BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20130022385 


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 that a Reenlistment/Extension Bonus (REB) Addendum be added to his record.  

2.  He states he was fully eligible for and signed an REB Addendum, but the California Army National Guard (CAARNG) failed to file the document in his Official Military Personnel File maintained in the integrated Personnel Electronic Records Management System (iPERMS).  On 10 April 2005, he reenlisted in the CAARNG, and he was informed he was eligible for an enlistment bonus.  He chose to accept a $15,000 bonus for a 6-year extension of his enlistment.  He fulfilled his obligation and continues to serve in good standing.  His extension was filed correctly in iPERMS, but the REB Addendum was not filed.  When he was deployed with his unit, he held military occupational specialty (MOS) 88M (Motor Transport Operator), and it was outside of his responsibilities to ensure all necessary paperwork was filed correctly.  For reasons beyond his control, not all of the proper documents were submitted.  He was unaware that the REB Addendum was not in his record in iPERMS until he received a letter stating the CAARNG was going to recoup the bonus from him if he could not produce the document.  He has searched his personal records unsuccessfully for the REB Addendum.  He signed all required documents in good faith. 

3.  He provides:

* Defense Finance and Accounting Service Military Leave and Earnings Statement
* memorandum, subject:  Request for Documentation Supporting Your Incentive(s)
* Incentives Task Force Bonus Audit Form
* printouts of pages from the Information Management and Reporting Center (iMARC) and Defense Manpower Data Center
* ARNG Retirement Points History Statement
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* orders 
* two pages from National Guard Bureau (NGB) Policy Number 05-02

CONSIDERATION OF EVIDENCE:

1.  On 11 January 1991, the applicant enlisted in the CAARNG.  He continued his service through extensions, and he is currently serving in the CAARNG as a staff sergeant/E-6.  

2.  Effective 13 August 2004, he was awarded primary MOS 88M.  

3.  On 10 April 2005, while deployed in support of Operation Iraqi Freedom, he extended his enlistment for 6 years.  The DA Form 4836 completed at that time shows he acknowledged he had been counseled on all Selected Reserve Incentive Program (SRIP) and GI Bill benefits, and he acknowledged he was eligible for and accepted a $15,000.00 REB.  The form shows a bonus control number (BCN) was assigned.  

4.  His record in iPERMS does not contain an REB Addendum specifying the conditions he had to meet to receive and retain his $15,000.00 REB.  

5.  He provides the following:

	a.  Printouts of pages from iMARC show he was paid his $15,000.00 REB in two installments of $7,500.00.  These pages show the same BCN as that shown on his DA Form 4836 and show that his REB had been validated and had passed verification.  

	b.  An Incentives Task Force Bonus Audit Form, dated 2 April 2013, shows a review of his record found he was "no go" for an REB due to the absence of a bonus addendum in iPERMS.  The auditor noted that he was MOS qualified (MOSQ) in MOS 88M when he extended his enlistment and had received two $7,500.00 payments in January 2006.  The auditor also noted the applicant was a Military Technician (MilTech).  The auditor found he was subject to full recoupment, and a senior reviewer concurred.  

	c.  A memorandum, subject:  Request for Documentation Support Your Incentive(s), dated 6 May 2013, shows he was notified that an audit of his bonus showed a discrepancy and that he was subject to recoupment of his REB in the amount of $15,000.  He was advised that he had 30 days to submit the required supporting documentation or request an exception to policy.

6.  On 7 February 2014, during the processing of this case, the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion.  The advisory official recommended the applicant be granted relief to retain any bonus payments he had received and that any debt incurred based on such bonus payments be cancelled.  He stated:

* review of the applicant's record showed he extended his ARNG enlistment on 10 April 2005 for 6 years in MOS 88M for an REB of $15,000.00
* the applicant served the full term of his extended contract and his MOS appeared on the 2005 Selected Reserve Incentive Program (SRIP) list

7.  The applicant was provided a copy of the advisory opinion for his review and comment.  He did not respond within the time allotted.

8.  Army Regulation 135-7 (Incentive Programs) provides that an REB may be awarded to a Selected Reserve Soldier who meets all immediate reenlistment or extension eligibility criteria and is reenlisting or extending for a valid position vacancy in a designated unit or MOS authorized for award of an immediate REB.

9.  NGB Policy Number 05-02 established policy for the ARNG SRIP for the period 14 December 2004 through 30 September 2005.  It stated:

	a.  Soldiers would be eligible for the REB if they met the following qualifications:

* reenlist/extend for 3 or 6 years
* reenlist or extend in an Modification Table of Organization and Equipment unit
* Soldier must have not more than 16 years at expiration term of service
* Soldier must be MOSQ for the position for which re-enlisting or extending
* must be in a valid vacant position
* may receive multiple reenlistment/extension bonuses during their career
* must not be Active Guard Reserve (AGR) or a MilTech

	b. The 6-year re-enlistment or extension bonus was $15,000.00 payable in a lump sum effective upon re-enlistment or extension.

10.  Change 1 to NGB Policy Number 05-02, dated 14 January 2005, authorized deployed AGR and MilTech Soldiers to participate in SRIP incentives provided they reenlisted/extended while deployed/mobilized.  The memorandum noted that the proper annexes were to be attached to the enlistment or extension packet.  

DISCUSSION AND CONCLUSIONS:

A review of the evidence shows that the absence of an REB Addendum is the only basis for recouping the applicant's $15,000.00 REB.  He was fully qualified for the REB under the SRIP policy in effect when he extended his enlistment while deployed in 2005 and he was issued a BCN.  It would be appropriate to correct his record by adding an appropriate REB Addendum dated 10 April 2005.  As a result of this correction, any action to recoup his REB should be cancelled and he should be repaid any monies already recouped, if any.  

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 Army National Guard records of the individual concerned be corrected by showing an appropriate REB Addendum dated 







10 April 2005 was prepared and added to his records.  As a result of this correction, any action to recoup his REB should be cancelled and he should be repaid any monies already recouped, out of Army National Guard funds, if any.  



      _______ _  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)                                         AR20130022385





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ABCMR Record of Proceedings (cont)                                         AR20130022385



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