IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130012451
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 (REB) in the amount of $10,000.00.
2. The applicant states, in effect:
a. on 27 November 2012, he reenlisted for a 6-year period for an REB in the amount of $10,000.00. His unit initiated an REB and the system generated a bonus addendum. When he was presented with the bonus addendum, he signed it. He signed the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) with the understanding he would receive the bonus.
b. he was later informed that his bonus was denied due to a policy stating that if a service member has 13 or more years in the service they were not eligible for an REB. The system allowed the unit to generate the addendum and did not realize that he would have served exactly 13 years in the service at the end of his current contract. His expiration term of service (ETS) was 30 August 2013.
c. upon rejection of his bonus addendum, he was instructed to submit an exception to policy (ETP). His ETP was denied on 10 May 2013 because the addendum violates the Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP), Policy Number 12-01.
d. due to no fault of his own, the system created an authorized addendum stating he was going to receive a bonus. The system had a glitch that allowed this to happen and has since been corrected. The unit was not aware of the policy or the glitch in the system and pushed the addendum through along with his extension.
e. he feels that he was wrongly denied a bonus. He would like his ETP to be granted and he be allowed to have the bonus paid to him for signing up for
6 years.
f. he has served in Iraq and most recently in Afghanistan.
3. The applicant provides:
* DA Form 2823 (Sworn Statement)
* ETP letter, dated 25 March 2013
* ETP denial letter, dated 10 May 2013
* DA Form 4836
* National Guard Bureau (NGB) Form 600-7-3-R-E (REB Addendum)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ARNG on 31 August 2000 for a period of 8 years.
2. His DA Form 4836, dated 5 March 2006, shows he extended/reenlisted for a 6-year period and his expiration term of service (ETS) was 30 August 2006.
3. His DA Form 4836, dated 27 July 2012, shows he extended/reenlisted for a
1-year period and his ETS was 30 August 2012.
4. His DA Form 4836, dated 27 November 2012, shows he extended/reenlisted for a 6-year period and his ETS was 30 August 2013.
5. His REB Bonus Addendum, dated 27 November 2012, shows:
a. he extended/reenlisted for a bonus in the amount of $10,000.00.
b. for the 6-year $10,000.00 REB, the REB extension eligibility period is less than 13 years time in service (TIS).
c. the service representative certified [that "I have verified] that the [Soldier meets the eligibility requirements of AR Army Regulation 601-210, FY Fiscal Year 12 SRIP and the Soldier's MOS [military occupational specialty] is currently eligible] for the REB."
6. On 10 May 2013, the NGB disapproved the request for an ETP to retain the $10,000.00 REB because the applicants service obligation did not meet the eligibility requirement to contract for the incentive which violates ARNG SRIP 12-01. The NGB directed the State Incentive Manager to terminate the incentive with recoupment.
7. ARNG SRIP FY 2012 (Policy Number 12-01) states Soldiers reenlisting/extending for the REB must have less than 13 years TIS at time of current ETS.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests payment of an REB in the amount of $10,000.00 per his NGB Form 600-7-3-R-E.
2. The governing regulation states Soldiers reenlisting/extending for the REB must have less than 13 years TIS at time of current ETS.
3. Evidence confirms he reenlisted in the ARNG on 27 November 2012 opting for an REB in the amount of $10,000.00 and his current ETS was 30 August 2013. He had exactly 13 years TIS at time of his current ETS.
4. He did absolutely nothing wrong and the service representative verified that he met the eligibility requirements for the REB.
5. Therefore, notwithstanding the ETP memorandum and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the REB in the amount of $10,000.00.
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 all State Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. showing the applicant's request for ETP to retain the $10,000.00 REB, dated 10 May 2013, was approved;
b. showing the Department of the Army authorized him to receive the bonus in question as agreed to in his NGB Form 600-7-3-R-E, dated 27 November 2012; and
c. paying to him the $10,000.00 bonus out of ARNG funds as a result of the above corrections.
___________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.
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