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ARMY | BCMR | CY2013 | 20130017206
Original file (20130017206.txt) Auto-classification: Denied
 
	
		BOARD DATE:	  9 July 2014

		DOCKET NUMBER:  AR20130017206 


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 he be paid his reenlistment/extension bonus (REB) based on his reenlistment in the Rhode Island Army National Guard (RIARNG) on 10 May 2012.

2.  The applicant states:

	a.  his bonus was terminated due to a change in military occupational specialty (MOS).

	b.  when he came to his unit, it was his intention to go to 11B (infantryman) school, but there was no time prior to him leaving to become MOS qualified.  When he extended, he was under the impression that he had to become duty MOS qualified in order to stay in the unit.  However, by him going to 11B school, it caused his bonus to be terminated.

	c.  there are no 68W (healthcare specialist) slots in his unit.

	d.  since he had to change his MOS, he believes it is unfair for his bonus to be terminated.

	e.  the only reason he extended was to get the bonus. 




3.  The applicant provides:

* extension contract
* exception to policy (ETP) denial letter
 
CONSIDERATION OF EVIDENCE:

1.  Records show the applicant served in the Connecticut ARNG from 18 May 2007 to 18 October 2010 in MOS 68W.  He enlisted in the RIARNG on 5 May 2011 for a period of 4 years and 3 weeks in pay grade E-4.

2.  His DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 
10 May 2012, shows he reenlisted/extended for a 6-year period.

3.  His REB Addendum, dated 10 May 2012, shows he extended for a bonus in the amount of $10,000.00.

	a.  In Section II (Eligibility) of this document the applicant placed his initials in:

		(1)  item 6 which states "If I am Non-DMOSQ [Duty Military Occupational Specialty Qualified] at the time of extension.  I must become DMOSQ within 24 months from the contract start date.  The initial payment will not be processed until I am DMOSQ."

		(2)  item 19a which states "I am Duty Military Occupational Specialty Qualified (DMOSQ) for the position for which I am Reenlisting/Extending and I hold the rank and grade commensurate with the position I am reenlisting/extending for.  I am reenlisting/extending into the ARNG MOS of: 68W."

	b.  Section V (Termination) states "I may be terminated from incentive eligibility with recoupment if I voluntarily change my reenlistment/extension MOS during the contractual obligation unless assigned as an 09S (OCS (Officer Candidate School) Candidate) or 09R (SMP (Simultaneous Membership Program) Cadet)."

4.  He provides an ETP memorandum from the National Guard Bureau, dated 
17 July 2013, which states:

	a.  an ETP request to retain the $10,000.00 REB is denied because he is not serving in the MOS for which he contracted which violates ARNG Selected Reserve Incentive Program Fiscal Year 2011.

	b.  the State Incentive Manager will terminate the bonus without recoupment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant reenlisted/extended in the RIARNG on 10 May 2012 for an REB in the amount of $10,000.00.  His REB Addendum states that he contracted for MOS 68W and he had a period of 24 months from the contract start date during which to become DMOSQ."

2.  The ETP letter states his request to retain the REB was denied because he was not serving in the MOS he contracted for (MOS 68W) and that he was serving in MOS 11B.

3.  Since he failed to fulfill the requirement to become DMOSQ in his contracted MOS and was not serving in the MOS for which he contracted, there is no basis for granting the requested relief.

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)                                         AR20130017206





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ABCMR Record of Proceedings (cont)                                         AR20130017206



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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