RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 July 2007
	DOCKET NUMBER:  AR20060013950 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Mr. William F. Crain

Member

	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, correction of his records to show that he voluntarily extended his 6-year enlistment of 7 October 2000 for a period of 
6 years while he was deployed in Iraq.

2.  The applicant states, in effect, while deployed in Iraq with the 116th Brigade Combat Team (BCT), Idaho Army National Guard (IDARNG), from November 2004 until November 2005, it was his intent to extend or reenlist within his
12-month reenlistment window that opened 7 October 2005.  He also states, in effect, that he inquired about the criteria for reenlistment and qualifications needed to receive the in-theater reenlistment bonus, but was informed by the reenlistment noncommissioned officer (NCO) that he did not qualify for the bonus because he was a State military technician.  He states, in effect, that he provided his chain of command a copy of the policy memorandum for reenlistment of mobilized Soldiers, but was told that he would have to wait until he redeployed to Idaho to reenlist.  Consequently, he did not reenlist or extend his enlistment of
7 October 2000 until after he redeployed from Iraq, whereupon he was processed for a 6-year extension of his enlistment, but without benefit of a tax-free reenlistment bonus.  The applicant adds, in effect, that he has since learned he could have extended or reenlisted in Iraq and he would have been eligible for the tax-free bonus incentive just as other Soldiers who received the tax-free bonus.  The applicant concludes by stating that he served honorably in a time of war in a hostile region and requests that the Army Board for Correction of Military Records consider his request to receive the full tax-free reenlistment bonus.

3.  The applicant provides the following documents in support of his application:  a self-authored statement, dated 28 August 2006; Headquarters, Joint Force Headquarters, IDARNG, Boise, Idaho, memorandum, dated 25 August 2006, subject [Applicant’s] Reenlistment Eligibility; 2 Headquarters, Company A,
145th Support Battalion, Nampa, Idaho, memoranda, dated 4 April 2006, subject: [Applicant’s] Reenlistment Statement; a Statement, dated 5 July 2006; Headquarters, National Guard Bureau (NGB), Arlington, Virginia, memorandum, dated 1 March 2005, subject: Clarification and Procedural Guidance for Reenlistment/Immediate Reenlistment and Extension of Mobilized Soldiers under STOP LOSS (ARH Memo 05-009A); Headquarters, NGB, Arlington, Virginia, memorandum, dated 28 November 2005, subject: Implementation Policy for the ARNG Military Technicians (Dual Status) Reenlistment Bonus; Headquarters, Joint Force Headquarters, IDARNG, Boise, Idaho, Orders 098-030, dated
20 May 2004; and Headquarters, I Corps and Fort Lewis, Military Personnel Division, Fort Lewis, Washington, Orders 314-0151, dated 10 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) on 19 October 1984 and entered active duty in the Regular Army (RA) on 27 November 1984.  Upon completion of basic combat training and advanced individual training, the applicant was awarded MOS 11M (Fighting Vehicle Infantryman).  He was honorably discharged from the RA on 26 August 1992 after completing a total of 7 years and 9 months net active service.

2.  On 7 October 2000, the applicant enlisted in the IDARNG for a period of
6 years, was awarded MOS 88M (Motor Transport Operator), and promoted to the rank of sergeant (SGT)/pay grade E-5, effective 7 October 2000.

3.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 18 November 2005.  This document shows, in pertinent part, that the applicant was ordered to active duty on 7 June 2004 in support of Operation Iraqi Freedom and served in Kuwait and Iraq, an imminent danger pay area, from 4 November 2004 through
2 November 2005.  This document also shows, in pertinent part, the applicant was honorably released from active duty on 18 November 2005 and transferred to Detachment 1, Company A, 145th Support Battalion, IDARNG, Payette, Idaho. At the time he had completed 1 year, 5 months, and 12 days net active service during this period; 8 years, 5 months, and 29 days total prior active service; and 2 years, 11 months, and 1 day total prior inactive service.

4.  The applicant's military service records contain a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 1 September 2006.  This document shows that the applicant’s current (latest) DD Form 4-Series was dated 7 October 2000, he had previously extended his enlistment of 7 October 2000 to a period of 6 years, and his Expiration of Term of Service (ETS) was
6 October 2006.  This document also shows that the applicant placed his initials in Item 8 (Provisions and Computation of This Extension), part d (As Listed Below), paragraph 3, “I accept Reenlistment/Extension Bonus.”

