ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 July 2020 DOCKET NUMBER: AR20180002681 APPLICANT REQUESTS: payment of the U.S. Army Reserve (USAR) Critical Skills Retention Bonus (CSRB) in the amount of $10,000.00. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Orders 254-1312, U.S. Army Installation Management Command and Headquarters, U.S. Army Garrison, Fort Sill, dated 13 September 2011 (Reserve Commission) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Written Agreement – USAR Officer CSRB Acknowledgement, dated 10 July 2017 * Memorandum, Headquarters, U.S. Army Reserve Command (USARC), dated 7 September 2017, subject: Suspension of USAR CSRB * Email, 99th Readiness Division G-8 and USAR Legal Command, dated 6-11 December 2017 REFERENCES: 1. All Army Activities (ALARACT) Message 007/2008, dated 18 January 2008, provided the Army National Guard (ARNG) and USAR policy for implementing and using the CSRB for ARNG officers and warrant officers and USAR captains. The CSRB was used to retain qualified commissioned and warrant officers possessing the critical skills and grades designated by the principal Deputy Under Secretary of Defense for Personnel and Readiness as critical to meet manpower shortages in the ARNG of the United States and USAR. The CSRB applied to USAR captains who agreed to serve for 3 years in a USAR troop program unit in select areas of concentration (AOC). Judge Advocate General (AOC 27A) was listed as a critical skill AOC for the ARNG. AOC 27A was not listed as a critical skill AOC for the USAR. All USAR captains who were eligible under this CSRB must: a. currently not be under an agreement for an officer accession or affiliation bonus; b. have completed their statutory military service obligation; c. not attain or exceed 25 years of service on active duty or in an active status during the bonus agreement period; d. possess a critical skill specified in this ALARACT for USAR captains; e. be AOC qualified and assigned against a valid position vacancy on the Unit Manning Report; f. agree to waive a stabilization period and mobilize with their current unit, if required, regardless of previous mobilizations or deployments; and g. meet the eligibility criteria and sign an agreement to receive the bonus. 2. Title 37, U.S. Code, section 355 (Special Pay: Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units): a. Retention Bonus Authorized. An officer or enlisted member of the Armed Forces who was serving on active duty in a Regular Component or in an active status in a Reserve Component and who was qualified in a critical military skill designated under subparagraph 2b below or accepts an assignment to a high-priority unit designated under such subsection may be paid a retention bonus as provided in this section if the officer executes a written agreement to remain on active duty for at least 1 year or to remain in an active status in a Reserve Component for at least 1 year. b. Eligibility Criteria. (1) A designated critical military skill referred to in subparagraph 2a above, was a military skill designated as critical by the Secretary of Defense. (2) The Secretary of Defense may designate a unit as a high-priority unit regarding which a retention bonus will be provided to a member of the Armed Forces who agrees to accept an assignment to the unit under subparagraph 2a above. c. Payment Methods. A bonus under this section may be paid in a single lump sum or in periodic installments. FACTS: 1. The applicant states she signed a USAR CSRB acknowledgment on 8 July 2017 and it was signed by the service representative on 10 July 2017. The USARC G-1 suspended payment of CSRB bonuses effective 28 August 2017; however, approval of her CSRB occurred before the USARC G-1 suspended the CSRB. She attempted to address this issue through her unit administrator and the 99th Readiness Division G-8. She was referred to the Army Board for Correction of Military Records (ABCMR) for redress. 2. ALARACT Message 007/2008, dated 18 January 2008, listed Judge Advocate General (AOC 27A) as a critical skill AOC for the ARNG; AOC 27A was not listed as a critical skill AOC for USAR captains. 3. Following service as a Regular Army enlisted Soldier, the applicant was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant and executed the oath of office on 21 August 2008. 4. She was promoted to the rank/grade of captain/O-3 effective 1 October 2011. 5. She executed a Written Agreement – USAR Officer CSRB Acknowledgement on 8 July 2017 and the service representative signed the written agreement on 10 July 2017. The written agreement shows: a. she was currently AOC qualified and serving in a valid position in a USAR troop program unit; b. her AOC was a designated skill and was included on the current Selected Reserve Incentive Program Policy Memorandum as bonus eligible; c. she would continue to serve in AOC 27A for a period of 3 years from the date of the written agreement; d. she understood each of the requirements for a CSRB; e. her CSRB was $10,000.00 for service in AOC 27A; f. termination of her CSRB would be based on the following: (1) become an unsatisfactory participant per Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements), or voluntarily or because of misconduct, did not complete the term of obligated service in the designated CSRB for which the bonus was paid; (2) voluntarily separate from the Selected Reserve or transfer to a non-critical skill AOC within the obligated period, except to fulfill promotion obligation; (3) fail to become AOC qualified within 24 months, following an involuntary reassignment to an AOC other than that for which she had signed this agreement; or (4) accept an Active Guard Reserve or full-time military technician position, or voluntary transfer to an individual mobilization augmentee/drilling individual mobilization augmentee assignment within the obligated period. g. the following reasons would be cause for termination; however, recoupment action would not be exercised: (1) death of the Soldier was not a result of the Soldier's misconduct; (2) injury or illness of the Soldier was not a result of the Soldier's misconduct; (3) service-directed employment in another military specialty, drawdown or elimination of the specialty, or involuntary reduction in force; or (4) separation or reassignment for hardship or dependency; and h. the service representative certified the applicant met the eligibility requirements for a CSRB and verified the AOC was currently eligible. 6. The memorandum from Headquarters, USARC, dated 7 September 2017, subject: Suspension of USAR CSRB, states: a. Effective 28 August 2017, the USAR CSRB for all officers, noncommissioned officers, and warrant officers was suspended until further notice. No CSRB Written Agreements would be accepted or approved on or after 28 August 2017. Soldiers would be notified when the suspension had been removed. The CSRB was not retroactive. b. Soldiers with pending applications that were on hold due to not meeting eligibility requirements would not be processed. c. CSRB applications for Soldiers who were notified of missing or outdated information and did not submit the requested information would not be processed. 7. The email correspondence from the 99th Readiness Division G-8 and USAR Legal Command Unit Administrator shows: a. On 6 December 2017, the USAR Legal Command Unit Administrator contacted the 99th Readiness Division, requesting assistance finding a checklist for an officer CSRB. He stated the applicant was under the impression the bonus was automatic, but he informed her that a checklist is normally forwarded to the higher headquarters to have the bonus processed. b. On 7 December 2017, the 99th Readiness Division G-8 representative contacted the USARC G8, asking why the applicant was not paid before the CSRB was suspended on 28 August 2017. c. On 11 December 2017, the USARC G-8 responded that although the CSRB was approved before CSRBs were suspended, the unit was not authorized to offer the bonus. The USARC G-8 cannot authorize payment knowing the CSRB was not authorized. The applicant would have to request relief through the ABCMR. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board agreed that, although the applicant may have had a reasonable expectation that she would be paid the CSRB, a change in policy prevented that from happening. The Board further agreed that there is insufficient evidence to support a conclusion that the applicant was treated inequitably. Based on a preponderance of evidence, the Board determined there is no error or injustice in the fact that the applicant was not paid the CSRB. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002681 6 1