BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20100026788
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
7. New information was received from the National Guard Bureau (NGB) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100011823, dated 3 August 2010. The NGB requests additional corrections with justification.
8. The evidence submitted consists of:
a. an NGB memorandum, dated 27 October 2011, which states the applicant was not offered the correct reenlistment bonus (REB) amount by the Connecticut Army National Guard; he was eligible for an REB in the amount of $15,000, but he was offered a $5,000 bonus. It also states, by law, the applicant cannot be paid the entire $15,000 due to his total time in service; the maximum amount he could be authorized to be paid is $13,958.11. The memorandum acknowledges the previous corrections made by the ABCMR, but states further corrections to the applicant's records are needed for him to be eligible for a $15,000 REB.
b. an NGB email, dated 2 December 2011, which indicates the applicant and the State are asking that the applicant be paid a prorated $15,000 REB. The applicant's current extension documents are incorrect and should be corrected to reflect the appropriate expiration term of service. The email states according to policy and the authorized addenda at the time of the applicant's last extension he would be entitled to $15,000 prorated REB if the correct addendum had been completed. The addendum he signed on 28 February 2009 did not go into effect until 1 March 2009 making it invalid for use. The applicant will be eligible for payment once the corrections are made.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
4. At the time of the decision of the ABCMR in Docket Number AR20100011823, dated 3 August 2010, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
5. The ABCMR's decision in Docket Number AR20100011823, erroneously:
* voided three DA Forms 4836 (Oath of Extension or Reenlistment), dated 13 July 2000, 28 February 2004, and 28 February 2009
* replaced the voided DA Forms 4836, dated 13 July 2000, with a DD Form 4 (Enlistment/Reenlistment Document) for a 3-year reenlistment commencing 10 July 2000 and ending on 9 July 2003
* executed a 10 July 2003 DA Form 4836 extending his 9 July 2003 ETS (expiration term of service) date by 6 years to 9 July 2009
* executed a 10 July 2009 DA Form 4836 extending his 9 July 2009 ETS date by 6 years to 9 July 2015
* authorized an enlistment bonus in the amount of $5,000
6. The evidence confirms the extension documents executed on 10 July 2003 and 10 July 2009 were erroneous. As a result, they should be deleted and replaced with the following documents:
a. DA Form 4836 for a period of 6 years from 8 July 2003 through 7 July 2009;
b. DA Form 4836 for a period of 6 years from 8 July 2009 through 7 July 2015 with code of block 7c as "1."
7. Further, given the errors made in the extension documents were through no fault of the applicant, he should be paid the $15,000 REB authorized in conjunction with this 8 July 2009 extension.
BOARD VOTE:
___X_____ ___X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20100011823, dated 3 August 2010, by:
a. voiding DA Forms 4836 for the 6-year periods from 10 July 2003 through
9 July 2009 and 10 July 2009 through 9 July 2015;
b. canceling the $5,000 enlistment bonus;
c. executing a DA Form 4836 for a 6-year period from 8 July 2003 through
7 July 2009;
d. executing a DA Form 4836 for a 6-year period from 8 July 2009 through
7 July 2015; and
e. establishing a bonus control number and paying the applicant the $15,000 enlistment bonus authorized in conjunction with this 8 July 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.
ABCMR Record of Proceedings (cont) AR20100026788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20100026788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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