5.  In support of his application the applicant provides a self-authored statement and letters from the captain (then) serving as the applicant’s commander, the sergeant first class (SFC) serving as the applicant’s Platoon Sergeant, the SFC serving as the applicant’s Unit Readiness NCO, and a senior NCO who served with the applicant in Iraq.  The letters in support of the applicant's request show, in pertinent part, that during the period just prior to his brigade’s redeployment from Iraq (i.e., in October 2005), the applicant expressed his intent to his chain of command on several occasions to reenlist; however, there was uncertainty concerning his eligibility as a military technician to receive a tax-free reenlistment bonus.  As a result, the applicant was not processed for reenlistment or extension while deployed in Iraq.  He also provides two NGB policy memoranda that, in pertinent part, provide policy guidance stating that Soldiers currently mobilized are authorized to extend their current enlistment 12 months prior to their original ETS date.  This policy also states that Soldiers deployed to a Combat Zone (CZ) or Qualified Hazardous Duty Area (QHDA) will receive the tax-free reenlistment bonus if the extension of enlistment/reenlistment is signed during the month the Soldier is serving in the CZ or QHDA.  The policy also set forth the eligibility criteria, which included, in pertinent part, the Soldier must be a Dual Status military technician serving in-theater in Iraq, Afghanistan or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom; must not have more than 16 years total military service upon ETS; must be fully eligible to reenlist or extend; and must execute a reenlistment or voluntary extension of enlistment while serving on active duty in theater.  The documents also show, in pertinent part, the total bonus amount for a reenlistment or extension of 6 years will be $15,000, payable in lump sum upon the date the new term of service begins.  The applicant also provides copies of his deployment and redeployment orders which show, in pertinent part, he was ordered to active duty in support of Operation Iraqi Freedom on 10 June 2004 and released from active duty on
18 November 2005.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, Virginia.  The Chief, Personnel Division, NGB, recommends approval of the applicant’s request based on the fact that he reenlisted within 3 months of his ETS and had less than 14 years of total military service at his ETS.  The NGB advisory officials also recommend the applicant be paid a lump sum of $15,000 in accordance with the policy set forth in NGB memorandum, dated 28 November 2005, subject: Headquarters, NGB, Arlington, Virginia, memorandum, dated 28 November 2005, subject: Implementation Policy for the ARNG Military Technicians (Dual Status) Reenlistment Bonus.

     a.  The advisory official states that coordination with the Office of the Secretary of Defense, Reserve Affairs, confirmed that Under Secretary of Defense, Personnel and Readiness, Washington, DC, memorandum, dated
3 November 2005, subject: Approval to Change Department of Defense Instruction (DODI) 1205.21, Reserve Component Incentive Programs Procedures, approved a change to DODI 1205.21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999.  The change to DODI 1205.21 permits payment of Selected Reserve reenlistment bonuses authorized in Title 37, U.S. Code, section 308b, to Military Technicians (Dual Status) who become eligible for reenlistment while serving on active duty (in theater) in Iraq, Afghanistan or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom.

     b.  The NGB advisory opinion also offers that National Guard Regulation (NGR) 600-7, paragraph 3-2, states that eligible Soldiers who immediately reenlist or extend within 3 months before or 24 hours after ETS and have less than 14 years of total military service at current ETS, are eligible for a bonus of $2,500 for a 3-year reenlistment or extension.  The advisory opinion adds that NGB memorandum, dated 28 November 2005, paragraph 7a, states that the total bonus amount for a reenlistment or extension of 3 years will be $7,500, payable in lump sum upon the date the new term of service begins, and that paragraph 7b of the memorandum states that the total bonus amount for a reenlistment or extension of 6 years will be $15,000, payable in lump sum upon the date the new term of service begins.

     c.  The NGB advisory official provides a copy of the applicant’s ARNG Retirement Points History Statement, dated 8 June 2007.  This document shows, in pertinent part, that, as of 6 October 2006, the applicant was credited with
13 years, 10 months, and 8 days service for retired pay.

7.  On 20 June 2007, the applicant was provided a copy of the Chief, Personnel Division, NGB advisory opinion in order to have the opportunity to respond.  To date, the applicant has failed to provide a response.

