IN THE CASE OF:	

		BOARD DATE:	    7 October 2014

		DOCKET NUMBER:  AR20140002439 


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, 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.   

2.  She states the service representative's signature on her bonus addendum was undated, which was an administrative error.  Also, the addendum was signed after the date she extended her enlistment because the unit administrator gave her the documents on different days.  A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was completed correctly.

3.  She provides:

* memorandum, subject:  Request for Exception to Policy (ETP) for Reenlistment/Extension Bonus (REB) [Applicant]
* DA Form 4836
* NGB Form 600-7-1-R-E 

CONSIDERATION OF EVIDENCE:

1.  On 16 March 2007, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 6 years.  After completing initial entry training, she was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  Review of her record shows she continues to serve in this MOS as a specialist/pay grade E-4.  
2.  A DA Form 4836, dated 15 March 2012, shows she extended her enlistment for 6 years.  She extended her enlistment 365 days prior to her original expiration term of service (ETS) of 15 March 2013.  

3.  Her records include an NGB Form 600-7-1-R-E, dated 15 March 2012, showing she agreed to the terms required for receipt of a $10,000.00 non-prior service critical skill incentive.  The form was signed by the applicant, a service representative, and a witnessing officer.  The service representative's signature is not dated and the space provided for a bonus control number (BCN) is blank.  

4.  She provides a copy of the same NGB Form 600-7-1-R-E on which the service representative's signature is dated 15 March 2012.  

5.  In a memorandum, subject:  Request for ETP for REB [Applicant], dated 15 November 2013, the Deputy G-1, ARNG, NGB, notified the PRARNG State Incentive Manager that a request for an ETP allowing the applicant to retain a $10,000 REB was denied.  The State Incentive Manager was to terminate the incentive without recoupment since no payments had been made.  The Deputy G-1 stated:

* the service representative's signature on the applicant's bonus addendum was not dated in violation of ARNG Selected Reserve Incentive Program (SRIP) policy for Fiscal Year (FY) 2011
* a BCN was requested after the date of extension in violation of ARNG SRIP policy for FY 2011

6.  ARNG SRIP policy for FY 2011 remained in effect through 24 July 2012.  It states:

	a.  An incentive addendum would not be valid if signed after the execution date of a DA Form 4836 and if it was not signed and dated by an enlisting/witnessing official and a service representative at the time the document is executed.  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.

	b.  An incentive addendum must have an approved automated control number issued on or before the date of the service agreement.  State/NGB officials were required to use the Information Management and Reporting Center (iMARC)/Guard Incentive Management System (GIMS) to request the BCN and, once approved, were to utilize an iMARC/GIMS generated addendum only.  The BCN was valid only for the incentive addendum for which requested, approved, and printed out of iMARC/GIMS.  Reenlistment/extension addendums manually completed outside of iMARC/GIMS were not valid for repayment.

	c.  Basic SRIP eligibility criteria authorized an incentive for enlisted Soldiers reenlisting or extending in an MOS regardless of the fill rate at the state or national level.  Only the primary holder of a valid position was eligible.

	d.  Duty MOS qualified Soldiers in pay grade E-7 or below who would not have more than 10 years of time in service upon reaching their current ETS and who extended their enlistments for 6 years within 365 to 271 days before their current ETS were eligible for a $10,000.00 REB paid in three installments (50 percent processed upon contract start date, 25 percent processed on the 3-year anniversary of the reenlistment/extension start date, and 25 percent processed on the 5-year anniversary of the reenlistment/extension start date).  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was eligible for a $10,000.00 REB when she extended her enlistment on 11 March 2012.  Unfortunately, significant errors have prevented payment of the REB.  

2.  The primary error in her case was the use of the wrong addendum.  NGB Form 600-7-1-R-E applies to non-prior service enlistment bonuses.  She could not properly agree to the terms listed on this form because she was not non-prior service.  Even if this form had been properly completed, it would not have been a basis for paying the REB.

3.  The applicant should not be expected to understand all of the administrative requirements for receipt of the REB.  While she bears some responsibility for having signed a form that clearly was not applicable to her situation, the fact that a service representative and a witnessing officer also signed the form indicates she may have received extraordinarily poor support from those she would have trusted to ensure her paperwork was properly completed.  

4.  Considering that she was otherwise eligible to contract for an REB, it would be appropriate to correct her record by assigning a BCN, adding an appropriate REB Addendum dated 15 March 2013 to her record, and paying her the REB in accordance with the terms of the addendum.   





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 assigning a BCN, showing an appropriate REB Addendum dated 15 March 2013 was prepared and added to her records, and paying her the REB in accordance with the addendum out of Army National Guard.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of an NGB Form 600-7-1-R-E, dated 15 March 2012.



      _______ _   __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)                                         AR20140002439





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ABCMR Record of Proceedings (cont)                                         AR20140002439



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