BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130022245
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 correction of his military records to show he is authorized an additional $20,000.00 enlistment bonus for joining the Army National Guard (ARNG).
2. The applicant states he originally enlisted on 21 March 2008, under the "Active First Program." It was explained to him by his original recruiting and retention noncommissioned officer that he would receive a bonus worth a total of $60,000, specifically, $10,000 for every year of active duty service, for a maximum of 4 years and an additional $20,000 upon signing into his ARNG unit. He has received the bonus for each year of active duty service. He reported to his Texas Army National Guard (TXARNG) unit in October 2012. Currently he is assigned to and is actively drilling with Company C, 3rd Battalion, 124th Cavalry Regiment. He believes he is authorized payment of $20,000 through his enlistment contract and the explanation he was given at the time of that enlistment.
3. The applicant provides copies of:
* DD Form 4/1 and 4/2 (Enlistment/Reenlistment Document - Armed Forces of the United States) dated 27 August 2008
* DD Form 368 (Request for Conditional Release) dated 7 September 2008
CONSIDERATION OF EVIDENCE:
1. On 21 March 2008, the applicant enlisted in the TXARNG and as a Reserve of the Army. His DD Form 4/1, section B (Agreements), item 8c shows he initialed the statement, The agreements in this section and attached annex(es) are all the promises made to me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED. On the same day, he requested a conditional release for the purpose of enlisting into another component of the military service.
2. The Guard Annex to his enlistment, dated 21 March 2008, shows the applicant agreed to serve in the ARNG until he completed his initial entry training. Then he would transition to active duty in the Regular Army for a period of 48 months. He also understood he would receive a $40,000.00 enlistment bonus paid in increments of $10,000 each in annual installments commencing with his arrival at his first permanent duty station. He also understood his military occupational specialty was 11B (Infantryman) with no special qualifications.
3. On 27 August 2008, the applicant enlisted in the Regular Army and served as an infantryman until his release from active duty on 26 August 2012. He completed 4 years of active duty service and attained the rank of sergeant, pay grade E-5.
4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was transferred to Troop C, 3rd Battalion, 124th Cavalry Rear, located in Terrell, Texas.
5. A DD Form 4/1 and 4/2, as corrected on 13 September 2012, show the applicant enlisted in the TXARNG on 27 August 2012 for a period of 3 years,
6 months, and 24 days beginning in the rank of sergeant, pay grade E-5. The document indicates an Annex A was completed to show additional details pertaining to this enlistment/reenlistment. That Annex is not available for review.
6. In the processing of this case, an advisory opinion was obtained from the Enlisted Accessions Division, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1 (Personnel Officer). The opinion recommended denial of the applicant's request because he had not provided any copy of his ARNG bonus addendum, or any other documentary proof of his completing a contract authorizing him the $20,000.00 he is seeking in this application.
7. On 26 March 2014, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he is authorized an additional $20,000.00 enlistment bonus for joining the ARNG.
2. The available evidence shows that the applicant served a period of 4 years in the Regular Army and immediately transferred to the TXARNG. Unfortunately, there is no available evidence of record, and the applicant has not provided any to show he contracted for an enlistment bonus when he entered the TXARNG in august 2012.
3. Furthermore, he failed to response to the advisory opinion by providing additional documentation or explanation as to why he could not show such proof.
4. In view of the above, the applicant's request should be denied.
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) AR20130022245
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ABCMR Record of Proceedings (cont) AR20130022245
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