IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130019036
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, in effect, reversal of the denial of payment of a Reenlistment/Extension Bonus (REB) by the Florida Army National Guard (FLARNG) as an exception to policy (ETP).
2. The applicant states:
a. On 12 June 2011, he extended his contract with the understanding that a bonus entitlement would be requested. The bonus addendum was requested by the Administration Noncommissioned Officer on 20 June 2011 through the Information Management and Reporting Center system. The Bonus System was shortly changed to what is now known as the Guard Incentive Management System. He is afraid that his Bonus Addendum got lost in the process. No addendum was generated in either systems, but there is a control number for the National Guard Bureau (NGB) Form 600-7-3-R-E (Bonus Addendum) which is the only document missing for the processing of his bonus.
b. In between the transition from one system to the other the production of an addendum might have been neglected; therefore, he believes that his addendum was lost in this transition. He would like reconsideration of his ETP and for them to utilize the known information to generate an addendum to complete the process.
3. The applicant provides:
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* DA Form 2823 (Sworn Statement)
* DA Form 4187 (Personnel Action)
* Request for ETP memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the FLARNG on 18 October 2006, for six years.
2. His military records located in the integrated Personnel Electronic Records Management System (iPERMS) contain a copy of an Annex E (Enlisted Bonus Addendum) he executed on 19 October 2006 for an enlistment bonus.
3. His records contain and he provided a copy of a DA Form 4836 which shows he extended his enlistment for six years on 12 June 2011.
4. A review of his records on IPERMs failed to reveal a bonus addendum for this extension. There is also no evidence he entered into the Simultaneous Membership Program (SMP).
5. He also provided copies of the following:
a. A DA Form 4187, dated 7 February 2013, which shows he was qualified for a bonus.
b. A Request for ETP memorandum, dated 25 June 2013, wherein the Deputy G1, NGB, denied his request for an ETP to retain the $5,000.00 REB because the applicant entered into the Simultaneous Membership Program (SMP), his contract/bonus addendum could not be found, and his Bonus Control Number (BCN) was requested after the date of reenlistment/extension which were all in violation of the ARNG Decentralized State Incentive Pilot Program (DSIPP) for Fiscal Year 29 March 2011 through 30 September 2011 (Policy Number 11-02). The State Incentive Manager would terminate the incentive without recoupment. The memorandum also advised the applicant he could file a claim with the Army Board for Correction of Military Records if there is a belief that an error or injustice still exists.
6. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only
with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, and critical skill and bonus unit eligibility.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the FLARNG in October 2006 with an enlistment bonus. He extended his enlistment for 6 years on 12 June 2011. On 25 June 2013, Deputy G1, National Guard, denied his request for an ETP. A review of his records revealed a copy of his enlistment bonus addendum; however, this review failed to reveal a bonus addendum for his 2011 extension.
2. There is no evidence of record and he provided insufficient evidence to show he was erroneously denied a bonus on the date of his extension.
3. Therefore, without evidence to the contrary, the action taken by the NGB, Deputy G-1, to terminate the incentive recoupment appears to be proper and he has not shown otherwise.
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.
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