BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20100027154 


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, payment of the bonus she was promised when she signed a 6-year contract extension.

2.  She states when she extended [her enlistment] she was a [military] technician (MILTECH); however, both Active Guard Reserve (AGR) personnel and technicians were eligible for a bonus.  When it was time for her bonus to be paid out, she was told she could not receive it because she had accepted an AGR position.

3.  The applicant provides:

* a self-authored statement of "Previous Actions Taken"
* he DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 July 2008
* a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* a National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to
DD Form 4 or DA Form 4836 - Reenlistment/Extension Bonus Addendum - Army National Guard of the United States), dated 13 March 2003
* three NGB memoranda pertaining to Army National Guard (ARNG) reenlistment and bonus policies


CONSIDERATION OF EVIDENCE:

1.  On 13 March 2002, following a period of service in the Regular Army and U.S. Army Reserve (USAR), the applicant enlisted in the Washington Army National Guard (WAARNG) for a period of 1 year.  On 7 February 2003, she extended her enlistment for a period of 6 years.  On 13 March 2008, she again extended her enlistment for a period of 6 years.  She is currently performing AGR duty in the WAARNG.

2.  Annex R to the DA Form 4836 completed when she extended her enlistment on 13 March 2008 shows she was eligible for a $15,000.00 bonus for extending her enlistment in the NGB-approved critical unit identification code (UIC) WPTEF0 and skill 42A (Human Resources Specialist).  The bonus payment was to be processed on the date her extension contract took effect, 1 day after her then-current expiration term of service (ETS) on 13 March 2009.  The DA Form 4836 shows she was serving in Kuwait at the time.

3.  Section II (Eligibility) of Annex R includes the following statements:

	a.  I am not reenlisting to accept a Title 10 or Title 32 AGR tour nor am I reenlisting to accept a military technician position.

	b.  I am not currently serving on a Title 10 or Title 32 AGR tour nor am I currently serving in a military technician position.

4.  Orders 233-034, issued by Headquarters, Military Department, State of Washington, Office of the Adjutant General, Camp Murray, Tacoma, WA, dated 20 August 2008, shows that with her consent she was ordered to full-time National Guard duty in an AGR status for the period 1 September 2008 through 31 August 2011.  The orders show she was assigned for AGR duty with UIC W77752.

5.  In the processing of this case, on 20 May 2001, the NGB provided an advisory opinion recommending disapproval of the applicant's request for payment of a bonus.  The advisory official confirmed the details of her 6-year extension and noted she accepted an AGR position on 1 September 2008.  The advisory official notes the applicant initialed each section of Annex R to DA Form 4836 indicating she understood she would be terminated from bonus eligibility with recoupment if she accepted an AGR position prior to serving at least 6 months of her contract term.  She served less than the required 6 months.  The advisory official indicated the State concurs with the recommendation for disapproval.


6.  The advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  On 27 May 2011, the applicant provided a rebuttal.  She states, in effect, that the bonus addendum she signed stated she would not accept either an AGR or MILTECH position but the NGB had published policies allowing AGR and MILTECH personnel to receive a bonus if they extended while deployed.  She continues by stating that when she reached her ETS on 12 March 2009 she had been in an AGR status for 6 months and, according to the addendum she signed, she was still eligible for the bonus.

7.  The applicant provides:

	a.  an NGB memorandum, subject: Continuation of Location Selective Reenlistment Bonus (SRB) for Army National Guard (ARNG) Title 10 and Title 32 (T10/T32) AGR Soldiers, dated 1 January 2007, authorizing ARNG T10/T32 Soldiers who reenlisted or extended their enlistments while serving on active duty in Afghanistan, Iraq, and Kuwait to receive an SRB if otherwise qualified;

	b.  an NGB memorandum, subject: Implementation Policy for the ARNG Military Technicians (Dual Status) Reenlistment Bonus, dated 1 January 2007, showing dual-status military technicians who executed a reenlistment or voluntary extension while in Iraq, Afghanistan, or Kuwait were eligible to receive a reenlistment bonus;

	c.  an NGB memorandum, subject: Expanded Reenlistment Window for ARNG Enlisted Soldiers, dated 27 December 2005, showing the reenlistment window of eligibility for a Selected Reserve Incentive was expanded to 12 months prior to an eligible Soldier's current ETS; and

	d.  a statement of previous actions she has taken showing, in effect, she was unable to resolve her issue through either NGB or Inspector General channels.

DISCUSSION AND CONCLUSIONS:

1.  The applicant correctly notes the discrepancies between NGB bonus policy and the contract she signed while she was deployed.  NGB bonus policy did allow deployed MILTECH and AGR personnel to receive bonuses for extending their enlistments, which is not reflected in the contract she signed.  However, setting those discrepancies aside, the evidence of record shows she still did not fulfill the terms of her bonus contract.  


2.  The applicant's enlistment extension bonus contract required her to serve in UIC WPTEF0 after her ETS.  The record shows she left UIC WPTEF0 prior to her ETS to accept an AGR position in UIC W77752.  In doing so, she breached the terms of her contract.  As a result, she is not entitled her requested relief.

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 for correction of the records of the individual concerned.



      _________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)                                         AR20100027154



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ABCMR Record of Proceedings (cont)                                         AR20100027154



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