IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110003576
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 payment of an affiliation bonus authorized in conjunction with his 16 January 2008 enlistment in the Army National Guard (ARNG).
2. The applicant states the bonus control number used with his enlistment contract is not the type used by the ARNG to process bonuses, but he was not made aware of this until he inquired about receiving his bonus on the third anniversary of his enlistment. He states his unit submitted an exception to policy packet to the National Guard Bureau (NGB); however, was informed by NGB that a request for correction of military records would have to be submitted to this Board.
3. The applicant provides the following documents in support of his application:
* DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States)
* NGB Form 600-7-4-R-E (Enlisted Affiliation Bonus Addendum-Army National Guard of the United States)
* Manual Control Number Request
* NGB Denial of Reenlistment Bonus Exception to Policy Request
CONSIDERATION OF EVIDENCE:
1. On 16 January 2008, upon completion of 4 years of active military service in the Regular Army (RA), the applicant enlisted in the ARNG for 3 years, 5 months, and 9 days. A NGB Form 600-7-4-R-E completed in conjunction with this enlistment shows the applicant was entitled to an affiliation bonus based on meeting the defined eligibility criteria. The applicant and enlistment official authenticated this affiliation bonus addendum with their signatures on 16 January 2008.
2. On 14 December 2010, the applicants unit Incentive Manager completed a control number request in which she certified she had researched the eligibility for the incentive for which the control number was being requested and confirmed the applicant was fully qualified for the incentive in accordance with the incentive contract and NGB policy in effect at the time the applicant signed his enlistment and affiliation bonus contract.
3. On 17 December 2010, the NGB Chief, Education and Incentives, and Employment Division denied the request for a bonus control number and payment of the applicants affiliation bonus based on the control number request not being received after the established suspense date of 30 September 2010. The applicant was further informed he could apply to this Board for relief if he believed an error or injustice existed.
4. Army Regulation 601-210 provides the Armys reenlistment policy. Chapter 8 contains guidance on actions required after enlistment and paragraph 8-4 contains guidance on erroneous or unfulfilled enlistment commitments. It states, in pertinent part, that promises made in the enlistment contract should be honored for moral commitment or alleged verbal commitment.
5. Army Regulation 135-7 (Army National Guard and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs. Chapter 5 contains guidance on the administration of the affiliation bonus. Soldiers meeting the eligibility criteria of may be awarded an affiliation bonus.
6. Paragraph 5-3 of the incentive programs regulation outlines the eligibility criteria and states, in pertinent part, that an enlisted Soldier who is on assignment to an ARNG or USAR troop program unit may be paid an affiliation bonus if he/she has served on active duty in an Active Army or corresponding active duty in another United States Armed Force, or has served on active duty in an Active Guard Reserve (AGR) status. When last released from active duty (REFRAD), the member must have been eligible to remain on active duty by reenlisting in the component to which he or she was assigned (i.e. Regular Army, ARNG, USAR, and so forth). It further states Soldiers meeting the eligibility criteria will be paid the bonus. The bonus will be effective on the date of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid the affiliation bonus he was promised in conjunction with his 2008 enlistment in the ARNG has been carefully considered and found to have merit.
2. By regulation, eligible members may be paid an affiliation bonus and under the provisions of the Armys reenlistment regulation, the Army should honor its moral or verbal commitments.
3. The evidence of record confirms an affiliation bonus was authorized in conjunction with the applicants 2008 enlistment in the ARNG, as evidenced by the affiliation bonus addendum completed at the time. Given the applicants eligibility for the bonus and the moral commitment made by the Army, the fact a control number was not requested within the established time frame should not result in the applicant being denied the bonus he was eligible for and promised. Therefore, it would be appropriate and serve the interest of justice and equity to grant the requested relief and to pay the affiliation bonus due in accordance with the terms of his enlistment contract and affiliation addendum agreement.
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 Department of the Army records of the individual concerned be corrected by paying him the affiliation bonus due in accordance with the enlistment contract and bonus addendum agreement entered into at the time of his 2008 enlistment in the ARNG. Payment of this bonus should come from Army National Guard funds.
__________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) AR20110003576
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