IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130021368 


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, payment of his Reenlistment/Extension Bonus (REB) in the amount of $5,000.00.

2.  The applicant states:

   a.  He reenlisted for a period of six years and signed a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) on 30 March 2011.  His reenlisting official explained that he would be receiving an REB in the amount of $5,000.00 for his reenlistment.  

 	b.  As the months passed without having received his bonus, he followed up with his chain of command and was ultimately told his bonus was terminated due to the reenlisting official failing to date the incentive addendum and the service representative failing to sign and date the addendum.   

3.  The applicant provides a memorandum and a National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document) or DA Form 4836 Reenlistment/Extension Bonus Addendum). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Florida Army National Guard (FLARNG) in the rank of staff sergeant.

2.  Having prior service in the Regular Army in military occupational specialty (MOS) 13B (Cannon Crewmember), the applicant enlisted in the FLARNG on 
10 March 2005.  On 11 February 2006, he was awarded MOS 11B (Infantryman).

3.  He was ordered to active duty on 2 January 2010 in support of Operation Iraqi Freedom.  He served in Kuwait/Iraq from 3 March to 14 December 2010 and was honorably released from active duty on 7 January 2011.  

4.  On 30 March 2011, he voluntarily extended his current enlistment agreement  of 19 March 2006 (having had one previous extension) for a period of 6 years.  His new expiration term of service was established as 18 March 2018.  

5.  In conjunction with his 6-year extension in the ARNG, he and his enlisting official signed an NGB Form 600-7-3-R-E on 30 March 2011, for an REB in the amount of $5,000.00.  He acknowledged in:

	a.  	Section II (Eligibility), paragraph 3a, he was duty MOS qualified for the position for which he was reenlisting/extending and he held the rank and grade commensurate with the vacancy he was extending/reenlisting for.

	b.  Section III (Bonus Amounts and Payments), paragraph 1a, he was reenlisting/extending for 6 years and would receive a total bonus amount of $5,000.00 in either a Non-Mobilized Unit or a Deployed Unit Continental United States.  He certified he was reenlisting/extending in a valid, vacant position and was not coded as excess to the unit.  The bonus would be paid in two installments.  The first 50 percent (%) installment would be processed for payment the day after current expiration term of service and the second and final 50% payment would be processed on the third-year anniversary.

	c.  Section VIII (Authentication), he understood that at the time of signature a Bonus Control Number (BCN) had been verified, approved and recorded on the incentive addendum by the State Incentive Manager.  He also understood that the incentive he was contracting for was invalid without a BCN recorded on the form, on this date, and he would be held to the terms of service of the agreement.  Exception to policy was not authorized.  No other promises, representation, or commitment have been made in connection with his enlistment bonus.  This section was initialed and signed by the applicant on 30 March 2011.

	d.  Section IX (Certification by Service Representative) shows the entry:  "I certify that I have witnessed the reading and signing of above agreement and the signature appearing above is that of the applicant.  I have verified that the Soldier meets the eligibility requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 3-4 and the applicant's MOS is currently eligible for a reenlistment/extension bonus.  I certify that I have verified the approved BCN for which contracted."  In connection with this extension his Enlisting Official signed Annex R to the DA Form 4836; however, there is no BCN represented on the form.
 
6.  The applicant provides a copy of a memorandum issued by the Deputy G-1, NGB, dated 12 September 2012, denying his request for an exception to policy to retain a $5,000.00 REB claimed to be offered at the time of his extension on 30 March 2011.  The memorandum further states in accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 10-01 (effective 16 June 2010 – 31 July 2011), eligible Soldiers were offered the REB.  The applicant extended his enlistment with the FLARNG on 30 March 2011 and claims the $5,000.00 REB for Critical Skill MOS 11B.  However, the Enlisting Official failed to date the incentive addendum and the Service Representative failed to sign and date the addendum.  Due to several other errors noted with the DA Form 4836 and the BCN being requested after the execution date, there is no substantiating evidence to support an intent by the Government to offer the incentive in connection with his extension; therefore, the request cannot be approved. 

7.  National Guard Regulation 600-7, paragraph 3-6 states that reenlistment or extension bonus contracts are not valid without a BCN.  The State Incentive Manager will, in accordance with policy, establish and verify the data for accuracy. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid a $5,000.00 REB was carefully considered and found to have merit.

2.  The applicant completed paperwork for an REB with his enlisting official on  30 March 2011 for a total bonus of $5,000.00 in MOS 11B for a period of 6 years.  The evidence shows the applicant entered into the contract in good faith.  It further confirms the applicant was promised a $5,000.00 REB in conjunction with this extension and that this commitment was documented in the documents prepared.

3.  Notwithstanding NGB's position, it is very reasonable to presume administrative oversight on the part of the applicant, enlisting official, and the  incentive manager in failing to ensure the addendum was correctly completed with a BCN.  However, regardless of whether the BCN was issued it was not the fault of the applicant.  Therefore, he should not be penalized for errors committed by the Enlisting Official, the State Incentive Manager, or the NGB.

4.  The evidence shows the applicant continues to meet and fulfill the requirements agreed to in his contract and he has upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the REB according to the parameters of his contract.

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 Department of the Army and state ARNG records of the individual concerned be corrected by:

	a.  showing he and the appropriate officials timely signed a properly-prepared NGB Form 600-7-3-R-E upon his 30 March 2011 reenlistment in the FLARNG for an REB in the amount of $5,000.00;

	b.  showing he is eligible for payment of the bonus in accordance with the terms of his reenlistment contract; and

	c.  paying him his bonus as specified in his reenlistment contract out of ARNG funds, less taxes.



      _______ _  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)                                         AR20130021368



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ABCMR Record of Proceedings (cont)                                         AR20130021368



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