IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20140006005 


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, an exception to policy (ETP) to retain his Reenlistment/Extension Student Loan Repayment Program (SLRP) by correcting Section 8 (Authority and Reason for this Exception) of his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) to show Table 1, Rule B instead of Table 1, Rule A.

2.  He states:

	a.  his contract was initialed when the new Guard Incentive Management System (GIMS) Program started.

	b.  his Unit Administrator didn't know the proper procedures at that time.

	c.  the multiple errors on the incentive addendum were the result of the Recruiter and Retention Noncommissioned Officer (NCO)'s errors when they let him sign the contract.

	d.  the bonus agreement and supporting documents were returned on time.

	e.  he had no knowledge that his documentation had any administrative errors due to personnel administration, but the errors were not intentional.



3.  He provides:

* memorandum, subject:  Request Exception to Policy (ETP) for Selected Reserve Incentive Program (SRIP)
* memorandum, subject:  Request for ETP for Specialist (SPC) [applicant's name and social security number (SSN)] from Puerto Rico Army National Guard (PRARNG)
* memorandum, subject:  Request for ETP for Reenlistment/Extension Bonus (REB) (SPC [applicant's name and SSN]) from National Guard Bureau (NGB) 
* DA Form 4836 in question
* NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836)

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in the PRARNG in the rank of SPC/E-4.

2.  The applicant enlisted in the PRARNG on 5 December 2006 for a period of 6 years.  On 1 August 2007, he was ordered to active duty for training (ADT) and at the completion of ADT on 12 December 2007, he was awarded military occupational specialty (MOS) 92G (Food Service Operations).

3.  On 6 May 2012, he submitted a DA Form 4836 for extension of his 5 December 2006 enlistment for a period of 3 years.  He listed his current expiration of term of service (ETS) as 4 December 2012.  His new ETS was established as 4 December 2015.  His DA Form 4836 indicates he understood he was eligible for a bonus.  Section 8 of his DA Form 4836 indicates the authority and reason for this extension as "Table 1, Rule A."

4.  He provided a copy of his NGB Form 600-7-3-R-E, dated 6 May 2012, which shows in:

	a.  Section II (Eligibility): 

   (1)  paragraph 3, line a, he acknowledged he was reenlisting or voluntarily 
extending his enlistment for a period of 3 or 6 years.   

   (2)  paragraph 3, line b, he acknowledged he was duty MOS qualified 
(DMOSQ) and must be the primary position holder in an authorized military grade and skill qualification commensurate with the position for which he was reenlisting/extending.  He was reenlisting into the ARNG MOS of 92G.
   
   b.  Section III (Incentive Amount and Payments):  
   
   (1)  paragraph 1, line a - 1 REB Deployed Outside the Continental United 
States (OCONUS) (3 years), he acknowledged that he was reenlisting/extending for 3 years to receive a total bonus payment of $3,000.  He certified he was reenlisting/extending in a valid, vacant position and he was not coded as excess to the unit.  The bonus would be paid in a lump sum.  The payment would be processed for payment the day after his current ETS.

		(2)  paragraph 1, line b - REB Deployed OCONUS (6 years), he acknowledged he was enlisting/extending for 6-years to receive a total bonus payment of $10,000…"

		(3)  paragraph 1, line c - REB Non-Mobilized (6 years), he acknowledged he was reenlisting/extending for 6-years to receive a total bonus payment of $10,000…"

		(4)  paragraph 2, he acknowledged he understood that he would not receive a payment if he did not meet all eligibility requirements on the day the reenlistment/extension took effect.  The reenlistment/extension would be verified by the State Incentive Manager prior to any payment being processed.  

   c.  Section X (Authentication) shows the entry:

		(1)  "I understand that at time of signature, an Information Management and Reporting Center (IMARC) Bonus Control Number (BCN) has been verified, approved and recorded on this Incentive addendum by the State Incentive Manager.  I also understand that the Incentive I am contracting for is invalid without this BCN recorded on this form, on this date, and I will be held to the terms of service of this agreement.  Exceptions to Policy are ONLY authorized per the current SRIP [Selective Reserve Incentive Program] guidance.  No other promises, representation, or commitment have been made in connection with this enlistment incentive."  

		(2)  In connection with this extension he, his Service Representative, and Witnessing Officer signed Annex R to the DA Form 4836 on the same date (6 May 2012).

		(3)  The IMARC BCN is not indicated.  

5.  On 12 “March” 2012 (i.e., May), he submitted a request for an ETP for SRIP payment.  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.  A review of his personnel records in the Interactive Personnel Electronic Records Management System (iPERMS) failed to reveal a copy of his NGB Form 600-7-3-R-E, dated 6 May 2012, was filed in his U.S. Army Military Human Resource Record (AMHRR).  Two DA Forms 4836, both dated 6 May 2012, were filed in the service folder of his AMHRR.

7.  In a 21 April 2013 memorandum, Lieutenant Colonel ZL, G-1, PRARNG strongly recommended an ETP be granted to the applicant because he completed all requirements for bonus approval.  The official stated:

	a.  the applicant reenlisted as a 92G in Unit Identification Code (UIC): WY0BAA.

   b.  the applicant has two Bonus addenda uploaded into the system.  The first bonus addendum is missing the Service Representative's typed name, rank, date, and signature and also is missing the Soldier's contracted unit and address, and Witnessing Officer date.  The second bonus addendum was corrected and uploaded into the system with no administrative errors and was dated 6 May 2012.  
   
   c.  the applicant also has two DD Forms 4836 in the system, the first is dated 6 May 2012 and the second is dated 18 May 2012.  Both forms show Table 1, Rule A instead of Rule B.  
   
   d.  their Soldiers undergo a counseling process where they are interviewed regarding if they had any kind of bonus.  Their unit then promotes them and submits, in a timely manner, their DA Form 4836 and/or addenda.  The PRARNG is part of the pilot incentive program that ensures the best use and administration of bonuses and ensures that such situations should not occur.  
   
   e.  the applicant is requesting an ETP because the error in the documentation was not intentional.

