IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120006552 


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 Army National Guard (ARNG) 6-year reenlistment/extension bonus in the amount of $5,000.

2.  He states he extended his enlistment for 6 years under the expectation of receiving an extension bonus of $5,000.  He was denied the bonus payment due to the differences in the date he signed his extension agreement/bonus addendum and the date of issuance of the bonus control number (BCN).  The Readiness Noncommissioned Officer (NCO) requested the BCN on 9 January 2011, the date he signed his extension agreement and bonus addendum.  The BCN showed as "pending" in Information Management and Reporting Center (iMARC) until 21 January 2011.  He states his extension was executed prior to Arkansas automating the generation of BCN's.  He adds his Readiness NCO indicated it was common for BCN's to show as "pending" for a few days until acted upon by the state bonus manger at which point the Readiness NCO would write the BCN on the bonus addendum.  He intends to meet his obligation and feels he should not forfeit his bonus because of this oversight.

3.  He provides his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and National Guard Bureau (NGB) Form 600-7-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum ARNG of the United States). 



CONSIDERATION OF EVIDENCE:

1.  On 9 January 2011, upon completion of nearly 6 years of service in the ARNG, the applicant executed an extension of his enlistment in the ARNG for 6 years.  An NGB Form 600-7-3-R-E completed in conjunction with this extension of enlistment shows the applicant was entitled to an extension bonus based on meeting the defined eligibility criteria.  The NGB Form 600-7-3-R-E was signed by the applicant, the enlisting official, and his service representative on 9 January 2011.  His original expiration term of service was 21 December 2011. 

2.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff (DCS), G-1.

	a.  The advisory official stated the applicant's Readiness NCO requested the BCN on the date the extension was signed.  Apparently, the applicant's case was listed as "pending" at the time of the extension, and the action happened before the State of Arkansas began using automatic BCN's.  The lapse caused the dates to conflict.  The applicant intends to meet his enlistment/extension obligation and feels that he should not forfeit the bonus because of this oversight.

	b.  The applicant's extension of enlistment contract reveals that he extended for 6 years in the ARNG on 9 January 2011.  A review of his records shows he qualified for an extension bonus in the amount of $5,000.  The incentive was listed on his contract.

	c.  The ARNG denied payment because of a late BCN.  Authorizing payment for the incentive as an exception to policy would appear to be within the jurisdiction of the NGB.  However, since the case has been elevated to the Army Board for Correction of Military Records, the G-1 official recommended the applicant be given relief and be paid the $5,000 bonus in accordance with his contract.

3.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received from the applicant.

4.  Documents related to denial of payment of an extension bonus are not in the available records.



5.  NGB Memorandum, subject:  ARNG Selected Reserve Incentive Program Guidance for Fiscal Year 2010, dated 20 January 2010, extended through 31 March 2011, prescribed procedures and standard formats for administering ARNG incentives.

	a.  It provided, in pertinent part, for a reenlistment/extension bonus in the amount of $5,000 for qualified Soldiers who reenlisted/extended their current enlistment for a 6-year term in the ARNG within 3-12 months prior to their expiration term of service.

	b.  It states bonus addenda will contain an approved iMARC-generated BCN from the Incentive Manager.  The BCN and signatures on the bonus addenda will be completed prior to or on the date of enlistment or reenlistment/extension for the incentive to be valid.  No exceptions will be authorized.
 
DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant entered into a written agreement as verified by the NGB Form 600-7-3-R-E (signed by the applicant, the enlisting official, and his service representative on 9 January 2011) in good faith that authorized him to receive a $5,000 reenlistment/extension bonus in conjunction with his 6-year extension agreement.  It is apparent, based on the date of the agreement, that the bonus was used as an incentive to entice the applicant to agree to serve an additional 6 years in the ARNG.

2.  The bonus addendum contains a BCN.  However, it appears that a BCN was not issued on or before the date of execution of the extension agreement and bonus addendum in accordance with NGB policy.

3.  Evidence indicates he has met the eligibility requirements to receive payment for the extension bonus.  He should not be penalized for the administrative errors committed by the ARNG staff.  In view of the available evidence of this case and based on the recommendation of the DCS, G-1 advisory official, it would serve the interest of justice and equity to provide the applicant relief in this case.  As such, it would be appropriate to amend his DA Form 4836 and NGB Form 600-7-3-R-E to show these documents were executed and signed on the same date the BCN was issued and to pay him the extension bonus in the amount of $5,000 according to the terms of his extension contract and extension bonus addendum agreement.  

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 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:

   a.  showing he executed and signed the extension agreement and extension bonus addendum on the same date of issuance of the BCN; 
   
   b.   paying him the extension bonus due in accordance with the extension contract and bonus addendum agreement entered into at the time of his January 2011 extension in the ARNG; and
   
   c.  paying this bonus payment from the 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.

ABCMR Record of Proceedings (cont)                                         AR20120006552



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ABCMR Record of Proceedings (cont)                                         AR20120006552



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