RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060009971 


	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.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show that he retained his eligibility for the enlistment bonus he extended six years for on 4 August 2001.  The applicant further requests his enlistment date be changed to reflect bonus eligibility.

2.  The applicant states, in effect, he reenlisted in the Arkansas Army National Guard (ARARNG) after being in the Inactive National Guard (ING) to take care of his family. The applicant further states he was under the impression he would still be eligible for his enlistment bonus.  The applicant states he joined the ING on 
4 August 2003, to care for his terminally ill father.  The applicant further states “When I reenlisted I was under the impression that I would still be eligible for my enlistment bonus.”  The applicant states he returned from the ING on 
4 December 2003.  He states he was never given a copy of his orders that clearly showed he was required to extend his enlistment within 30 days of transfer from the ING. The applicant further states during a conversation on 
8 July 2005 his Readiness NCO (noncommissioned officer) told him he would have to reenlist for the amount of time he spent in the inactive National Guard (four months) in order to remain eligible for his enlistment bonus.  

3.  The applicant provides copies of excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Army National Guard (ARNG) on 25 August 1995 for a period of 8 years to be completed as 6 years as a member of an ARNG unit and 2 years as a member of the Individual Ready Reserve or the ING.  The applicant’s expiration of term of service (ETS) was established as 24 August 2001.

2.  On 4 August 2001, the applicant extended his enlistment for a period of six years for a cash bonus of $5000.  The applicant’s new ETS was established as 24 August 2007.  The applicant signed Annex B (NGB Form 600-7-3-R-E), Reenlistment/Extension Bonus Addendum, acknowledging that he understood:

	a.  his bonus eligibility would be suspended if he entered a period of non-availability (placement in the ING); and

	b.  his bonus eligibility would be terminated if he failed to extend his enlistment for time served in the ING within 30 days after return to his unit.  Recoupment is required from the effective date of transfer to the ING.

3.  The applicant was transferred to the ING effective 4 August 2003 for a period of six months.

4.  Military Department Of Arkansas Orders 339-008, dated 5 September 2003, transferred the applicant out of the ING effective 4 December 2003 and returned him to his unit.  Additional instructions in these orders stated “Soldier must extend within 30 days of transfer from the Inactive National Guard to continue bonus eligibility, if applicable.”

5.  On 8 July 2005, the applicant further extended his enlistment for a period 
of 4 months.  The applicant’s ETS was established as 24 December 2007.

6.  In the processing of this case, an advisory opinion, dated 31 January 2007, was provided by the National Guard Bureau (NGB), Personnel Division, Arlington, Virginia.  The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, as of the date of this case, the applicant has not responded.  

7.  The advisory opinion from the Personnel Division, NGB, opined that the applicant failed to extend his enlistment for the amount of time he spent in the ING within the required time frame upon return to his unit.  It was further opined that although the applicant may have received incorrect guidance from the Battalion Readiness NCO the requirement was stated in National Guard Regulation 600-7 (Selected Reserve Incentive Programs) and on the bonus addendum.  It was recommended that the applicant’s request be disapproved.

8.  National Guard Regulation 600-7, then in effect, provided, in pertinent part, that a Soldier may be suspended from the incentive program upon entering a period of non-availability (placement in the ING) for up to one year for personal reasons.  This regulation further stated, in pertinent part, when a Soldier fails to extend, within 30 days of return to active status, for the period served in the ING, his entitlement and eligibility for the Enlistment Bonus is terminated.  This regulation also stated that reinstatement of a bonus is not guaranteed.

DISCUSSION AND CONCLUSIONS:

1.  The regulation provided for suspension of the applicant’s bonus eligibility for up to one year for personal reasons.  

2.  The applicant’s enlistment bonus was suspended when he was transferred to the ING.  His enlistment bonus was terminated when he failed to extend his enlistment for the time he served (4 months) in the ING within 30 days of his return to his unit.
3.  When the applicant signed Annex B, he acknowledged that he had read and understood the addendum in its entirety and that he understood all of the statements concerning his reenlistment or extension bonus.  The orders that transferred him out of the ING and returned him to his unit clearly show the requirement to extend within 30 days to continue bonus eligibility.

4.  Based on the date of the applicant’s return to his unit, 4 December 2003, he was required to extend his enlistment no later than 3 January 2004.  According to the applicant’s statement, he did not talk to his Readiness NCO until 5 July 2005, 19 months after he returned to his unit and 18 months after the period during which he was required to extend his enlistment for the period of time he spent in the ING.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___tmr___  ___rmn__  ____jtm  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.



__________John T. Meixell__________
          CHAIRPERSON




INDEX

CASE ID
AR20060009971
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.