IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20200010197 APPLICANT REQUESTS: in effect, payment of the remainder of his 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) * Orders 203-805, issued by Military Department of Arkansas Office of the Adjutant General (TAG), dated 21 July 2008 * Officer/Warrant Officer Written Agreement - Army Reserve Component (RC) CSRB, dated 22 September 2008 * Orders 354-856, issued by the Military Department of Arkansas Office of TAG, dated 19 December 2008 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 18 February 2009 * Emails, dated 10-11 April 2009 * Orders 208-12, issued by National Guard Bureau (NGB), dated 27 July 2009 * Orders 212-809, issued by the Military Department of Arkansas Office of TAG, dated 31 July 2009 * DD Form 827 (Application for Arrears of Pay), undated * Emails and supporting letter, dated 9 December 2011 * Memorandum for Defense Finance and Accounting Service (DFAS), subject: Out of Service Bonus Claim for Applicant, dated 9 December 2011 * Memorandum for Record, issued by the applicant for an Exception to Policy (ETP) for his CSRB, dated 11 March 2019 * Memorandum issued by the Military Department of Arkansas Office of TAG, recommending approval of the Applicant's ETP, dated 5 December 2019 * Memorandum for the ARARNG, dated 20 February 2020, denying the Applicant's ETP * Personal Statement, dated 19 June 2020 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 (ABCMR) 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 wants the remaining $10,000 anniversary payment of his $20,000 CSRB that was due to him on 22 September 2009. b. He received the initial $10,000 installment, and was informed by the incentive manager at the time, that he would not receive the second $10,000 anniversary installment, because he accepted an Active Guard Reserve (AGR) position. He was informed the current regulation authorized him to receive the full payment, prior to his AGR start date. c. He has made several attempts over the years to have this issue resolved. He requested from the Army National Guard (ARNG) to submit an ETP on 11 March 2019; however, the ETP was denied by NGB on 20 February 2020. d. He is now submitting an ABCMR request per the course of action listed on the his ETP denial letter. 3. The applicant provides the following documents: a. Emails, dated 10-11 April 2009, reflect the applicant's attempts to inquire about his ETP for his CSRB. It states in part, "...he accepted an AGR position after he contracted for the incentive. And because he contracted for the CSRB as an M-Day Officer while he was deployed, and was not AGR while deployed, him accepting an AGR position after the fact is a violation of the above CBRB policy. However, with this particular issue, there is a conflict in what the policy reads vs. what is included in the actual CSRB addendum. The CSRB addendum does not mention acceptance of an AGR position as a reason for termination..." b. DD Form 827 (Application for Arrears of Pay), undated, shows he request for arrears of pay for the period of 22 September 2011 to 22 September 2011. It states, "[Applicant] signed and was eligible for CSRB on 22 September 2008. Soldier accepted a Title 10 AGR position on 31 August 2009. Per Education and Incentives Operation Message (EIOM) 09-001 dated 29 October 2008, paragraph 2b, any unpaid portion of the will incentive be paid to the officer. [Applicant] was due his anniversary payment of $10,000 on 22 September 2009. Since the Soldier no longer has a DFAS Master Military Pay Account (MMPA), the payment must now be processed as an out of service claim. I have not received the anniversary payment for the CSRB in the amount of $10,000." c. Emails and letter, dated 9 December 2011, shows the applicant submitted his "out of service claim" for his anniversary CSRB payment in the amount of $10,000. He states he received the first part of his bonus in Iraq 2008. His contract stated that he would be issued the second half of his bonus on the third year anniversary of his extension. September 2011 was the third anniversary. His contract also stated that both phases of his payments would be tax free and his second payment should be tax free as well. d. Memorandum for DFAS, subject: Out of Service Bonus Claim for Applicant, was submitted to DFAS on 9 December 2011, by the applicant's State Incentive Manager at the ARARNG. e. Memorandum for Record, issued by the applicant for an ETP for his CSRB, dated 11 March 2019, explained in detail on why he is entitled to the $10,000 anniversary payment for CSRB. f. Memorandum issued by the Military Department of Office of TAG, recommended approval of the applicant's ETP, dated 5 December 2019. g. Memorandum for the ARNG, issued by the NGB, dated 20 February 2020, denied the applicant's ETP. It states, "An ETP to retain the $20,000.00 CSRB is disapproved for the discrepancy: [applicant] became AGR which violates NG CSRB Policy, 1 February 2008, paragraph 9a(4). The discrepancy identified in paragraph 2 violates NG CSRB Policy and therefore, disapproves the request. The ARNG does, however grant relief from recoupment for the [applicant] has received the initial payment, but accepted an AGR position during the contract period. The State Incentive Manager will terminate the incentive without recoupment effective the date of acceptance of the AGR position, 31 August 2009." h. Personal Statement, dated 19 June 2020, states: (1) "I contracted for the $20K CSRB on 22 September 2008 while I was deployed. I was paid the initial portion of $10,000 around October or December of 2008. At the time that I signed the CSRB contract I knew both AGR and M-day personnel were authorized to contract for the incentive as long as they were qualified in a critical skill. I contracted in the 25A area of concentration (AOC), and I was informed that it was critical on the day I contracted for the incentive. Additionally, my transfer orders