IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110017417 


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, that the National Guard Bureau's (NGB) decision to deny him payment of an extension bonus be overturned.

2.  The applicant states due to no fault of his own, the Bonus Control Number (BCN) assigned to him when he extended his term of enlistment while deployed in Iraq was the same as six other Soldiers.  His unit requested the BCN from the Squadron Headquarters and the unit was told the BCN was the same for all reenlistments done in country.  The error was not caught until October 2010 when another Soldier inquired about an extension. An exception to policy request was made to pay the bonus but the request was denied because it was submitted past the deadline of 30 September 2010.

3.  The applicant provides:

* an exception to policy memorandum
* a denial memorandum from the NGB
* a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* a DA Form 705 (Army Physical Fitness Test Scorecard)
* Annex R to DD Form 4 (Enlistment/Reenlistment Document) or DA Form 4836 - Reenlistment/Extension Bonus Addendum - Army National Guard (ARNG) of the United States
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 March 1991 and he held military occupational specialties (MOS) 88H (Cargo Specialist) and 11B (Infantryman).  He was honorably discharged on 5 July 1998.

2.  On 30 March 2009, he enlisted in the Tennessee ARNG (TNARNG) in the rank/grade of sergeant (SGT)/E-5 for a 1-year term.

3.  He was ordered to active duty on 5 December 2009 and he subsequently served in Kuwait/Iraq from 10 February 2010 to 14 July 2010.  While at Forward Operating Base (FOB) Prosperity, Baghdad, Iraq, he executed a 6-year extension in the ARNG.

	a.  Annex R, section III (2) (Bonus Amount and Payment - Reenlistment Bonus for Deployed Unit OCONUS (Outside Continental United States)) states, "I am reenlisting/extending for 6 years to receive a total bonus payment of $5,000.00 in a deployed unit.  I certify that am reenlisting/extending in a valid, vacant position and I am not coded as excess to the unit.  I am reenlisting/extending in a valid, vacant position that is at or below end strength requirement.  The bonus will be paid lump sum and processed for payment on the first day after my current ETS (expiration of term of service)."

	b.  Annex R, section VIII (Authentication) reflects the applicant acknowledged a BCN (BCN RxxxxxxxxTN) had been verified, approved, and recorded on the incentive addendum by the State Incentive Manager.

	c.  Annex R, section IX (Certification by Service Representative) shows a commissioned officer certified and witnessed the agreement. 

4.  The applicant was honorably released from active duty on 30 July 2010.

5.  On 13 October 2010, by memorandum to the State Incentive Manager, the applicant's immediate commander requested the applicant be paid the extension bonus.  He stated the applicant had been issued a BCN that had already been issued to six other Soldiers which made him ineligible for the bonus.

6.  On 13 January 2011, by memorandum, the Chief, Education, Incentives and Employment Division, NGB, denied the request for an exception to policy for a manual control number (MCN) to be entered in IMARC (Information Management and Reporting Center).  The Chief stated in accordance with NGB Education
Policy 10-031, requests for MCN were to be submitted by the deadline of
30 September 2010.  The State submitted the applicant's MCN on 12 November 2010 after the deadline established by the NGB.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant extended his term of enlistment for 6 years, for a vacant and valid position while deployed in Iraq.  His extension bonus was verified through the State Incentive Manager who issued a BCN.  His career counselor annotated the annexes to his enlistment contract with a BCN and a commissioned officer certified the agreement.  However, the BCN he was issued had been issued to several other Soldiers. 

2.  It is evident that errors were committed in the processing of his extension contract.  However, regardless of whether his BCN was issued in error or not or whether the MOS he enlisted for was critical or not, none of these factors were the fault of the applicant.  Therefore, he should not be penalized for errors committed by the TNARNG recruiting officials, the State Incentive Manager, or the NGB.

3.  The applicant met all of the requirements he agreed to in his extension addendum; therefore, he should be entitled to receive payment of the agreed upon bonus.

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 State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* showing he enlisted for MOS 88H, qualified for a $5,000.00 bonus, and received a valid BCN upon his extension in the TNARNG
* showing he is entitled to payment of the bonus in accordance with the terms of his extension addendum
* paying him, out of Army National Guard funds, the bonus as specified in his extension addendum



      _________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)                                         AR20110017417



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ABCMR Record of Proceedings (cont)                                         AR20110017417



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