IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130018506 


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) in the amount of $5,000.00.

2.  He states:

* he signed his promotion letter to further his career in the Army National Guard (ARNG)
* if he hadn't accepted his promotion, he would have dropped to the bottom of the promotion list
* he signed a 3-year extension with the intent of continuing his successful military career
* he wasn't counseled or made aware that the promotion to further his career would affect his REB
* he's currently assisting Soldiers in combat training at the Training Center on Fort Harrison, MT
* he plans to return to a Combat Arms battalion after his stint with the Training Center

3.  He provides:

* DD Form 4 (Enlistment/Reenlistment Document)
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) REB Addendum - ARNG of the United States)
* DA Form 4836 
* Reassignment orders
* Four memoranda

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MTARNG on 20 October 2006 for a period of 6 years.  On 20 June 2007, he was ordered to active duty for training (ADT) and at the completion of ADT on 12 October 2007, he was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  He was ordered to active duty on 17 September 2010 in support of Operation Iraqi Freedom.  He served in Iraq from 11 November 2010 to 2 September 2011 and was released from active duty on 21 October 2011.  

3.  On 9 December 2012, he voluntarily extended his current enlistment agreement of 20 October 2006 for a period of 3 years.  His new expiration term of service was established as 19 October 2016.  

4.  In conjunction with his 3-year extension in the ARNG, he completed an NGB Form 600-7-3-R-E for an REB in the amount of $5,000.  He acknowledged in:

	a.  	Section II (Eligibility), paragraphs 4 and 16, he agreed to reenlist/extend DMOSQ [Duty MOS Qualified] in MOS 11B only for 3 years as the primary position holder in a rank and grade commensurate with this position and he was not coded 9993 or 999M in SIDPERS [Standard Installation/Division Personnel System].  He must remain DMOSQ within an MTOE [Modified Table of Equipment] or Medical Table of Distribution and Allowances (TDA) unit only unless he is Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only.  

	b.  Section III (Bonus Amounts and Payments),

   (1)  paragraph 1, line a, he was reenlisting/extending DMOSQ for 3 years 
and would receive a total bonus amount of $5,000.  He certified he was reenlisting/extending as the primary position holder and was not coded 9993 or 999M.  His bonus would be processed effective the day after his current ETS [expiration of term of service] as a lump-sum payment.  





   (2)  paragraph 3, he understood he would not receive payment if he did 
not meet all eligibility requirements on his contract start date (Day after current ETS).  The reenlistment/extension would be verified by the State Incentive Manager (IM) prior to any payment being processing.

   c.  Section VI (Termination) he understood he would be terminated from REB eligibility with recoupment if he voluntarily changed his REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School (OCS) Candidate or 09R Simultaneous Membership Program Cadet.  The termination date would be the date of transfer reflected on his order.

	d.  Section VI he understood he would be terminated from REB eligibility if he transferred out of his current REB MOS into a NonDMOSQ MOS.  The termination date would be his transfer order effective date.

   e.  Section VIII, he was issued bonus control number (BCN) R12120042MT.
   
   f.  Section IX (Certification by Service Representative) shows the entry:

		(1)  "I certify that I have witnessed the reading and signing of this addendum and the signature appearing above is that of the Soldier.  I have verified that the Soldier meets the eligibility requirements of AR 601-210, FY12 SRIP [Selected Reserve Incentive Programs] and the Soldier's MOS is currently eligible for the REB.  No other promises, representations, or commitments have been made in connection with this REB.  I also certify that I have verified the approved REB CN [control number] that is annotated on this addendum is for the Soldier reenlisting/extending in the ARNG."

		(2)  In connection with this extension he, his Service Representative, and Witnessing Officer signed Annex R to the DA Form 4836 on the same date (9 December 2012).

5.  Joint Forces Headquarters - Montana, Office of the Adjutant General, Fort Harrison, MT, Orders 362-001, dated 27 December 2012, transferred him from an Automatic Rifleman duty position at Detachment 1, Company A, 1st Battalion, 63rd Cavalry to a Range Communications Noncommissioned Officer duty position, at MTARNG Training Center, effective 1 December 2012.  These orders indicate his MOS as 00F2O (Immaterial National Guard Bureau (NGB)).  

