IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20130010429
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 bonus in the amount of $5,000.00.
2. The applicant states:
* he understands his bonus was cancelled due to a unit transfer, but he served in the assigned unit almost 3 years after his reenlistment that included a tour in Iraq
* the unit transfer was due to career advancement/promotion
* he is still serving in the Texas Army National Guard (TXARNG)
* the transfer occurred not because he wanted to move out of the unit
3. The applicant provides:
* exception to policy (ETP) notification
* ETP determination
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the TXARNG on 21 July 1998 for a period of 8 years. He was ordered to active duty on 16 August 2005 in support of Operation Iraqi Freedom (OIF).
2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
18 July 2006, shows he extended his enlistment in the TXARNG for a period of
3 years.
3. On 15 December 2006, he was released from active duty.
4. A DA Form 4836, dated 21 May 2009, shows he extended his enlistment in the TXARNG for a period of 3 years. His Unit Identification Code (UIC) is shown as TQ4A0 on this form.
5. A Reenlistment/Extension Bonus Addendum, dated 21 May 2009, shows he reenlisted:
* for a period of 3 years
* for a reenlistment bonus in the amount of $5,000.00
* in critical UIC TQ4A0
6. Section V (Termination) of this addendum states he understood that he may be terminated from bonus eligibility with recoupment for voluntarily transferring out of the critical UIC or critical skill for which the bonus was approved. Section VI (Recoupment) states recoupment will be prorated.
7. He was ordered to active duty on 3 July 2009 in support of OIF. He served in Iraq from 14 August 2009 to 14 June 2010. He was released from active duty on 16 August 2010.
8. Orders 090-1005, issued by the TXARNG, dated 31 March 2011, show he was transferred out of UIC TQ4A0 to UIC X5QC0 effective 1 March 2011. These orders further show the assignment/loss reason as "individual's request."
9. He was promoted to sergeant first class on 3 February 2012.
10. On 19 April 2013, the National Guard Bureau disapproved the TXARNG's request for an exception to policy for the applicant to retain the $5,000.00 reenlistment bonus offered at the time of his extension. The memorandum cited:
a. the applicant is not serving in the UIC for which contracted which violates the Army National Guard Selected Reserve Incentive Program (SRIP) Guidance 07-06 (Fiscal Years 2007, 2008, 2009, 10 August 2007 to 30 September 2009) with updates (1 March 2009 to 15 June 2010).
b. the State Incentive Manager will terminate eligibility with recoupment.
c. the applicant may file a claim with the Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid the reenlistment bonus in the amount of $5,000.00.
2. The evidence confirms he extended his enlistment in the TXARNG on 21 May 2009 opting for a reenlistment bonus in the amount of $5,000.00 in UIC TQ4A0.
3. He breached his reenlistment bonus agreement when he voluntarily transferred out of critical UIC TQ4A0, effective 1 March 2011, for which the bonus was approved. Therefore, there is no basis for granting the applicant's requested relief to be paid the entire $5,000.00 bonus.
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) AR20130010429
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ABCMR Record of Proceedings (cont) AR20130010429
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