are included, as I was transferred a few times during the deployment. I accepted a Title 10 AGR position 31 August 2009. I was not informed that accepting the AGR position would violate the terms of my contract, nor did my contract stipulate this information. (2) I had numerous conversations with the incentive manager at the time, about when I would receive it. I was later informed that I was not receiving it. The incentive manager also informed me that 'Everybody that contracted within your brigade has not been paid as well.' I asked if I could submit an Inspector General (IG) complaint, and she informed me I could but it would not help. She never provided me a reason for why it was not being paid. I also did not receive a termination notification. (3) In January of 2019, CW2 D- C- reviewed my CSRB incentive and informed me that I had the option to submit an ETP because it appeared that the AGR position would be the reason for termination according to the policy. I agreed that I wanted to submit an ETP. AGR acceptance was not listed on my addendum as a reason for termination. I was not provided a copy of the policy when I contracted for the CSRB incentive. Furthermore, I was unaware that there was a discrepancy in verbiage that existed between the CSRB addendum and policy. The ETP request was forwarded to MAJ on 10 April 2019. On 30 March 2020, MAJ forwarded the ETP denial from NGB, dated 20 February 2020. (4) I wish to submit an ABCMR request because this issue has gone on entirely too long. I have gone a long time without being provided any answers about the second half of my CSRB incentive, after asking numerous times. I do not feel as if any Soldier or Officer should have to jump through hoops to receive information about their incentive. ARARNG submitted ETP documentation to NGB that shows the state attempted to process an out of service claim on my behalf on 9 December 2011. I respectfully request the ABCMR approve my request to be paid the second, $10,000 installment of my CSRB incentive." 4. A review of the applicant's service record shows in: a. DA Form 71 (Oath of Office), shows he took his oath of office as a Reserve Commissioned Officer on 7 March 2003. b. Orders 349-255, issued by Military Department of Arkansas Office of TAG, dated 20 December 2007, shows he was ordered to active duty as a member of the RC unit, for a period not to exceed 400 days, for the purpose of Operation Iraqi Freedom, effective 5 January 2008. c. Orders 203-805, issued by Military Department of Arkansas Office of TAG, dated 21 July 2008, shows he was assigned to position as the Operations Officer, with Company B, 217th BSB Fires Brigade, with an effective date of 10 July 2008 d. Officer/Warrant Officer Written Agreement - Army RC CSRB, dated 22 September 2008, shows he acknowledged the following: (1) Section III Acknowledgement: * He is currently AOCQ/MOSQ and serving in a valid position vacancy of a unit/troop program unit of the Selected Reserves (SELRES) * His AOC/MOS is a designated critical skill and is included on the current CSRB List * His current grade is on current CSR8 list and he will not attain or exceed 25 years of service on active duty or in an active status during the bonus agreement period * He has completed my statutory military service obligation (MSO) (USAR commissioned officers only). * He has six or more years and not more than twelve years of commissioned service from my date of commissions (ARNG commissioned officers only) * He is not within twelve months of a transfer from active duty or another component of the SELRES (ARNG commissioned officers only) * He possesses a valid baccalaureate degree from an accredited institution of higher learning (ARNG commissioned officers only) * He has not been non-selected for promotion to major by a Department of the Army Mandatory Promotion Selection Board (ARNG commissioned officers only) * He is not currently under contract for any bonus in a SELRES unit * He will continue to serve in AOC/MOS designated as a critical skill for a period of three years from the date of this written agreement * He will serve satisfactorily, as prescribed by the service regulations and this written agreement (2) Section IV Obligation: He understood and acknowledged that he must satisfactorily serve for the period stated in Section V of this agreement in a CSRB designed critical skill. (3) Section V Entitlement: He is eligible for the CSRB, by agreeing to serve in AOC/MOS designed as a critical skill for a period of 3 years, in the amount of $20,000. Payments for the CSRB will not be made before the start of the service period for which the CSRB is being awarded. e. Orders 354-856, issued by the Military Department of Arkansas Office of TAG, dated 19 December 2008, shows he was transferred to S6, Headquarters, Headquarters Battalion, 2nd Battalion, 142nd Field Artillery, effective 31 December 2008. f. Orders 357-0216, issued by Camp Shelby Joint Forces Training Center, dated 22 December 2008, shows he was released from active duty and assigned to the HHC, 217th BSB Fires Brigade, effective 18 February 2009. g. DD Form 214, for the period ending on 18 February 2009, shows he was honorably released from active duty due to the completion of his required active service. It states in: * Item 2 (Department, Component and Branch): Army/NGUS/Supply Corps * Item 11 (Primary Specialty): 25A Signal, General - 5 years, 8 months * Item 12a (Date Entered AD This Period): "2008 01 05" * Item 12b (Separation Date This Period): "2009 02 18" * Item 18 (Remarks): in pertinent part: "Service in Iraq 20080317 - 20081217" h. Orders 208-12, issued by NGB, dated 27 July 2009, shows he was ordered to active duty in a AGR status in the grade of Captain. i. Orders 212-809, issued by the Military Department of Office of TAG, dated 31 July 2009, shows he was transferred to the Officer Section Joint Forces Headquarters, effective 31 August 2009. j. Orders 339-816, Military Department of Office of TAG, dated 4 December 2012, shows he was transferred to Logistics, with an effective date of 1 December 2012. