IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120013251 


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 a bonus control number (BCN) be added to his Reenlistment/Extension Bonus (REB) Addendum thereby authorizing him a $5,000.00 REB. 

2.  He states he was informed by the National Guard Bureau (NGB) that the reason for termination of his bonus contract was due to his BCN not being requested or approved until 4 days after he signed the REB Addendum.  

3.  The applicant provides the following:

* DA Form 4836 (Oath of Extension or Enlistment or Reenlistment), dated 10 June 2010
* NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 REB Addendum), dated 11 June 2010
* Memorandum, subject:  Exception to Policy Enlistment Bonus, dated 
31 August 2011
* Two DA Forms 2823 (Sworn Statement), dated 1 September 2011 and 
6 November 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 189-0174, dated 8 July 2010
* Congressional Correspondence, dated 16 April 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he enlisted in the Tennessee Army National Guard (TNARNG) on 26 January 1991.  On 5 December 2009, he was ordered to active duty in support of Operation Iraqi Freedom.  On 10 June 2010, he executed an extension of his enlistment in the TNARNG for a period of 
6 years.

2.  The NGB Form 600-7-3-R-E shows:

	a.  Section III (Bonus Amount and Payments), paragraph 1b, states, "I will receive a total bonus payment of $5,000.00 for a 6-year reenlistment/extension in the NGB approved Critical UIC (Unit Identification Code) of…."

	b.  Section III, paragraph 3, states, "I understand that I will not receive a payment if I do not meet all requirements at the time my reenlistment/extension takes effect.  My reenlistment/extension will be verified by the State Incentive Manager prior to any payment being processed."

	c.  Section VII reflects the applicant acknowledged and understood the contents thereof.

	d.  Section VIII (Authentication) shows the applicant and an enlisting official signed and dated the contract on 11 June 2010.  A BCN is listed on this contract.

3.  In a memorandum, dated 31 August 2011, the TNARNG Readiness Noncommissioned Officer (NCO) requested the applicant be authorized an exception to policy (ETP) for bonus payment and payment for extension.  He said through lack of trained personnel and mission requirement in Iraq, the Soldier's packet was processed incorrectly.  He added the date specified on the bonus addendum was one day beyond the date specified on the DA Form 4836.  He offered the applicant was deployed to Iraq when the extension contract in question was prepared and processed.

4.  On 30 January 2012, the applicant's request for an ETP to retain the $5,000.00 REB was denied.  The Deputy G1, ARNG, stated that the applicant extended in the TNARNG on 10 June 2012 for the REB.  However, the 
NGB Form 600-7-3-R-E was not executed until 11 June 2010 and a BCN was not requested or approved until 15 June 2010.  Therefore, the documentation does not support that an incentive was in conjunction with the extension agreement. 



5.  During the processing of this case, on 24 August 2012, an advisory opinion was obtained from the NGB, Incentives and Budget Branch, Enlisted Accessions Division.  The NGB recommended approval of his request to retain his ARNG REB.   The representative said:

* The applicant extended his enlistment in the TNARNG on 10 June 2010
* He did not sign his bonus addendum until 11 June 2010
* He received his BCN on 15 June 2010, retroactive to the date of his extension
* The administrative error is the cause for nonpayment of the incentive

6.  The applicant was provided a copy of the advisory opinion for acknowledgement/response.  No response was received. 

7.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 3, paragraph 6 provides that reenlistment or extension bonus contracts are not valid without BCNs.  These control numbers are issued from the State Incentive Management Office to the retention NCO and reported to the NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs and the accuracy of reenlistment or extension documents.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a DA Form 4836 on 
10 June 2010 executing a 6-year extension of his enlistment in the TNARNG.  On 11 June 2010, he completed and signed an REB Addendum which promised him a $5,000.00 bonus for which he was authorized.  However, a BCN was not issued until 15 June 2010, 4 days after the completion of his REB Addendum. 

2.  The Deputy G1, ARNG denied his request for an ETP citing the documentation does not support that an incentive was in conjunction with the extension agreement.  However, NGB, Incentives and Budget Branch, recommended that relief be granted and verified that the administrative error was the cause for nonpayment of the incentive.

3.  The evidence of record shows the applicant executed a 6-year extension in the TNARNG in good faith and complied with all terms of the contract offered to him.  Due to no fault of his own, the BCN was not issued to him at the time of his extension and this deprived him from receiving his bonus.  Therefore, he should be entitled to receive payment of the bonus.


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 Army National Guard records of the individual concerned be corrected to show he:

     a.  received a valid BCN upon executing the REB Addendum in the TNARNG in the amount of $5,000.00,

     b.  is eligible for payment of the REB in accordance with the terms of his contract, and

    c.  be paid the REB Bonus out of Army National Guard funds as specified in his extension contract.



      _______ _   __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)                                         AR20120013251





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ABCMR Record of Proceedings (cont)                                         AR20120013251



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