum contains a signature date that is not the same as the witnessing official which violates ARNG CSRB Policy, dated 1 February 2008.

	d.  The applicant's BCN was requested after the contract signature date which violates ARNG CSRB Policy, dated 1 February 2008.

6.  On 30 September 2013, his Federal recognition was withdrawn and he was transferred to the U.S. Army Reserve.

7.  He provided a memorandum from his commanding officer during the time in question, dated 8 December 2011, who states:

	a.  It is unfortunate the applicant was awarded a bonus and signed for it, but the witnessing authority signed on a different date and this caused the second half of the applicant's bonus to be suspended.  This was no fault of the applicant.

	b.  The applicant completed all of his training in accordance with his contract and thus far has honored his end of the agreement.  He was informed the applicant was paid $10,000.00 less taxes, which is half of the bonus.  Based on these facts, he strongly requests honoring the second half of the applicant's bonus as he has served honorably.

8.  Army Regulation 611-101 (Military Occupational Classification and Structure), states AOC 02A is a combat arms immaterial code.  This AOC commands or performs staff duties which require education, training, or experience associated with combat arms (armor, infantry, field artillery, engineer, air defense artillery, aviation) officers as a group.  Successful performance at the required grade in these positions does not require unique education, training, or experience associated with a specific branch or functional area.

9.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant signed a Written Agreement for a CSRB on 1 March 2008 wherein he agreed to serve in the SELRES in AOC 13A for a period of 3 years.  It appears he received the first installment of the bonus in the amount of $10,000.00.

2.  Although an ETP was requested, it appears the request to retain the $20,000.00 CSRB offered to the applicant was subsequently denied by the National Guard Bureau because he was not serving in the AOC for which he contracted, his addendum contained a signature date different from the witnessing official, and his BCN was requested after the contract signature.

3.  It is noted he completed the Air Defense Artillery Officer Reclassification Course in February 2011, but there is no evidence of record which shows he served in or held AOC 14A during the period March 2008 to March 2011.

4.  The evidence also shows he was assigned to an AOC 02A duty position from 1 January 2008 through 6 June 2009 and an AOC 13A duty position from 7 June 2009 through 6 June 2011 while holding AOC 13A.  Since AOC 02A is a combat arms immaterial position requiring an officer holding an armor, infantry, field artillery, engineer, air defense artillery, or aviation AOC, he did, in fact, serve continuously in the AOC for which he contracted.

5.  With regard to his addendum containing a signature date different from the witnessing official and the fact his BCN was requested after the contract signature, this was through no fault of the applicant.

6.  The evidence shows the applicant fulfilled the requirements of his Written Agreement for the CSRB, he did absolutely nothing wrong, and he upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the second installment of the CSRB in the amount of $10,000.00 according to the parameters of his Written Agreement.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  showing the applicant's request for an ETP to retain the $20,000.00 CSRB was approved;

	b.  showing the Department of the Army authorized him to receive a bonus in the amount of $20,000.00; and



	c.  paying him the second installment of the CSRB in the amount of $10,000.00 out of ARNG funds as a result of the above corrections.



      ___________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)                                         AR20140003483



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ABCMR Record of Proceedings (cont)                                         AR20140003483



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