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. The Board carefully considered the applicant's statement, military record and regulatory guidance. Based on the preponderance of the documentation available for review, the Board determined the evidence presented sufficient to warrant recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * reinstating the applicant's eligibility to retain the Critical Skills Retention Bonus * cancellation of any debt he might have incurred as a result of having been determined ineligible * repayment of any monies recouped and payment of monies due, the amount of which to be determined by the Defense Finance and Accountability Services. 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 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. Department of Defense Instruction (DODI), which is the guidance for Administration of Enlistment Bonuses, Accession Bonuses for New Officers in Critical Skills, Selective Reenlistment Bonuses, and Critical Skills Retention Bonuses. This Instruction implements policies, assigns responsibilities, and prescribes procedures under reference (a) with regard to the administration of the enlistment and Selective Reenlistment Bonuses (SRBs) for enlisted Service members, CSRBs) for enlisted Service members and Officers, and the accession bonus for new officers in critical skills. a. Section E1.4.1 (CSRB), states, the CSRB provides a monetary incentive to individuals to maintain adequate numbers of Officers or enlisted personnel in designated critical skills needed to sustain the career force or assigned in designated high priority units. The intent of the bonus is to obtain active duty service agreements of at least 1 year from Service members currently serving in critical skills or high prioritv units designated for bonus eligibility. b. Section E1.4.5, states, an individual Service Member Eligibility Criteria. An Officer or an enlisted Service member is eligible to receive a CSRB if the Service member meets all of the following conditions: (1) E1.4.5.1. The Service member is serving on active duty in a Regular Component or in an active status in a reserve component. (2) E1.4.5.2. The Service member is qualified in a designated critical skill or accepts an assignment to a designated high priority unit. (3) E1.4.5.3. In the case of an officer, the member executes a written agreement to remain on active duty for at least one year or to remain in an active status in a Reserve Component for at least one vear. An enlisted member (other than a member serving on an indefinite enlistment), reenlists or voluntarily extends his or her enlistment for a period of at least 1 year. (4) E1.4.7.1 Amount of Payment. The amount payable in a CSRB shall be established by the Secretary of the Military Department concerned, but it shall neither result in payment inconsistent with the maximum amounts prescribed in Section 323(d) of reference (b), nor may it exceed an annual payment of $30,000 to any Service member unless the PDUSD(P&R) has granted an exception to that annual $30,000 maximum. c. Section E1.5.1.4 (Repayment of Bonus for Failure to complete Service Obligation or Failure to Retain Technical Qualifications, states, with respect to a CSRB, an officer who has entered into a written agreement fails to complete the total period of active duty specified in the agreement. d. Section E1.5.5.2 (Unpaid Installments), states, the Secretary of the Military Department concerned may determine that unpaid installments shall be made to the individual Service member if the Secretary of the Military Department concerned determines that it is against equity and good conscience, or contrary to the best interest of the United States, to deny payment of future installments under the circumstances. 3. On 1 February 2008, the NGB published implementation guidance for the ARNG CSRB. The guidance stated that, among other requirements, eligible officers must have completed any current contractual obligation or bonus contract obligation incurred as a result of participation in the OAB and must have been fully qualified and serving in a designated critical skill AOC in a qualifying unit. 4. Title 37, U.S. Code, section 323, states retention incentives for members qualified in a critical military skills or assigned to high priority units. a. Retention Bonus Authorized: An officer or enlisted member of the armed forces who is serving on active duty in a regular component or in an active status in a reserve component and who is qualified in a critical military skill designated under subsection (b) 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, in the case of an officer, the member executes a written agreement to remain on active duty for at least one year or to remain in an active status in a reserve component for at least one year. b. Designation of Critical Skills Eligibility Criteria. A designated critical military skill referred to in subsection (a) is a military skill designated as critical by the Secretary of Defense. c. Payment Methods. A bonus under this section may be paid in a single lump sum or in periodic installments. d. Maximum Bonus Amount: (1) A member may enter into an agreement under this section, or reenlist or voluntarily extend the member's enlistment, more than once to receive a bonus under this section. However, a member may not receive a total of more than $200,000 (or 100,000 in the case of a Reserve Component member) in payments under this section. (2) The limitation in paragraph (1) on the total bonus payments that a member may receive under this section does not apply with respect to an officer who is assigned duties as a health care professional. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010197 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1