BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120004963
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, issuance of a bonus control number (BCN) and authorization for payment of his $10,000.00 reenlistment bonus.
2. The applicant states he reenlisted for a period of 6 years on 22 September 2011 and was eligible to receive a $10,000.00 reenlistment bonus. However, the reenlistment noncommissioned officer did not request a BCN until after he reenlisted. The day following his reenlistment (23 September 2011), the National Guard Bureau (NGB) changed the policy which made him ineligible for a bonus. He states he was refused a BCN and his bonus.
3. The applicant provides copies of his request for an exception to policy, his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), and the policy changes.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Wyoming Army National Guard (WYARNG) on 6 June 1996 for a period of 8 years and training as a cannon crewman.
2. He completed training and continued to serve through a series of continuous extensions/reenlistments. He was promoted to pay grade E-6 on 30 April 2007.
3. He deployed to Iraq from 24 February 2004 to 3 March 2005 and from 15 April 2009 to 31 May 2010.
4. On 22 September 2011, the applicant extended his enlistment for a period of 6 years. His DA Form 4836 shows he was eligible for a retention bonus.
5. On 23 September 2011, NGB issued a change to the Reenlistment/Extension Bonus (REB) Program which changed the criteria for eligibility from 16 years of service to no more than 10 years of service. The change was effective 1 October 2011.
6. On 5 November 2011, the applicant submitted a request for an exception to policy to be issued a BCN in order to receive his REB. He stated he reenlisted on 22 September 2011 for a period of 6 years and a $10,000.00 REB; however, through administrative error and delays, a BCN was not requested by responsible personnel before the 30 September 2011 cutoff date and he was denied his REB.
7. The company commander supported his request and indicated the applicant was eligible for his bonus at the time he reenlisted and contended that he should not lose the bonus because of a lack of timeliness of inputting his bonus request into the Information Management and Reporting Center (iMARC).
8. The WYARNG Education Services Officer also endorsed the applicant's request and contended that the applicant should not be penalized due to the WYARNG Education Office's lack of due diligence. He further stated the WYARNG had implemented a process to prevent mistakes like that from occurring in the future.
9. On 7 February 2012, NGB denied the applicant's request because a BCN had not been requested through the iMARC prior to the effective date of the policy change and advised the applicant to apply to this Board.
10. NGB Policy Number 11-02, subject: Decentralized State Incentive Pilot Program Selected Reserve Incentive Program Guidance for Fiscal Year 2011 (effective 29 March-30 September 2011) offered an REB to eligible applicants who had less than 16 years of service. Effective 1 October 2011, it was changed to read less than 10 years of service.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant entered into a written agreement (DA Form 4836) signed by the applicant and his commander on 22 September
2011 in good faith that authorized him an REB in conjunction with his 6-year extension agreement.
2. His DA Form 4836 does not contain a BCN; however, there is no block for a BCN on that form. In any event, the evidence shows a BCN was not requested or issued in accordance with NGB policy.
3. It is also noted that the WYARNG has accepted responsibility in the delay in requesting a BCN that resulted in the applicant being denied a BCN and the REB.
4. The available evidence indicates the applicant met the eligibility requirements to receive payment of the REB at the time he extended his enlistment. He should not be penalized for the administrative errors committed by the ARNG staff.
5. In view of the available evidence in this case and based on the support of his commander and the WYARNG Education Office, it would serve the interest of justice and equity to issue him a BCN effective the date of his extension and pay him the REB in accordance with the terms of his contract.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be
corrected by showing he was issued a BCN in a timely manner and paying him
the extension bonus due in accordance with his corrected extension agreement of 22 September 2011 from ARNG 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.
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