ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20170002033 APPLICANT REQUESTS: requests to retain the Critical Skills Retention Bonus (CSRB) incentive payments already received APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Statement in Support of Claim * Email Correspondence * CSRB Agreement * National Guard Bureau (NGB) Exception to Policy (ETP) Findings * DD Form 214 (Certificate of Release or Discharge from Active Duty) – 20 February 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty) – 16 January 2011 * Individual Dwell Time (IDT) Deployment Policy Message FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He requests an exception to policy that would allow him to retain portions of the CSRB that have already been paid out to him. He states he was command-directed to transfer to the mission occupational specialty 155E to fill a critical need for New Jersey National Guard (NJNG). He believes he fulfilled the requirements laid out by the unit leadership and the United States Army to complete and graduate from the 90-day fixed wing qualification course prior to his deployment date. b. In addition, he voluntarily waived the Department of Defense (DOD) - directed year of ‘dwell time’ to accept the command-direct transfer when all other NJNG aviators either refused or were deployed. Prior to the deployment, there was neither verbal nor written counseling given to him stating that he would not be fulfilling the CSRB. Furthermore, he had every reason to believe that he was fulfilling all requirements of the CSRB. 3. The applicant provides: a. A self-authored statement which states that he signed the CSRB Agreement on 16 June 2008. On March 3 March 2009, he met with the Commander and Operations officer of Det 19 in regards to filling a 155E billet in the unit. At this meeting, he was assured that the move would be a service-directed employment in another military specialty and that he met the requirements outlined in Section VII, 4.C of the CSRB. b. A statement submitted by the applicant’s commanding officer states the applicant was transferred to Det 19 to fill a critical positon for New Jersey Army National Guard for deployment. Without the transfer, the unit would not have deployed with requisite aviators. He added that consideration should be given in that the applicant transferred to the unit in order to deploy for the benefit of the Army and served with distinction and honor throughout his duration in the unit. Lastly, he recommends the applicant keep the portions of the CSRB already paid out. c. Email correspondence from him and NJNG leadership in regards to the fixed wing pilot position (see attached). d. The CSRB Written Agreement signed 16 June 2008, DD Form 214’s from 2009 and 2011 and the IDT Deployment Policy Message (see attached). e. The NGB ETP findings, dated 16 December 2015, stated the ETP to retain the $20,000 CSRB was disapproved based on the following discrepancies: * the applicant voluntarily transferred out of the contracted Area of Concentration (AOC) during the contractual agreement which violates DOD Instruction 1205.21, paragraph 6.6.2 * the Bonus Control Number was requested after the date of accession which violates Army National Guard Officer CSRB Policy 4. A review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve on 30 November 1994. b. He enlisted in the New Jersey Army National Guard (NJARNG) on 21 July 2003. c. On 8 September 2004, he was appointed as a Reserve Warrant Officer in the Army National Guard and on 5 July 2005, he was awarded the military occupational specialty (MOS) 153A0. d. On 16 June 2008, he signed a Critical Skills Retention Bonus (CSRB) written agreement in connection with his assignment to Company A 2/104th, General Support Aviation Battalion, UASA0, NJARNG. The agreement stated that he would receive $20,000 for continued service in AOC/MOS 153D, a designated as a critical skill for a period of three years from the date of the written agreement. e. He completed the U.S. Army Fixed Wing Multi-Engine Qualification Course on 25 September 2005 and effective 03 October 2009, his MOS changed to 155E, Fixed Wing Aviator. f. According to his prior DD Form 214s, he served in the MOS 153D from: * 17 February 2008 to 20 February 2009, for a period of 1 year and 4 days * 16 January 2010 to 16 January 2011, for a period of 1 year and 4 days 5. By regulation, National Guard Bureau (NGB) 600-7 (Selected Reserve Incentive Programs), a service member of the Selected Reserves who voluntarily executes a written agreement, in a designated skill or unit for at least one year may be paid a CSRB. Entitlement for a bonus for an officer/warrant officer is effective the date of execution of the CSRB written agreement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence showing that the applicant voluntarily transferred out of the contracted Area of Concentration (AOC) during the contractual agreement, the Board concluded there was no error or injustice which would warrant changing the record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. National Guard Bureau (NGB) 600-7 (Selected Reserve Incentive Programs), in effect at the time, governs incentive policies, procedures, and eligibility criteria for the administration of the Army national Guard Selected Reserve Incentive Personnel programs. a. Paragraph 1-25b (12) states that incentive eligibility will stop and termination with recoupment of incentives will occur if a soldier voluntarily moves to a non-bonus unit or mission occupational specialty (MOS). Termination is effective the date of the transfer into the new MOS. b. Chapter 4 of this regulation provides a service member of the Selected Reserves who voluntarily executes a written agreement, in a designated skill or unit for at least one year, may be paid a CSRB. Entitlement for a bonus for an officer/warrant officer is effective the date of execution of the CSRB written agreement. ABCMR Record of Proceedings (cont) AR20170002033 5 1