PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 August 2003                   
	DOCKET NUMBER:   AR2003084459

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the original Optometry Retention Bonus (ORB) he signed in January 2002 be accepted, and that he be paid the $6,000 he should have received for that agreement, based on a contract date of 1 February 2002.

3.  The applicant states he submitted his ORB agreement in January 2002 along with a request to open a Thrift Savings Plan (TSP).  The TSP was opened as he requested, but he was not paid the $6,000 ORB.  When he made inquires into why he didn’t receive his ORB, his Military Personnel Office (MILPO) told him that they “took care of it and to resubmit his ORB contract.”  The applicant complied, but when he still didn’t receive his ORB, he learned that his contract never reached the Office of The Surgeon General (OTSG).  At that point, it was too late to process his ORB contract because it was a new fiscal year.

4.  In support of his request, he submits a copy of the ORB contract he signed on 29 January 2002.

5.  The applicant’s military records show that he entered on active duty on 6 March 1992 and was commissioned as a captain, Medical Service Corps, on 8 March 1992.

6.  On the date the applicant submitted his request to the Board, he was serving on active duty as a major.

7.  In the processing of this case, an advisory opinion was obtained from the OTSG.  The OTSG stated that the applicant was, in fact, eligible to execute a $6,000 ORB effective 1 February 2002.  When the applicant discovered that his ORB contract had not been received by the OTSG, he resubmitted his request, which was not received within the fiscal year in question.  The OTSG continues that it appears that the applicant’s ORB contract may have been lost through no fault of his own.  The OTSG recommends that the applicant’s current ORB contract effective date of 20021001 – 20040930 be adjusted to 20020201 – 20040131.  The applicant was provided a copy of the advisory opinion and was given an opportunity to respond.  He did not respond.

CONCLUSIONS:

1.  The Board accepts that the applicant completed an ORB contract in January 2002 and submitted it in a timely manner.

2.  As such, the Board agrees with the OTSG that it appears that his ORB contract was lost through no fault of his own.

3.  The applicant should not be penalized for events beyond his control.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the ORB contract effective date of the individual concerned be corrected from 20021001 – 20040930 to 20020201 – 20040131; and

	b.  paying to him the $6,000 ORB he should have received for 20020201 – 20030131.

BOARD VOTE:  

___mmb_  ____tbr__  ____aao_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Arthur A. Omartian_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084459	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030807	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.06	
2.		
3.		
4.		
5.		
6.