IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120012589 


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 $15,000.00 reenlistment/extension bonus (REB).

2.  The applicant states she reenlisted in the Minnesota Army National Guard (MNARNG) for a period of 6 years on 28 April 2006.  She contracted for a $15,000.00 REB to be paid in two increments.  She was later informed she could not be paid the bonus because she entered the Active Guard Reserve (AGR) program.  She submitted an exception to policy (ETP) to the National Guard Bureau (NGB), but her ETP was denied.  She feels she is entitled to the bonus as stated in her contractual agreement.

3.  The applicant provides:

* An REB ETP request
* The NGB denial letter
* DA Form 4836 (Oath of Extension or Enlistment or Reenlistment), dated 28 April 2006
* NGB Form 600-7-3-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.  The applicant enlisted in the MNARNG on 28 October 1994.  She held military occupational specialties (MOS) 71L (Administrative Specialist) and 88M (Motor Transport Operator).
2.  On 25 April 2001, she executed a 6-year extension of her October 1994 enlistment in the MNARNG.  This established her expiration of term of service (ETS) as 27 April 2007.

3.  On 28 April 2006, she executed a 6-year extension in the MNARNG.  Her
DA Form 4836 shows she acknowledged she had voluntarily extended her current enlistment for a period of 6 years and agreed to remain a member of the MNARNG during the entire period of extension.  This form also shows she was assigned Bonus Control Number R06xxxxxxMN, as verified by the State Incentive Manager on 12 June 2006.

4.  In connection with this extension, she signed various allied documents, including an NGB Form 600-7-3-R-E.  This form states:

* I am qualified in the primary MOS for which I am enlisting and hold the rank and grade of the required grade of the position
* I will receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year enlistment
* I am not reenlisting or extending for a Title 10 or Title 32 AGR tour nor am I reenlisting or extending for a technician position 
* Bonus payments will be processed in two installments, $7,500.00 upon reenlistment and $7,500.00 on third anniversary
* I understand I will be terminated from bonus eligibility with recoupment if I accept an AGR Title 10 or Title 32 tour effective on date of my AGR orders

5.  On 17 January 2006, she entered active duty special work (ADSW) under the authority of Title 32, section 502.  She completed 8 months and 14 days of active service and she was honorably released from active duty on 30 September 2006.

6.  Her NGB Form 23B (ARNG Current Annual Statement) shows she reentered active duty in an AGR status on or about 16 October 2006 and continues to serve in that status.

7.  On 30 December 2011, she submitted an ETP for payment of her reenlistment bonus.  She stated she was not paid the bonus due to her AGR status.

8.  On 19 January 2012, by memorandum, the Deputy G-1, NGB denied her request.  He informed the MNARNG State Incentive Manager that the applicant extended her enlistment on 28 April 2006 for the REB that would have been effective the day after her ETS of 27 April 2007.  However, she accepted an AGR 

position on 16 October 2006 that was prior to the effective date of the REB.  Department of Defense Instruction (DODI) 1205.21 prohibits AGR Soldiers from being eligible for any incentive under the Selected Reserve Incentive Program (SRIP).

9.  DODI 1205.21 states the REB is authorized to prior-service enlisted members depending on the term of extension/reenlistment.  The member understands that if he/she fails to fulfill the service obligation incurred under their agreement for any of the reasons listed below, they understand that recoupment or entitlement to a portion of the bonus amount will be calculated in accordance with paragraph E4.1.5., unless any recoupment is exempted under paragraph E4.1.8.

	a.  Sub-paragraph E4.1.4.1.  If the member fails to participate satisfactorily in training with the Selected Reserve including maintaining medical and dental readiness, during the entire period of enlistment, unless the failure to participate satisfactorily was due to reasons beyond their control (i.e., death, injury, illness, or other impairment).

	b.  Sub-paragraph E4.1.4.2.  If the member separates from the Selected Reserve for any reason (including enlistment or voluntary order to active duty AD in the active forces); other than by death, injury, or illness or other impairment not the result of my own misconduct.

10.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, states 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 evidence of record confirms the applicant extended her enlistment for a period of 6 years on 28 April 2006 in exchange for a $15,000.00 REB.  However, prior to the effective date of this extension, she voluntarily entered active duty in an AGR status and remained in such status, thus breaching the conditions of her contract.  Once she did so, she became non-eligible for the REB.  There is neither an error nor an injustice in her case.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20120012589



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ABCMR Record of Proceedings (cont)                                         AR20120012589



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