BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20140004426 


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 he is entitled to receipt of a Reenlistment/Extension Bonus (REB).

2.  The applicant states:

	a.  The National Guard Bureau (NGB) is recommending termination of his REB because the signature date on the bonus addendum is not the same date as the date on the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment).  He would like the DA Form 4836 to be dated the same date as the bonus addendum.

	b.  On 9 September 2011, he signed a DA Form 4836 for a 6-year extension. This was a scheduled drill weekend for his unit.  The bonus addendum was supposed to arrive that day from the State Education Office to the unit for his signature.  He signed the bonus addendum on 20 October 2011 which was the next drill weekend.  He requests reinstatement of his bonus based on a technicality that was no fault of his own.  The unit should have shredded the DA Form 4836 when the bonus addendum was not provided and created a new DA Form 4836 on the same day he signed the bonus paperwork.

3.  The applicant provides copies of his DA Form 4836, Annex R (REB Addendum), two DA Forms 2823 (Sworn Statement), and three requests for an exception to policy (ETP).


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delaware Army National Guard (DEARNG) on 2 August 2006.

2.  His DA Form 4836, dated 9 September 2011, shows he extended his enlistment in the DEARNG for 6 years.

3.  His Annex R which shows he was qualified for a bonus.  This form shows he acknowledged all items in Section V (Termination) with his initials.  Section V, item 3a, states, "I may be terminated from incentive eligibility with recoupment if my incentive addendum was signed before or after the execution date of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 and I received payment erroneously."  This addendum was signed by him and State officials on 20 October 2011.

4.  A DA Form 2823, dated 12 October 2013, shows he stated he agreed on a 
6-year reenlistment with the DEARNG contingent on a $10,000.00 signing bonus in the fall of 2011.  He was instructed by his unit as to what paperwork needed to be signed.  He followed their instructions and signed all the documents he thought were needed to properly process the reenlistment and bonus.  He did not find out the paperwork was not processed correctly until March 2013.

5.  A DA Form 2823 from the Training Noncommissioned Officer (NCO) for Company A, 198th Expeditionary Signal Battalion, dated 29 October 2013, stated:

		(1)  During the time the applicant was a Soldier in that company, the applicant was inside of 365 days of his reenlistment window and he wanted to reenlist for 6 years contingent on a bonus.  The applicant initially wanted to reenlist for 6 years for a $15,000.00 bonus, but when they went to process his bonus they learned they could only offer him 6 years for $10,000.00.  During the September drill they tried to secure a bonus addendum on 9 September 2011 and were unable to do so by the end of the day.  The contract signed on that date was supposed to be destroyed and become null and void due to their inability to produce the bonus addendum entitling the applicant to the bonus as agreed.

		(2)  After the September 2011 drill, he was transferred to Company C and he was unable to complete processing of the applicant's extension of enlistment. 
On 20 October 2011, a bonus addendum was secured for the applicant and a new oath of extension was supposed to be produced and signed with the matching date.  Through the transition and "hands off" process, matching reenlistment paperwork was never produced.  The full time staff for the company processed the paperwork with the original reenlistment paperwork that should have been null and void and destroyed.  The applicant was never briefed or informed that both items needed to have a matching date and would not have known to verify that his paperwork was completed correctly.

6.  Two requests for an ETP, dated 18 September and 26 October 2012, show the applicant's intermediate and senior commanders requested an ETP for the applicant to receive the REB.

7.  A request for an ETP, dated 5 March 2013, shows the NGB Deputy G-1 to the DEARNG denied the ETP because the applicant's incentive addendum was signed after the reenlistment bonus which violated the ARNG Selection Reserve Incentive Program (SRIP) for Fiscal Year 2011.  The State Incentive Manager would terminate the incentive without recoupment.  The applicant could file a claim with the Army Board for Correction of Military Records if there was belief that an error or injustice still existed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a DA Form 4836 on 9 September 2011 extending his enlistment in the DEARNG for 6 years.  On 20 October 2011, he executed an Annex R for a $10,000.00 REB.  The addendum shows he acknowledged he understood the incentive would be terminated with recoupment if the incentive addendum was signed before or after the execution date of his DA Form 4836.

2.  On 5 March 2013, NGB denied an ETP for him to retain the incentive because his incentive addendum was signed after the reenlistment documents which violated the ARNG SRIP for Fiscal Year 2011.

3.  The evidence shows he met all eligibility requirements for a bonus; however, his unit was unable to secure a bonus addendum at the time of his reenlistment on 9 September 2011.  The Training NCO stated the contract signed by the applicant on that date was supposed to be destroyed and become null and void due to the unit's inability to produce the bonus addendum entitling the applicant to the bonus as agreed.  This administrative error caused the termination of the bonus with recoupment.

4.  The evidence shows the applicant signed his enlistment contract in good faith and he was not made aware of the error at the time.  As such, he should not be penalized for the administrative errors committed by ARNG State officials or denied the full payment of his REB.  In view of the foregoing, the applicant's record 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 the evidence presented is sufficient to warrant a recommendation for 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 the applicant signed Annex R (REB Addendum) on the same date he executed his 6-year extension (9 September 2011)
* showing the State Incentives Manager timely assigned a bonus control number and processed the bonus addendum
* paying him remainder of his bonus as a result of this correction out of ARNG funds



      __________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)                                         AR20140004426



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ABCMR Record of Proceedings (cont)                                         AR20140004426



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