IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120013305
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 correction of his military records to show that he qualified for a reenlistment bonus.
2. The applicant states he reenlisted in the Tennessee Army National Guard (TNARNG) on 15 August 2011. He subsequently learned from the National Guard Bureau (NGB) that his bonus was not paid because his paperwork looked suspicious. His unit has done everything that was asked of them. They provided paperwork, sworn statements, and various email in an attempt to resolve the issue, all without success. His expiration term of service date was changed and he now has 6 more years of required service, but no bonus. He wants to stay in the TNARNG, but not without his bonus. He had a bonus control number and wants it to be honored.
3. The applicant provides:
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 15 August 2011
* NGB Form 600-7-3-R-E-DSIPP (Annex R (Bonus Addendum) to DA Form 4836), dated 19 August 2011
* Memorandum, TNARNG Recruiting and Retention Battalion, dated 3 April 2012
* DA Form 2823 (Sworn Statement), dated 3 April 2012 by applicant's unit First Sergeant (1SG)
* DA Form 2823 (Sworn Statement), dated 4 April 2012 by applicant's unit Training Noncommissioned Officer
* Privacy Act Statement/Release, dated 18 June 2012
* DA Form 200 (Transmittal Record), dated 29 June 2012
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a member of the TNARNG serving in the rank of sergeant, pay grade E-5.
2. On 15 August 2011, the applicant signed a DA Form 4836, indicating he took his oath of office in conjunction with his 6-year extension of service.
3. On 19 August 2011, the applicant signed the Bonus Addendum, which shows that he agreed to extend his enlistment in the TNARNG for a period of 6 years and that he was to receive a bonus. The contract contains bonus control number R11080045TN.
4. On 3 April 2012, the 1SG, TNARNG Recruiting and Retention Battalion, requested, by memorandum, an exception to policy concerning payment of the applicant's reenlistment bonus. The 1SG identified the bonus control number supporting the applicant's eligibility for the extension bonus. The 1SG further noted the discrepancy in dates between the DA Form 4836 and the Bonus Addendum and acknowledged that both forms must be dated the same.
5. In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer). The opinion stated that the applicant had extended his enlistment with the TNARNG on 15 August 2011, opting for a reenlistment/extension bonus. A bonus control number was issued on 17 August 2011, retroactive to 15 August 2011. This supports his eligibility to receive this bonus. However, the applicant signed his bonus addenda on 19 August 2011. ARNG regulatory guidance requires addenda and bonus control numbers to be completed at the time of enlistment. The 4-day delay in signing the addendum is the cause for non-payment of the incentive bonus. On 15 May 2012, the ARNG denied an exception to policy. The advisory opinion now recommends that the applicant be granted full administrative relief by paying him the extension bonus.
6. On 15 August 2012, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that he qualified for a reenlistment bonus.
2. The available evidence clearly shows that the applicant acted in good faith when he accepted his oath of office and signed the required documents concerning his reenlistment extension.
3. The G1 states in the advisory opinion that the ARNG denied the applicant an exception to policy concerning the difference in dates on the two documents in question. The G1 recommends that the applicant be paid the bonus.
4. In view of the above, and as a matter of equity, it would be prudent and appropriate for the ARNG to pay the applicant the reenlistment bonus for which he contracted. Therefore, his Bonus Addendum should be corrected to reflect the same date as shown on his DA Form 4836. However, should the ARNG decide not to make this correction, then the applicant should be given the opportunity to opt out of his reenlistment/extension contract altogether.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ 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 and State ARNG records of the individual concerned be corrected by:
a. showing a corrected copy of the applicant's Bonus Addendum was properly signed on 15 August 2011;
b. paying the applicant his incentive bonus out of Army National Guard funds; and
c. if this correction is not accepted by the ARNG, then the applicant should be given the opportunity to opt out of his reenlistment/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) AR20120013305
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