IN THE CASE OF: BOARD DATE: 28 April 2015 DOCKET NUMBER: AR20140016088 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 an Exception to Policy (ETP) to retain a $10,000.00 Reenlistment/Extension Bonus (REB). 2. The applicant states that on 14 June 2013, the National Guard Bureau (NGB) improperly denied him a $10,000.00 REB. The denial stated the bonus only applied to military occupational specialty (MOS) 15P (Aviation Operations Specialist). The applicant was classified as a 13M (Multiple Launch Rocket System Crewmember); however, he was still a 15P when 50 percent of the bonus was due. In addition, the remaining $5,000.00 should have been applied because the applicant was forced to reclassify his MOS in order to deploy. He states there were no available 15P positions within his driving range; therefore, his contract was forcibly altered and ratified because he could not willingly deploy in his contracted MOS. 3. The applicant provides a memorandum from the NGB. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Although the applicant lists Counsel, he did not render a request on the applicant's behalf. 2. Counsel provides no additional statement. 3. Counsel provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Connecticut Army National Guard (ARNG) for a period of six years on 8 December 2006. This action established his expiration term of service (ETS) as 7 December 2012. He completed training and he was awarded MOS 15P. Evidence shows he was ordered to active duty in support of Operation Iraqi Freedom and served in Kuwait for the period 11 October 2009 to 30 July 2010. 2. On 12 December 2011, the applicant executed a REB Addendum. The addendum indicates he was: a. Executing a 6-year REB to receive a total bonus payment in the amount of $10,000.00. The applicant certified he was extending in a valid, vacant position not coded as excess to the unit. b. Obligated to serve in the same Military Department and in the same MOS for which the bonus was approved, unless excused due to unit transition (deployment, reorganization, inactivation, or relocation) only. c. His bonus would be paid in three installments. The first 50 percent payment would be processed for payment on the day after his current ETS. The second 25 percent payment would be processed on the third year anniversary and the final 25 percent would be processed on the fifth year anniversary. d. He would not receive a payment if he did not meet all eligibility requirements on his contract start date (the day after his current ETS). The reenlistment/extension would be verified by the State Incentive Manager prior to any payment being processed. 3. The addendum further shows the applicant may be terminated from incentive eligibility with recoupment for voluntarily transferring within the state or IST for reasons other than those covered under Army Regulation 601-210 (Active and Reserve Components Enlistment Program). If transferring out of a critical skill incentive into a non-critical skill position, the incentive would be terminated effective the date on the transfer order. 4. The addendum was assigned a Bonus Control Number and it was signed by the applicant and a service representative. 5. His record contains an NGB Form 22-5 (Addendum to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) Approval and Acceptance by Service Representative for Interstate Transfer (IST) in the ARNG)) which shows the applicant voluntarily conducted an IST to an ARNG unit in Florida to serve in MOS 13M on 9 May 2012. 6. The applicant provides and his record contains a memorandum, issued by the Deputy G1, ARNG, dated 14 June 2013, which denies the applicant an ETP to retain the $10,000.00 REB and instructs the State Incentive Manager to terminate the incentive without recoupment. The memorandum states the applicant is not serving in the MOS for which he contracted which violates ARNG Selected Reserve Incentive Program (SRIP) Fiscal Year (FY) 2011 Decentralized State Incentive Pilot Program (DSIPP) policy. The memorandum further states the applicant conducted an IST due to an employment conflict. 7. ARNG DSIPP SRIP Guidance for FY 2011, dated 29 March through 24 July 2012, with updates provides for various enlisted and officer bonus incentives. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to retain a $10,000.00 REB has been carefully considered; however, there is insufficient evidence to support his contentions. 2. On 11 December 2011, he executed a 6-year extension in MOS 15P in order to receive a REB in the amount of $10,000.00. The applicant's contention that he was a 15P when 50 percent of the bonus was due is incorrect. Had he remained eligible, the first payment would not have occurred until the day after his current ETS, which was 7 December 2012. Evidence clearly shows the applicant was serving as a 13M on 9 May 2012. 3. The available evidence shows the applicant voluntarily executed an IST from his unit in Connecticut to a unit in Florida due to an employment conflict. By doing so, he was in violation of the terms of his contract; therefore, he was no longer eligible to receive an REB. 4. In view of the foregoing, there is insufficient evidence to support the applicant's contentions. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20140016088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140016088 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1