6.  He was promoted to SGT on 23 January 2013 and awarded primary MOS 11B2O on the same date.  


7.  In an 18 June 2013 memorandum, Colonel (COL) T.J.T., G-1, MTARNG requested an exception to policy be granted to the applicant due to his voluntary MOS 00F change for promotion and career progression to a non-deployable TDA.  The official stated:

	a.  the applicant extended his enlistment in the MTARNG and signed an Annex R with BCN R12120042MT on 9 December 2012.

	b.  this [MOS] move was for promotion to E-5 and was considered career progression experience for Combat Arms MOS 11B personnel who primarily support various weapon system qualifications during unit IDTs [inactive duty training] and annual training.  The applicant accepted an incentive offer made by the MTARNG in good faith and has otherwise fulfilled his obligations under the contract as of the date of this request.  The applicant has not received his bonus payment of $5,000 that is due for NGB-PEC (Professional Education Center) processing on 20 October 2013.

8.  In a 29 May 2013 memorandum, the Montana State IM informed the applicant that a discrepancy had been discovered with his bonus contract that must be resolved to avoid eligibility termination.  The IM informed the applicant that his 
3-year REB (BCN R12120042MT) of $5,000 was not approved.  The reason for discrepancy was cited as:  Annex R REB addendum Section II paragraph 4 states that he reenlisted/extended in an MOS within an MTOE or Medical TDA (Training Center is neither).  Paragraph 16 line a states if you voluntarily change REB MOS during the contractual obligation, termination date would be the date of transfer on order (1 December 2012).  It was determined the applicant was eligible for an exception to policy which must be submitted to the State IM within 45 days from the date of this correspondence.  

9.  In a 29 August 2013 memorandum from the NGB, the MTARNG IM was informed the request for an exception to policy for the applicant to retain the $5,000 REB was denied.  

10.  In a 29 August 2013 memorandum, COL T.J.T, MTARNG G-1 informed the applicant that his enlistment bonus contract was terminated without recoupment, effective 20 October 2013 (contract start date).  The applicant was advised that he could file a claim with this Board. 

11.  National Guard Regulation (NGR) 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 3-4, provides that a person is eligible for an REB if he or she meets the following requirements:

* has completed less than 14 years of total military service creditable for pay
* is within 3 months of, or 24 hours after, ETS of the current ARNG enlistment, reenlistment, or extension contract
* meets the eligibility criteria in NGR 600-200, chapter 7, for immediate reenlistment or extension of enlistment
* is qualified in and awarded the MOS for his/her position in a valid MTOE position in a bonus unit at the time the reenlistment or extension 
* has not received a previous reenlistment or extension bonus
* is not re-enlisting or extending for a military technician position
* is not re-enlisting or extending for an Active Guard Reserve Title 10 or Title 32 position
* has been a satisfactory participant in the selected reserve for the 3 months preceding the reenlistment/extension
* completes a reenlistment or Extension Bonus Addendum at the time of reenlistment or extension

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of the $5,000 REB was carefully considered; however, there is an insufficient basis to grant the requested relief.

2.  The evidence of record shows he enlisted in the MTARNG on 20 October 2006.  He completed ADT in October 2007 and was awarded MOS 11B.  

3.  On 9 December 2012, he extended his enlistment for a period of 3 years.  

4.  In conjunction with his extension, he signed an agreement for an REB in the amount of $5,000 for MOS 11B.  At that time, he acknowledged the bonus would be terminated with recoupment if he voluntarily changed his REB MOS during the contractual obligation.  

5.  Orders were published in December 2012 and he was transferred from his MOS 11B to MOS 00F2O effective 1 December 2012.  Since he voluntarily transferred from his contractual REB MOS (11B), he was terminated from his bonus eligibility in accordance with the terms of his REB agreement.  

6.  Based on the foregoing, there is no basis for granting the applicant's request.  





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)                                         AR20130018506





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ABCMR Record of Proceedings (cont)                                         AR20130018506



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