IN THE CASE OF:	  

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20090001494 


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, in effect, correction of his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 18 July 2008, to show the appropriate addendum and/or control number for payment of an enlistment bonus.

2.  The applicant states, in effect, that his DA Form 4836 does not have a bonus addendum or control number.  This does not allow him to be qualified for a $15,000.00 bonus.  He also states that he requested to extend his enlistment for 6 years and at that time he requested a $15,000.00 bonus.  He was electronically mailed (emailed) a DA Form 4836 to sign and to have a commissioned officer sign to extend him for 6 years.  At that time, there was no Annex R Bonus Addendum for him to initial.  He was advised that the bonus control number would be penciled in when the DA Form 4836 was presented in the Army Resources Board (ARB) office.

3.  In support of his application, the applicant provides copies of his DA Form 4836; sworn statements from himself and a staff member of Detachment 1, 1167th Brigade Support Company (BSC), Hastings, Nebraska; and National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5 (Processing Enlistment Bonus Accessions).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Nebraska Army National Guard (NEARNG) in pay grade E-2 on 1 July 2003 for 8 years with entitlement to a $3,000.00 bonus.
2.  The applicant extended his enlistment in the NEARNG in pay grade E-5 on 18 July 2008 under a "6X2" (years) term of service enlistment option.

3.  In a sworn statement, dated 18 December 2008, a staff member of Detachment 1, 1167th BSC, stated that in July 2008 the applicant contacted him requesting to extend in the NEARNG for 6 years and to apply for the $15,000.00 bonus at that time.  The applicant at the time was stationed at Fort McCoy, Wisconsin, participating as an Observer/Controller in the Operation Warrior Trainer Program.  He needed to have his extension completed in order to extend for an additional 1 year of Title 10 duty in the program.  On 30 July 2008, he completed a contract for the applicant, sent it to him by email for him to print off and sign, then have a commissioned officer sign, scan, and send back.  The applicant did that and the contract was forwarded to the ARB.  He tried to contact Sergeant First Class (SFC) F____ about the bonus and how to get the bonus control number required at the bottom of the contract (DA Form 4836).  When he was unable to get in touch with her, he finally contract Chief H____ about his dilemma of needing to get that done right away.  The BSC staff member further stated that he was informed that the bonus control number could be written in by SFC F____ upon receipt of the contract.  He forwarded the contract to SFC F____ and did not follow up on it.

4.  The BSC staff member also stated, in effect, that the applicant notified him on 27 November 2008 and informed him that his expiration of term of service (ETS) date had not changed on any of his paperwork and that bonuses were going down in January.  The applicant was hoping the extension paperwork had gone through and he was hoping to get something in writing to put him at ease.  On 9 December 2008, SFC F____ answered his email saying that the applicant's ETS date had been updated in the Standard Installation/Division Personnel Reporting System and she could not issue a control number for the Soldier unless she had a bonus addendum.  That was when the staff member first realized that he had made a grave error in the process.  He did not realize that such an addendum had to be completed by the Soldier in order to get a bonus.  He had never completed a contract for a Soldier who qualified for a bonus before and he had never executed an extension himself with a bonus addendum, because in the past he had never qualified for a bonus.

5.  The BSC staff member further stated that on 17 December 2008, it was determined that there was a serious problem with how he had handled that reenlistment contract and the way it needed to be fixed was to have the Soldier apply to the Army Board for Correction of Military Records.  He takes full responsibility in that matter as it was his lack of experience in handling extension contracts that caused the problem.
6.  In a sworn statement, dated 5 January 2009, the applicant stated that in July 2008, he contacted a staff member of Detachment 1, 1167th BSC, about reenlisting for an additional 6 years in the NEARNG.  He informed the BSC staff member that he wanted the $15,000.00 bonus for reenlisting for 6 years.  The staff member was aware of the bonus request and agreed that he would get a control number for the bonus.  His ETS date was changed in December.  The staff member contacted the applicant and stated that there was a major problem and the applicant needed to complete an addendum in order to obtain the bonus. 
He was assured by the staff member that he would work to resolve the problem.  He had completed all required paperwork for his reenlistment contract as per the staff member's instructions and had confidence that the staff member would get this matter resolved.

7.  In an undated advisory opinion, the Chief, Personnel Division, Departments of the Army and Air Force, National Guard Bureau (NGB), reiterated the applicant’s request.  The NGB official stated that the NGB Personnel Division recommended approval of the applicant's request for the appropriate addendum and/or control number to be filed with his DA Form 4836, dated 18 July 2008, for payment of an enlistment bonus.  According to National Guard Regulation 600-7, paragraph 
2-5(b)(1) and (b)(2b), the State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers on the enlistment bonus agreement addendum (NGB Form 600-7-1-R-E).  According to the DA Form 2823 (Sworn Statement) from a staff member of the 1167th BSC, the error was of no fault of the applicant.

8.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 20 March 2009 and he concurred on 3 April 2009.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's extension of service documents on 18 July 2008 which resulted in him not receiving the $15,000.00 enlistment bonus in effect at the time.

2.  A staff member of the 1167th BSC and the applicant stated that when he (the applicant) extended his enlistment in the NEARNG on 18 July 2008, he was entitled to a $15,000.00 bonus.  Due to factors beyond his control, an addendum was not initiated and completed in order for the applicant to receive the bonus.

3.  Therefore, it is concluded that based on the favorable recommendation expressed by the Chief, Personnel Division, NGB, it would be appropriate to correct the applicant's records by showing he was entitled to a $15,000.00 bonus with the completion of an addendum containing a bonus control number to be filed with his DA Form 4836, dated 18 July 2008.

4.  In view of the foregoing, the applicant’s NEARNG and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all the State of Nebraska Army National Guard and Department of the Army records of the individual concerned be corrected by including the appropriate addendum and bonus control number showing his entitlement to a $15,000.00 bonus with the applicant's NEARNG reenlistment contract, dated 18 July 2008, and that the Defense Finance and Accounting Service be notified of this action for payment of all monies due the applicant as a result of this correction.



      __________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)                                         AR20090001494



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ABCMR Record of Proceedings (cont)                                         AR20090001494



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