BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130011919
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 records to show he remains entitled to his $15,000 Reenlistment Bonus (REB) and cancellation of any recoupment action.
2. The applicant states that:
a. The paperwork for his 2005 reenlistment was not uploaded into the interactive Personnel Electronic Records Management System (iPERMS). He believes his ex-wife destroyed his copy.
b. He has served out that enlistment, including a 12-month deployment. He is currently on his second reenlistment and will continue to reenlist until retirement. The REB for $15,000 he received in 2006 was not military occupational specialty (MOS) specific and therefore recoupment in unjust.
3. He provides copies of:
a. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) showing he enlisted in the California Army National Guard (CAARNG) for a period of 6 years on 8 February 2000.
b. An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Decentralized State Incentive Pilot Program Addendum), dated 19 September 2011.
c. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 13 June 2012.
d. A Joint Force Headquarters - Montana memorandum, Subject: Exception to Policy (ETP) Request, dated 10 September 2012.
e. A National Guard Bureau (NGB) memorandum, Subject: Request for ETP for REB, dated 19 April 2013.
f. An NGB memorandum, Subject: Request for ETP for REB, dated 1 May 2013.
g. A Joint Force Headquarters - Montana memorandum, Subject: Notification of Incentive Eligibility Termination, dated 29 May 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the CAARNG on 8 February 2000. On 3 May 2001, he transferred to the Montana Army National Guard (MTARNG).
2. The applicant provides:
a. An NGB Form 600-7-3-R-E showing he extended his enlistment on 19 September 2011 for a period of 6 years. He was to receive a $5,000 bonus.
b. A Joint Force Headquarters - Montana, memorandum, dated
10 September 2012, requesting an ETP to allow him to retain his eligibility for a bonus related to a 12 December 2005 reenlistment. The memorandum states that the applicant extended his enlistment in the MTARNG and signed a Reenlistment Bonus Addendum NGB Form 600-7-R-E with a validated bonus control number. The Selected Reserve Incentive Program (SRIP) addendum and corresponding DA Form 4836 were not filed in iPERMS due to no fault of the Soldier and he could not locate his copy. His brigade commander indicated the change in MOS was a "critical leadership fill for the unit and Battalion." The applicant understood that if the ETP was denied his bonus would be terminated without recoupment.
c. A DA Form 4836, backdated to 13 June 2012, filed in iPERMS to show his scheduled separation date of 7 February 2006 was extended to 7 February 2012, a period of 6 years.
d. A 1 May 2013 NGB memorandum denying an ETP to allow the applicant to retain a $15,000 REB. Recoupment was directed. His 8 February 2006 contract/bonus addendum could not be found which violates ARNG SRIP 06-05. Additionally, the applicant moved out of his contracted MOS prior to the completion of the contract, and the DA Form 4836 was executed after the date of extension.
e. A 29 May 2013, Joint Force Headquarters - Montana memorandum notifying the applicant that his enlistment contract was terminated with recoupment effective 8 February 2006. The reason is shown as "No addendum can be found which violates ARNG SRIP 06-05."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show he remains entitled to his $15,000 REB and any recoupment action should be cancelled..
2. There is insufficient evidence showing the applicant actually entered into a reenlistment/extension contract and was promised a reenlistment bonus of $15,000.
3. In view of the above, the applicant's request should be denied.
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) AR20110010464
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ABCMR Record of Proceedings (cont) AR20130011919
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