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ARMY | BCMR | CY2013 | 20130022263
Original file (20130022263.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20130022263 


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 records to show that he qualifies for an enlistment bonus under the Selected Reserve Incentive Program (SRIP).

2.  The applicant states:

* On 16 October 2011, he reenlisted for a term of 3 years
* The DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was signed on 16 October 2011 and the terms of the contract included a $3,000.00 bonus
* The promised bonus was denied for various reasons that are of no fault of his own
* He was told his expiration term of service date was not correct in "SIDPERS and GIMS," and that the unit executed an extension without requesting a bonus control number (BCN) in "iMARC"
* He was told the unit executed a reenlistment bonus addendum using an outdated form and the unit initialed a 3-year $3,000.00 section of the invalid/obsolete addendum
* He was told the unit placed his name as the service representative and then crossed it out and replaced it with the name of another Soldier
* He was told that a BCN was not listed at all

3.  The applicant provides:

* Email between himself and Army officials
* DA Form 4836, dated 16 October 2011
* DA Form 4836, dated 26 May 2011
* DA Form 4836, dated 22 August 2009
* Memorandum for Record, dated 22 August 2009
* Request for Exception to Policy (ETP) for a Reenlistment/Extension Bonus (REB), dated 4 October 2013
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836, REB Addendum, Army National Guard (ARNG) of the United States)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Florida Army National Guard (FLARNG) for 6 years on 30 November 2004.  He extended his enlistment for 6 months on 22 August 2009.  He extended his enlistment for 1 year on 26 May 2011.

2.  On 16 October 2011, the applicant extended his enlistment for 3 years.  At the time of his extension an NGB Form 600-7-3-R-E was completed which states that upon his reenlistment or extension in the ARNG of the United States, he may be eligible to receive an REB under the SRIP if he met certain criteria listed on the form.  

3.  The applicant initialed the NGB Form 600-7-3-R-E acknowledging that he was extending his enlistment for 3 years to receive a total bonus payment of $3,000.00.  He acknowledged that he was extending in a valid vacant position and he was not coded as excess in the unit.  The bonus was to be paid in a lump sum and the payment was to be processed for payment the day after his then current expiration term of service.

4.  On 4 October 2014, the Deputy G-1, ARNG notified the FLARNG State Incentive Manager that a request for an ETP pertaining to the applicant's REB under the SRIP for Fiscal Year 2011 was denied.  The Deputy G-1, ARNG stated "An ETP to retain the $5,000.00 [sic] REB for the discrepancy(ies) listed below is denied.  The State Incentive Manager (IM) will terminate without recoupment."  The Deputy G-1, ARNG cited the following as a basis for denial of the request:

* The applicant's contract/bonus addendum is obsolete which violates ARNG SRIP FY11 Decentralized State Incentive Pilot Program (DSIPP)
* The applicant's contract/bonus addendum has unauthorized pen and ink changes which violates ARNG SRIP FY 11 (DSIPP)
* The applicant’s BCN was requested after the date of reenlistment/extension which violates ARNG SRIP FY11 (DSIPP)
* The extension documents do not annotate that an incentive was offered in connection with the extension
5.  National Guard Regulation 600-7 (SRIP) and various policy memoranda govern the administration of the ARNG SRIP.  The purpose of the program is to assist ARNG leadership in meeting personnel readiness requirements by targeting personnel strength and readiness issues.  Critical shortages identified through Unit Status Reports are used to focus the incentive program to specific units and military occupational specialties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant signed a bonus addendum to his DA Form 4836 in which he agreed to extend his enlistment for 3 years.  It appears that he is now being denied his REB due to errors and omissions made on his NGB Form 600-7-3-R-E and his DA Form 4836, which were beyond his control. 

3.  It is clear that the applicant believed that he would receive a $3,000.00 REB for extending his enlistment for 3 years.  It would be an injustice to withhold payment of his REB due to errors and omissions made by others.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.  

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 Army National Guard records of the individual concerned be corrected by:

	a.  Amending his DA Form 4836, dated 16 October 2011 to show he was extending his enlistment for 3 years with a $3,000.00 REB incentive and that he and all required officials properly signed the form.

	b.  Showing he received a valid BCN upon extending on 16 October 2011.

	c.  Showing he is eligible for payment of the REB in accordance with the terms of ARNG SRIP FY 11 (DSIPP) and as a result of this correction.

	d.  Paying him the REB, out of Army National Guard funds, as specified in his NGB Form 600-7-3-R-E.



      _______ _   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)                                         AR20130022263



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ABCMR Record of Proceedings (cont)                                         AR20130022263



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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