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* He was told the unit executed a reenlistment bonus addendum using an outdated form and the unit initialed a 3-year $3,000.00 section of the invalid/obsolete addendum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 applicants 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130022263
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150006247
He provided a memorandum from his TNARNG troop commander, dated 10 January 2015, requesting an ETP for the REB on behalf of the applicant which states: * the applicant extended in the TNARNG on 4 December 2010 and received an REB in the amount of $2,500.00 * he met the criteria for the bonus and received a BCN * the BCN supports that he had met all the criteria to be eligible for the ETP REB * the applicant signed the DA Form 4836 and bonus addendum on 4 December 2010 * he was eligible and...
ARMY | BCMR | CY2014 | 20140006005
He stated: * he reenlisted in the PRARNG on 6 May 2012 with a reenlistment bonus * his bonus addendum was missing the representative's signature * he met all requirements for bonus incentive at the time he submitted the reenlistment bonus addendum * his supporting documents were turned in on time * he didn't know if his documentation had any administrative errors and the errors were not made intentionally 6. The official denied the request for an ETP based on the following discrepancies and...
ARMY | BCMR | CY2014 | 20140002439
The applicant requests, in effect, correction of her record to show a National Guard Bureau (NGB) Form 600-7-1-R-E (Non-prior Service Enlistment Bonus Addendum Army National Guard of the United States) was properly completed when she extended her enlistment on 15 March 2012. The incentive addendum will state the terms and conditions of the incentive and must include the Soldier's, enlisting official's, and service representative's names, signatures, and date. The evidence of record shows...
ARMY | BCMR | CY2015 | 20150002261
The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * National Guard Bureau (NGB) Form 600-7-3-R-E (REB Bonus Addendum) * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * Louisiana Army National Guard (LAARNG) Orders 322-722, dated 18 November 2009 * LAARNG Orders 345-401, dated 11 December 2009 * Camp Shelby Joint Forces Training Center, Camp Shelby, MS, Orders CS-074-0390, dated 15 March 2010 * workflow status document *...
ARMY | BCMR | CY2014 | 20140021348
The applicant requests, in effect, correction of his record to show approval of an exception to policy (ETP) to retain the $10,000 Reenlistment/Extension Bonus (REB) for which he extended 6 years. The applicant states, in effect: * he extended his enlistment contract by 6 years on 1 June 2012 while deployed in Afghanistan * although he was given a bonus control number (BCN) on 1 June 2012, he did not sign the bonus addendum on 1 June 2012; this was because there were pressing matters that...
ARMY | BCMR | CY2013 | 20130019349
The applicant requests, in effect, correction of his record to show a request for an exception to policy (ETP) was approved, allowing him to receive a $10,000.00 Reenlistment/Extension Bonus (REB). On 5 March 2013, the Deputy G-1, ARNG, NGB, signed a memorandum denying a request for an ETP allowing the applicant to retain the $10,000.00 REB and directing the State Incentive Manager to terminate the REB with recoupment. The applicant provides: a. a sworn statement, dated 18 October 2013, in...
ARMY | BCMR | CY2012 | 20120013251
The applicant's military record shows he enlisted in the Tennessee Army National Guard (TNARNG) on 26 January 1991. d. Section VIII (Authentication) shows the applicant and an enlisting official signed and dated the contract on 11 June 2010. The evidence of record shows the applicant completed a DA Form 4836 on 10 June 2010 executing a 6-year extension of his enlistment in the TNARNG.
ARMY | BCMR | CY2013 | 20130019036
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. 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. There is no evidence of record and he provided insufficient...
ARMY | BCMR | CY2013 | 20130012104
c. Paragraph 7 governs the transfer orders for Soldiers who are accepted in the SWVA and nowhere does it state what the Assign/loss reason should be is accordance with the subsequent SIDPERS entry. He believes being coded an (IL) Individual Request for the SWVA process violates the intention of the policy to fill vacancies unable to be filled by the enlisted promotion policy. c. Section V (Termination): (1) paragraph 1, in part, states "Incentives will not be terminated for the following...
ARMY | BCMR | CY2014 | 20140011483
The applicant's OMPF and ARNG record contains enlistment/reenlistment/ extension documents which indicate the following: a. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 16 October 2008, shows he extended his 17 December 2005 enlistment for 1 year making his new expiration term of service (ETS) date 16 December 2009. b. A Guard Incentive Management System computer print-out that includes the following information which shows a contract was executed authorizing the...