8.  In a 13 January 2014 memorandum from the NGB, the PRARNG State Incentive Manager was informed the request for an ETP for the applicant to retain the $7,500 REB was denied.  The State Incentive Manager will terminate the incentive with recoupment.  The official denied the request for an ETP based on the following discrepancies and violations of ARNG SRIP Fiscal Year (FY) 2011:  

	a.  the applicant's contact/bonus addendum was signed after the reenlistment/extension documents;

	b.  the applicant's bonus addendum is missing a signature from the Service representative and signature date from the enlisting official;

	c.  the applicant's BCN was requested after the date of reenlistment/extension;

	d.  the applicant had multiple contract/bonus addenda and extension documents; and 

	e.  the applicant erroneously selected multiple options on the incentive addendum.

9.  On 28 April 2014, a staff member emailed the SRIP ETP Manager at the NGB to inquire about the correct amount of the applicant's REB.  The staff member explained that the memorandum, dated 13 January 2014, cited "$7,500 REB"; but the NGB Form 600-7-3-R-E, dated 6 May 2012, does not indicate this amount.  In response, the SRIP ETP Manager stated she didn't have an addendum which shows $7,500 and that it could be the wrong incentive being requested.  On the same date, the SRIP ETP Manager provided a screen shot of the applicant's record in GIMS.  This document indicates the applicant's REB contract/bonus addendum wasn't entered into the ARNG system (GIMS) until 18 May 2012 and it was validated and approved on 31 May 2012.  The screen shot also included entries "RE" indicating contract type of REB and "7500" indicating the rate amount of the contract.  His service record is void of a bonus contract for $7,500.

10.  National Guard Regulation (NGR) 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 3-4, provides that a person is eligible for an REB if he or she meets the following requirements:

* has completed less than 14 years of total military service creditable for pay
* is within 3 months of, or 24 hours after ETS of the current ARNG enlistment, reenlistment, or extension contract
* meets the eligibility criteria in NGR 600-200 (Enlisted Personnel Management), chapter 7, for immediate reenlistment or extension of enlistment
* is qualified in and awarded the MOS for his/her position in a valid MTOE position in a bonus unit at the time of the reenlistment or extension 
* has not received a previous reenlistment or extension bonus
* is not reenlisting or extending for a military technician position
* is not reenlisting or extending for an Active Guard Reserve Title 10 or Title 32 position
* has been a satisfactory participant in the Selected Reserve for the 3 months preceding the reenlistment/extension
* completes a reenlistment or extension bonus addendum at the time of reenlistment or extension

11.  NGB-ARH Policy Memorandum Number 09-026, dated 13 August 2009, states:

   a.  Table 1, Rule A applies to Soldiers fully eligible, including those with approved waivers of disqualification. 

   b.  Table 1, Rule B applies to: Soldiers eligible for a retention or other bonus per current bonus policies as published by NGB-EDU and/or NGR 600-7.   Period:  Soldiers eligible for a retention bonus or other monetary incentive may reenlist only for the period authorized for bonuses per current bonus policies published by NGB-EDU and/or NGR 600-7.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DA Form 4836 to show Table 1, Rule B was carefully considered and found to have merit to grant relief in this case.

2.  The evidence of record shows he enlisted in the PRARNG on 5 December 2006.  He completed ADT in December 2007 and was awarded MOS 92G.  

3.  On 6 May 2012, he extended his enlistment for a period of 3 years in MOS 92G.  In conjunction with his extension, he signed an agreement for an REB.  Since he was reenlisting/extending for 3 years, he was eligible to receive a total bonus payment of $3,000.



4.  The NGB memorandum, dated 13 January 2014, cited several discrepancies regarding the applicant's bonus addendum.  However, through no fault of the applicant:

* his REB was not entered into the GIMs until 18 May 2012, subsequent to the date of his reenlistment/extension
* two bonus addenda were entered into GIMS, one copy was missing signatures and dates from the servicing representative and enlisting official, but the other copy included all authorized signatures and dates

5.  He reenlisted/extended in the PRARNG for a period of 3 years and he signed his REB Addendum (Annex R) in good faith.  Therefore, he should not be penalized for the administrative errors committed by his unit and the State Incentive Office.  

6.  In the interest of justice, the applicant's record should be corrected by:  

	a.  amending Section 8 of his DA Form 4836, dated 6 May 2012 to show the Authority and Reason for This Extension as "Table 1, Rule B"; 

	b.  a valid BCN should be assigned and he should be paid his REB in accordance with his REB Addendum (Annex R); and 

   c.  paying him, out of Army National Guard funds, the bonus as specified in his REB Addendum.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  amending Section 8 of his DA Form 4836, dated 6 May 2012 to show the Authority and Reason for This Extension as "Table 1, Rule B"; 

	b.  a valid BCN was assigned and all appropriate officials signed the proper documents in a timely manner; and 

   c.  paying him, out of Army National Guard funds, the bonus as specified in his REB Agreement.




      ____________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)                                         AR20140006005





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ABCMR Record of Proceedings (cont)                                         AR20140006005



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