IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012128
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 a reenlistment/extension bonus (REB) in the amount of $3,000.00.
2. The applicant states:
* His REB was denied due to a clerical error
* No bonus addendum was printed out or filled out but the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was completed
* It was through no fault of his own
* His unit was deployed to Afghanistan and the noncommissioned officer who did his extension packet did not know to have him sign the bonus addendum
3. The applicant provides:
* National Guard Bureau (NGB) memorandum, dated 30 April 2012
* DA Form 4836
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Mississippi Army National Guard (MSARNG) on 9 March 2005 for a period of 6Â years. On 1 June 2010, he extended his enlistment for a period of 1 year.
2. He was ordered to active duty on 4 December 2010 in support of Operation Enduring Freedom. He arrived in Afghanistan on 21 January 2011.
3. A DA Form 4836, dated 2 June 2011, shows he extended his enlistment in the MSARNG for a period of 3 years.
4. He departed Afghanistan on 23 November 2011 and he was released from active duty on 6 February 2012.
5. On 30 April 2012, the NGB disapproved the MSARNG's request for an exception to policy for the applicant to retain the $3,000.00 REB offered at the time of his extension on 2 June 2011. The memorandum cited:
a. in accordance with Army National Guard Selected Decentralized State Incentive Program Guidance P11-02 (effective 29 March 2011 to 30 September 2011), eligible applicants were offered the REB.
b. the applicant extended his enlistment with the MSARNG on 2 June 2011 in military occupational specialty 12T (technical engineer). However, no bonus addendum was executed at the time of extension and a bonus control number (BCN) was not requested until 5 August 2011.
c. in accordance with the Department of Defense Instruction 1205.21, paragraph 6.2, "Each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continue entitlement to unpaid incentive amounts shall be terminated and which advance payment may be recouped."
d. the State will terminate the incentive with recoupment.
e. the applicant may file a claim with the Army Board for Correction of Military Records.
6. In the processing of this case, on 30 April 2012, an advisory opinion was obtained from the Incentives and Budget Branch Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, D.C. The advisory official recommends the applicant be granted full administrative relief and that he retain this extension bonus. He points out that:
a. the applicant extended his enlistment in the MSARNG on 2 June 2011, opting for the REB in the amount of $3,000.00.
b. an administrative error occurred resulting in a bonus addendum not being completed for this extension. A BCN was requested/received on 5 August 2011, retroactive to the date of his extension, which supports his eligibility for this bonus.
c. ARNG regulatory guidance requires addenda and BSNs to be completed at the time of enlistment/extension.
d. the applicant was eligible for this bonus at the time of his extension.
7. A copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or rebuttal. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid the REB in the amount of $3,000.00.
2. The evidence confirms he extended his enlistment in the MSARNG on 2 June 2011 opting for an REB in the amount of $3,000.00.
3. Through no fault of the applicant, an administrative error occurred resulting in a bonus addendum not being completed for this extension.
4. He was eligible for this bonus at the time of his extension and did absolutely nothing wrong. In view of the facts of this case and based on the advisory official's recommendation, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the REB in the amount of $3,000.00.
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:
a. Showing a bonus agreement was properly prepared with all appropriate signatures and bonus control number in a timely manner;
b. cancelling any recoupment action, and
c. paying him from Army National Guard funds the REB in the amount of $3,000.00.
_______ _ 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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