IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100011823
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 correction of the following enlistment documents and payment of additional reenlistment bonus money due as a result:
a. DA Form 4836 (Oath of Extension or Reenlistment), dated 13 July 2000;
b. DA Form 4836, dated 28 February 2004;
c. DA Form 4836, dated 28 February 2009; and
d. National Guard Bureau (NGB) Form 600-7-3-R-E (Bonus Addendum), dated 1 March 2009.
2. The applicant states his dates of enlistment were inadvertently altered and the change of his expiration of term of service (ETS) and the wrong paperwork completed while he was under Stop Loss affected his last reenlistment bonus. He claims Connecticut Army National Guard (ARNG) personnel officials confirmed the errors in the enlistment documents identified.
3. The applicant provides the following documents in support of his application:
a. DA Form 4836, dated July 2000
b. DA Form 4836, dated February 2004
CONSIDERATION OF EVIDENCE:
1. The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows he enlisted in the ARNG for 8 years on 10 July 1991.
2. The record also contains the following enlistment extension documents in which the applicant extended his 10 July 1991 enlistment as indicated:
a. DA Form 4836, dated 8 July 1997, for a period of 3 years which established his new ETS as 9 July 2000;
b. DA Form 4836, dated 13 July 2000, for a period of 3 years which established his new ETS as 31 July 2003;
c. DA Form 4836, dated 28 February 2004, for a period of 6 years which established his new ETS as 28 February 2010; and
d. DA Form 4836, dated 28 February 2009, for a period of 6 years which established his new ETS as 28 February 2016.
3. An NGB Form 600-7-3-R-E, dated 28 February 2009, shows the applicant was authorized a bonus in conjunction with this extension.
4. In connection with the processing of this case an advisory opinion was obtained from the Chief, Personnel Division, NGB. It outlines the applicant's enlistment/extension history and confirms the applicant's 28 February 2009 extension also authorized an enlistment bonus and assigned a bonus control number. It confirms the applicant's extensions of 3 July 2000, 28 February 2004, and 28 February 2009 were erroneous and should be deleted and replaced with the following enlistment documents:
a. execution of a new DD Form 4 on 10 July 2000 for a period of 3 years;
b. execution of a new DA Form 4836 for a period of 6 years from 10 July 2003 through 9 July 2009; and
c. execution of a new DA Form 4836 for a period of 6 years from 10 July 2009 through 9 July 2015 with coding of block 7c (Number of Extensions Previously Granted to Current DD Form 4) as "1."
5. The NGB advisory opinion also indicates the applicant should be paid the enlistment bonus ($5,000) authorized in conjunction with his erroneous extension of 28 February 2009 since the errors in his extension were through no fault of his own. The Connecticut ARNG concurred with the NGB opinion.
6. On 21 May 2010, the applicant was provided a copy of the NGB advisory opinion in order to have the opportunity to respond to its contents. To date, he has failed to reply.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions his enlistment documents should be corrected and he should be paid the bonus authorized in conjunction with this 28 February 2009 extension have been carefully considered and found to have merit.
2. The evidence of record confirms the enlistment/extension documents executed by the applicant on 13 July 2000, 28 February 2004, and 28 February 2009 were erroneous. As a result, they should be deleted and replaced with the following documents:
a. DD Form 4 for a 3-year period from 10 July 2000 through 9 July 2003,
b. DA Form 4836 for a period of 6 years from 10 July 2003 through 9 July 2009, and
c. DA Form 4836 for a period of 6 years from 10 July 2009 through 9 July 2015 with coding of block 7c as "1."
3. Further, given the errors made in his enlistment/extension documents were through no fault of his own, he should be paid the $5,000 bonus authorized by control number RO9060003CT in conjunction with this 28 February 2009 extension.
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 all Department of the Army records of the individual concerned be corrected as follows:
a. void DA Forms 4836, dated 13 July 2000, 28 February 2004, and 28 February 2009;
b. execute a DD Form 4 for a 3-year period from 10 July 2000 through 9 July 2003;
c. execute a DA Form 4836 for a 6-year period from 10 July 2003 through 9 July 2009;
d. execute a DA Form 4836 for a 6-year period from 10 July 2009 through 9 July 2015; and
e. paying the applicant the $5,000 enlistment bonus authorized by control number RO9060003CT in conjunction with this 28 February 2009 extension.
__________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.
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ABCMR Record of Proceedings (cont) AR20100011823
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