IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130009147
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 his Reenlistment/Extension Bonus (REB) that he was promised in return for extending his enlistment for a period of
6 years.
2. The applicant states, in effect, that he signed everything he was provided and a bonus control number (BCN) was obtained; however, he has been denied his bonus because the bonus addendum was lost and not provided to the appropriate authorities. Additionally, there were administrative errors made on the part of officials preparing his contract that have resulted in his being denied his bonus.
3. The applicant provides copies of his request for an exception to policy and memorandums from officials responsible for preparing his contract.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the rank/grade of sergeant (SGT)/E-5 in the Oregon Army National Guard (ORARNG) on 18 March 2012 when he extended his enlistment for a period of 6 years and a $10,000.00 REB.
2. However, the applicant did not receive his REB and it was subsequently determined the bonus addendum was lost and that the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) contained administrative errors.
3. On 19 December 2012, the ORARNG State Incentive Manager submitted a request for an exception to policy (ETP) to the National Guard Bureau (NGB) for the applicant to receive his REB. He cited as the basis for the ETP that the training noncommissioned officer (NCO) was transitioning positions and was misguided as to proper procedures for filling out the DA Form 4836 and lost the bonus addendum as well. He went on to state the bonus and extension was executed in good faith and should not be denied due to administrative errors on the part of unit representatives.
4. On 25 February 2013 the NGB denied the request for an ETP and directed the applicant to apply to this Board.
5. NGB Policy Number 11-02, subject: Decentralized State Incentive Pilot Program Selected Reserve Incentive Program Guidance for Fiscal Year 2011 (effective 29 March-30 September 2011) offered an REB to eligible applicants who had less than 16 years of service. Effective 1 October 2011, it was changed to read less than 10 years of service.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant entered into a written agreement (DA Form 4836) that was signed by the applicant and his commander on
18 March 2012. The form was signed in good faith that authorized him an REB in conjunction with his 6-year extension agreement.
2. His DA Form 4836 does not contain the proper table and rule; however, a correction was subsequently submitted to correct that error. Additionally, a bonus control addendum cannot be located.
3. It is also noted that the ORARNG has accepted responsibility for the administrative errors, the loss of the bonus addendum, and the denial of his bonus caused by the mishandling by ORARNG officials.
4. The available evidence indicates the applicant met the eligibility requirements to receive payment of the REB at the time he extended his enlistment. He should not be penalized for the administrative errors committed by the ORARNG staff.
5. In view of the foregoing, and based on the support of his commander and the ORARNG, it would serve in the interest of justice and equity to issue him a BCN effective the date of his extension and pay him the REB in accordance with the terms of his contract.
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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing he was issued a BCN in a timely manner and paying him, out of Army National Guard funds, the extension bonus due in accordance with his corrected extension agreement of 18 March 2012.
____________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) AR20130009147
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ABCMR Record of Proceedings (cont) AR20130009147
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