IN THE CASE OF:	 

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20090001362 


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 reconsideration of the Board's denial of his previous request for correction of his military records to void his 15 December 2004 reenlistment and to show that he reenlisted after he deployed to Iraq and would have been eligible for a tax free $15,000 bonus.

2.  The applicant states the sworn statement by SFC [Sergeant First Class] S----- B---- was thought to have been in the original application.  He states SFC B---- was working in the facility when their SRP [Soldier readiness process] took place, so when he (the applicant) was told by the state's Automated Records Branch office that he had to reenlist in order to deploy, he found SFC B---- to validate this requirement.   He (SFC B----) did some asking around and found that this was the case, so he assisted in the paperwork.

3.  The applicant provides a copy of a sworn statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000448, on 24 July 2008.

2.  The document provided by the applicant is new evidence, which requires that the Board reconsider his request.
3.  At the time the applicant submitted his original request in December 2007, he was serving on full-time Active Guard Reserve (AGR) duty as a staff sergeant, pay grade E-6, assigned to B Troop, 1st Squadron, 167th Armored Cavalry Regiment in the Nebraska Army National Guard.

4.  In the Board's first consideration of this case, the Board found that the applicant was an AGR Soldier at the time he extended his enlistment agreement.  The Board concluded that there was no evidence that the applicant was "forced" to extend his enlistment agreement.

5.  The applicant's records contain a six-year extension agreement certified on 
27 October 2004.  This agreement extended the applicant's expiration term of service (ETS) date from 23 March 2005 to 23 March 2011.

6.  Message, National Guard Bureau (NGB), date/time group 251721Z November 2004, directed the Commander, 167th Armored Cavalry Regiment to alert all assigned personnel of a pending mobilization.

7.  On 14 December 2004, the NGB announced the fiscal year (FY) 2005 Selected Reserve Incentive Program (SRIP) effective 14 December 2004.  Paragraph 3 states that the policy guidance applies to Army National Guard (ARNG) Soldiers in M-day status.  The message further provides, under eligibility at paragraph 5j, for a 6-year reenlistment/extension bonus of $15,000.00.  Paragraph 5j(1)(g) of the announcement expressly stated that to be eligible the Soldiers must not be AGR.

8.  The applicant provides a sworn statement by a fellow noncommissioned officer indicating the applicant was told on 15 December 2004 that he must reenlist to complete his mobilization processing.

9.  The applicant's records further contain a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 2 November 2004, that shows his ETS date changed from 23 March 2005 to 21 April 2005 based on a 29-day extension of enlistment agreement.  A following DA Form 4836, dated 15 December 2004, shows his ETS date changed from 21 April 2005 to 21 April 2011 based on a
6-year extension agreement.  The oath of extension portion of these documents states, in pertinent part, "…I have voluntarily extended my current enlistment/ reenlistment agreement of 24 March 1993….".

10.  All three of the above described extension of enlistment agreements show that the applicant was an AGR Soldier assigned to the 1st Squadron, 
167th Armored Cavalry Regiment at the time the agreements were completed.  
Block 8 of all three agreements detailed above contain the statement, "I am not eligible for a retention bonus because AGR or technician employee" as acknowledged by the applicant by his signature.

11.  In the processing of the original case, an advisory opinion was obtained from the Chief, Personnel Division, NGB.  It stated that the applicant was a Title 32 AGR at the time of his extension and had been alerted about a potential deployment.  The deployment alert put the applicant on a 90-day stop loss and eliminated the need to extend his contract in order to serve in [the Iraq] theater.  The applicant was advised to extend his contract and did so on 
15 December 2004, for a period of 6 years.  On 14 January 2005, a memorandum was published by the NGB stating that, effective 14 December 2004, "former" Title 32 AGR and Technician Soldiers serving in a Title 10 status in support of the Global War on Terrorism were eligible for reenlistment/extension bonuses.  It recommended approval of the applicant's request to receive an extension bonus.

12.  On 22 April 2008, the applicant concurred with the advisory opinion. 

13.  National Guard Regulation 600-200 paragraph 2-87 states in pertinent part, the commander or designee may correct minor administrative or typographical errors found after distribution of [enlistment/extension] forms.  To correct the term of an extension when it is other than that intended by both the Soldier and the Army National Guard of the United States, the unit commander will submit a request for correction of the extension agreement through military channels to the State Adjutant General.  The request will contain a sworn statement by the Soldier and other involved persons giving circumstances of the enlistment.  The statement from the Soldier will state that he or she agrees or consents to correction.  The State Adjutant General or his representative will then review the correction package.  If approved, a memorandum signed by the State Adjutant General will be added to the Soldier's file.  This paragraph contains the note that the DA Form 4836 must be maintained in its original state should it ever be needed in a legal proceeding.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states in his application that he was unaware that he was eligible for a bonus, which is correct inasmuch as there was no bonus authority for an AGR Soldier at the time of his extension agreement(s) in late 2004.  While the applicant contends that, if he would have known what he knows now that he would have waited to execute an extension for a bonus, his records show that he executed a voluntary extension agreement on at least three occasions prior to the NGB memorandum authorizing a bonus for "former" AGR Soldiers.  The 24 October 2004 extension was executed prior to the 25 November 2005 mobilization alert.

2.  The sworn statement provided by the applicant as new evidence was considered; however, it did not provide any relevant substantiating information or evidence that would warrant granting the applicant's requested relief.

3.  The applicant's contention that he was "forced" to reenlist at that time is not substantiated by any available evidence of record.  Furthermore, the applicant's signature appears on three DA Forms 4836 dated in late 2004 which clearly show that the Soldier voluntarily extended his enlistment.  He also acknowledged on these three documents the imprinted statement, "I am not eligible for a retention bonus because AGR or technician employee."

4.  In view of the above, the applicant's request should be denied. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20080000448, dated 24 July 2008.



      _________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)                                         AR20090001362



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ABCMR Record of Proceedings (cont)                                         AR20090001362



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