IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011115
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 his bonus control number (BCN) for his 6-year extension of his enlistment on 27 July 2011 be retroactively issued for 27 July 2011.
2. The applicant states, in effect, that on 27 July 2011, while deployed to Afghanistan, he took advantage of the 6-year, $10,000 tax-free extension bonus and reenlisted. However, through no fault of his own, his unit did not request the BCN needed to complete the extension. The BCN was not requested by his unit until 9 August 2011, which took him out of the timeline to receive his entire bonus. He goes on to state that he does not believe that the delay was deliberate; however, it has cost him part of his bonus.
3. The applicant provides a copy of his request for an exception to policy submitted through channels, a copy of his 6-year extension, a copy of his sworn statement, a copy of his deployment orders, and a copy of the Army National Guard (ARNG) Decentralized State Incentive Pilot Program (DSIPPP) Selected Reserve Incentive Program Guidance for Fiscal Year 2011, 29 March 2011
30 September 2011 (Policy # 11-02).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Kentucky Army National Guard (KYARNG) on 3 May 2000 for a period of 8 years and training as an infantryman. He successfully completed his initial active duty training and was returned to his KYARNG unit.
2. He has remained in the KYARNG through a series of extensions, was promoted to the pay grade of E-7 on 2 September 2008, and has been mobilized on the following five occasions:
* Operation Noble Eagle - 20011001 20020919
* Operation Noble Eagle 20030126 20031112
* Operation Iraqi Freedom 20061001 20070821
* Operation Enduring Freedom Afghanistan - 20090706 20100901
* Operation Enduring Freedom Afghanistan 20110408 - 20120223
3. On 27 July 2011, while stationed in Afghanistan at Forward Operating Base (FOB) Push-Tay-Sark, he extended his enlistment for a period of 6 years.
4. On 10 August 2011, the senior operations noncommissioned officer (NCO) submitted a memorandum to the KYARNG G1 requesting that an exception to policy be granted to backdate the applicants BCN to 27 July 2011, the date he extended his enlistment, because a delay had resulted in a BCN not being requested until 9 August 2011 and as a result, cost the applicant $2,500 of tax free money. He stated the applicant signed a DA Form 4836 extending his enlistment obligation on 27 July 2011.
5. On 3 May 2012, officials at the KYARNG dispatched a memorandum to the applicant advising him that his request for an exception to policy was being returned, noting there was no BCN or a signed bonus addendum on file in the Information Management and Reporting Center and lacking such documents the NGB would not entertain an exception to policy. He was advised to apply to this Board.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be issued a BCN, dated 27 July 2011 and paid his full $10,000 tax-free enlistment bonus has been noted and appears to have merit.
2. While it is understood that there was an established suspense date for requesting a BCN from the NGB for persons receiving an enlistment bonus, the responsibility for requesting a BCN rests with the chain of command, not with the individual Soldier.
3. A senior operations NCO stated the applicant signed a contract on 27 July 2011 to extend his enlistment with the KYARNG for a period of 6 years with the understanding that he would qualify for a $10,000 tax-free bonus. His statement is accepted as sufficient to show the applicant did in fact sign the paperwork on that date. Accordingly, the Army and the KYARNG had an obligation to ensure that the Army met the conditions of its contract by requesting the appropriate BCN and preparing the appropriate bonus addenda just as the applicant is expected to fulfill his obligations.
4. Therefore, as a matter of equity, it is only proper that the Army, the KYARNG, and the National Guard Bureau honor its commitment to its Soldiers just as he has honored his commitment by showing that a BCN was issued and a bonus addendum was properly prepared on 27 July 2011 and paying him the bonus he is due as a result of his dedicated service to his nation and the KYARNG, provided that he is otherwise qualified.
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 showing that he was issued a BCN and a proper bonus addendum was prepared and signed by all appropriate individuals on 27 July 2011 and by paying him the bonus he is due, out of ARNG funds, provided he is otherwise qualified.
_______ _ __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) AR20120011115
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ABCMR Record of Proceedings (cont) AR20120011115
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