BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140003229 


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 payment of the correct amount of his reenlistment bonus, $15,000, in the Florida Army National Guard (FLARNG).

2.  The applicant states he was promised a $15,000 bonus but he was only paid $5,000.  He was given the lame excuse that a second officer was supposed to sign the paperwork but he didn't.  

3.  The applicant provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Annex R to DA Form 4836 (Reenlistment/Extension Bonus Addendum - ARNG)

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the ARNG, the applicant enlisted in the FLARNG for 1 year on 19 January 2007.  His expiration of term of service (ETS) date was established as 16 January 2008. 

2.  He held the rank/grade of sergeant/E-5 and he was assigned to Company F, 53rd Support Battalion in military occupational specialty (MOS) 92F (Petroleum Supply Specialist). 

3.  On 3 January 2008, he executed a 1-year extension in the FLARNG, to be effective on 18 January 2008.  His new ETS was established as 18 January 2009. 

4.  It is unclear what his status was upon his ETS on 18 January 2009.  There is no reenlistment or extension contract before or on that date.  Likewise, there are no separation/discharge orders on or before that date.  

5.  On 20 May 2009, he executed a 6-year extension of his enlistment in the FLARNG.  The DA Form 4836 shows the date "22 May 2009" in item 5 (Date) and the date his commander signed it; however, it shows the applicant signed it on 20 May 2009. 

6.  On 21 May 2009, he executed a Reenlistment/Extension Bonus Addendum.  He indicated he/he is: 

* executing a 6-year reenlistment or extension in a critical unit identification code (UIC) and/or critical skill
* would receive a total bonus payment in the amount of $15,000 less taxes for a 6-year extension or reenlistment in the National Guard Bureau (NGB)-approved critical UIC/skill of "WPWZF0/92F" (Company F, 43rd Support Battalion)
* extending in a valid, vacant position and he is MOS qualified for the position as of the date of extension
* his bonus would be paid in one lump sum payment, processed on the date his reenlistment or extension contract takes effect (one day after ETS)

7.  This addendum was signed by him and a service representative.  However, it is not assigned a Bonus Control Number.  He received an initial payment of $5,000 on 15 June 2009. 

8.  He was promoted to staff sergeant/E-6 on 21 July 2009 and he was awarded MOS 92F3O on that date.  

9.  He entered active duty on 2 January 2010 and served in Kuwait from 3 March 2010 to 12 December 2010.  He was reduced to sergeant/E-5 on 2 October 2010.  He was honorably released from active duty on 5 January 2011. 

10.  An advisory opinion was received from the NGB on 13 November 2014 in the processing of this case.  An advisory official recommended partial relief and stated: 

	a.  The applicant extended his enlistment in the FLARNG for 6 years on 22 May 2009.  His contract addendum indicated a $15,000 reenlistment bonus.  The following issued resulted in him receiving only $5,000:

		(1)  The ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007 through 30 September 2009, Policy 07-06 was updated on 15 March 2010.  Paragraph 8c(2) states a 6-year extension receives a $5,000 bonus.  However, this update occurred after his reenlistment and could not have been followed at the time his contract was completed.  SRIP 07-06, dated 17 February 2008, was the guidance in effect at the time of the contract.  SRIP 07-06, paragraph 8b(2) states a 6-year extension receives a $10,000 bonus. 

		(2)  An outdated addendum was used by the FLARNG.  The amount of the bonus was no longer $15,000 as the addendum indicated.  

		(3)  The bonus addendum was signed by the applicant and enlisting official on 21 May 2009; this is 4 months after the applicant's ETS. 

		(4)  The contract addendum does not have a Bonus Control Number.  This Bonus Control Number is missing from the contract, which is something outside his control.  It was not his responsibility to receive this control number.  

	b.  The NGB suspended this type of bonus, effective 22 May 2009, in Memorandum 09-039, Subject: Change to ARNG SRIP, dated 15 May 2009.  The applicant signed his contract addendum on 21 May 2009, one day prior to the suspension of this type of bonus.  He signed the DA Form 4836 on 20 May 2009 but the typed dates show 22 May 2009.  

	c.  The FLARNG submitted an exception to policy request to the NGB but the request was denied.  

	d.  Based on the SRIP guidance in effect at the time of his reenlistment, he should be eligible for a total of $10,000; $5,000 of which has already been received.  The FLARNG concurs with this advisory opinion. 

10.  The applicant was provided with a copy of this advisory opinion but he did not respond. 





DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a bonus addendum for the critical skill of 92F.  He agreed to serve for 6 years in exchange for a $15,000 bonus.  He received an initial payment of $5,000 in June 2009.  Unfortunately, his contract contained several administrative errors: the addendum itself was obsolete, the addendum was signed after the extension, and a Bonus Control Number was not requested. 

2.  Additionally, the applicant's ETS date was 17 January 2009.  The addendum was signed on 20 and 22 May 2009, some 4 months after he was presumably separated.  Under SRIP guidance, retroactive payments of an incentive are not generally authorized.  

3.  Nonetheless, several of these errors were not his fault and could have been alleviated had his chain of command and his retention specialists exercised due diligence and performed their responsibilities to standards.  He should not be penalized for other people's errors.  

4.  When he extended in May 2009, the $15,000 incentive was no longer offered; the $10,000 incentive was in effect.  Since he already received an initial payment of $5,000, as a matter of equity he should be entitled to payment of another $5,000, in accordance with his incentive 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 State ARNG records of the individual concerned be corrected by:



* showing he executed and signed, and all required officials signed, the extension contract and bonus addendum on 21 May 2009, for a $10,000 extension/reenlistment bonus
* showing that NGB timely received and processed his extension and assigned an appropriate Bonus Control Number
* paying him the remaining $5,000 portion of the bonus from ARNG funds

2.  The Board further determined that the evidence presented was 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 paying him $15,000. 



      _______ _ 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)                                         AR20140003229





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ABCMR Record of Proceedings (cont)                                         AR20140003229



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