8.  Headquarters, Department of the Army, DAPE-MPE, Washington, DC,
All Army Activities (ALARACT) message, 124/2004, subject:  Expanded Reenlistment Eligibility Periods of USAR Enlisted Soldiers, provides, in pertinent part, that effective 1 October 2004 the reenlistment eligibility period for continued USAR membership when assigned to a Troop Program Unit (TPU) is increased from within 3 months to within 12 months of ETS.  This document also shows, in pertinent part, that the reenlistment window of eligibility for a Selected Reserve Incentive under the provisions of Army Regulation 137-7 remains within 3 months of the ETS date of the current USAR service agreement, with one exception as follows:  When the President has authorized the Reserve Components to augment the active forces for any operational mission or support in response to certain emergencies under Title 10, U.S. Code, section 12302 or 12304, affected Soldiers may reenlist outside the 3-month window.

9.  Army Regulation 601-280 (Army Retention Program), Chapter 11 (Forms, Records, and Reports) provides, in pertinent part, that the DD Form 4 must be preserved in its original state should it ever be needed in a legal proceeding.  Therefore, the DD Form 4 will not be amended by "pen and ink" correction. Instead, a memorandum will be added to the Soldier's file showing the correction. With regard to correcting errors involving payment of a Selective Reenlistment Incentive Bonus, a copy of the approved correction with appropriate enclosures will be forwarded to the custodian of the individual’s Official Military Personnel File (OMPF).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his extension of enlistment should be antedated to show that he extended his 6-year enlistment of 7 October 2000 to a date when he became eligible to reenlist/extend while serving in-theater in Iraq because his chain of command did not process him for reenlistment/extension due to uncertainty as to his eligibility for the tax-free reenlistment bonus.

2.  The evidence of record shows that the applicant’s ETS was 6 October 2006 and that he was eligible to reenlist or extend his enlistment 12 months prior to that date (i.e. beginning 7 October 2005).  The evidence of record also shows that at the time of his ETS the applicant did not have more than 16 years total military service.

3.  The evidence of record shows that the applicant had a very small window of opportunity when he was eligible to extend or reenlist for a tax-free reenlistment bonus while deployed in Iraq; specifically, from 7 October 2005 to 2 November 2005.  The evidence of record also shows that while the applicant was deployed in Iraq, his chain of command did not fully understand the change in the law and/or was uncertain as to the applicant’s eligibility to extend or reenlist for the tax-free reenlistment bonus during his deployment.  As a result, the applicant was not afforded the opportunity to extend or reenlist while deployed in-theater in Iraq in order to qualify for the tax-free reenlistment bonus.  Consequently, the applicant’s extension of enlistment was processed after he redeployed from Iraq (i.e., subsequent to when he was eligible for a tax-free reenlistment bonus).

4.  The evidence of record shows that the applicant's Commander, Platoon Sergeant, and Unit Readiness NCO all attest to the fact that the applicant was eligible to reenlist, but was not afforded the opportunity to extend or reenlist in Iraq during the period when he was eligible for a tax-free reenlistment bonus due to uncertainty as to his eligibility.  Consequently, through no fault of his own, the applicant was precluded from extending or reenlisting during the period when he was eligible for a tax-free reenlistment bonus.

5.  Therefore, in view of the facts of this case and as a matter of equity, it is appropriate that the applicant's records be corrected to show that he extended his 7 October 2000 enlistment in the ARNG on 1 November 2005, for a period of 6 years, and he is entitled to a $15,000 tax-free reenlistment bonus.

BOARD VOTE:

___JEA__  ___JAM_  ___WFC_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 filing in the applicant's OMPF a copy of the documentation approving the correction, along with appropriate enclosures, showing that the applicant extended his
6-year enlistment of 7 October 2000 in the ARNG, on 1 November 2005 for a period of 6 years, and was entitled to a $15,000.00 tax-free reenlistment bonus.

2.  That the Defense Finance and Accounting Service (DFAS) provide the applicant payment of his tax-free Selective Reenlistment Incentive Program reenlistment bonus in the amount of $15,000.00, less any reenlistment bonus payments that may have been made to the applicant based on the 6-year extension of enlistment documented by the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 1 September 2006.




___James E. Anderholm____
          CHAIRPERSON




INDEX

CASE ID
AR20060013950
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/12
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
112.1100.0000
2.
128.0500.0000
3.

4.

5.

6.