IN THE CASE OF:	   

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140011483 


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, the recoupment of his reenlistment/extension bonus (REB) be stopped.

2.  The applicant states, in effect:

   a.  His name was forged on a document entitling him to a $15,000 REB.  A review of other documents in his record that contain his signature will prove the bonus document is a forgery;
   
   b.  In November 2008, he was approached by SGT T______ about reenlisting when his 3-year enlistment expired.  He was concerned about not getting a reenlistment bonus and only extended for 1 year in hopes that a bonus would become available;
   
   c.  He received a $15,000 REB in January 2009 and approached the readiness noncommissioned officer (NCO) who in turn referred him to the administration NCO.
   
   d.  He followed the administration NCO's advice to solidify the receipt of the bonus by passing the Army Physical Fitness Test (APFT) and signing a 6-year enlistment contract.
   
   e.  Again, he was approached one year later about extending at which time he inquired about his previous 6-year enlistment.
   
   f.  He was told his 6-year contract would be investigated and he was instructed to sign another extension. 
   
   g.  His 6-year enlistment contract was not in the interactive Personnel Electronic Records Management System (iPERMS) and he continuously signed extensions.
   
   h.  Throughout all of the confusion he has enjoyed serving in the Guard which is his only form of financial support.  He has done everything that was asked of him and he held off spending the bonus until he completed what he was told to do to solidify the bonus he received.

3.  The applicant provides:

* National Guard Bureau (NGB) Memorandum
* Memorandum for Record (MFR), dated 27 November 2012
* Self-Authored Statement
* NGB Form 600-7-3-R-E (Annex to DD Form 4 or DA Form 4836) Reenlistment/Extension Bonus Addendum) (pages 2 and 4)
* DA Form 2823 (Sworn Statement)

CONSIDERATION OF EVIDENCE:

1.  The applicant's official military personnel file (OMPF) contains a Guard Annex Enlistment/Reenlistment Agreement which he executed on 17 December 2005.  He enlisted in the Missouri Army National Guard (MOARNG) for 6 years and incurred a statutory military service obligation of 8 years of which he had the option to serve as a member of the Individual Ready Reserve (IRR) or the Inactive National Guard (ING) for the remainder of his service.

2.  On 23 January 2006, the applicant entered active duty training (ADT).  Upon completion of training he was awarded military occupational specialty 63H (Wheeled Vehicle Mechanic) and released from ADT to the MOARNG on 7 July 2006.

3.  The applicant's OMPF and ARNG record contains enlistment/reenlistment/ extension documents which indicate the following:

	a.  DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 16 October 2008, shows he extended his 17 December 2005 enlistment for 1 year making his new expiration term of service (ETS) date 16 December 2009.

	b.  A Guard Incentive Management System computer print-out that includes the following information which shows a contract was executed authorizing the applicant to reenlist in the ARNG for 6 years with a $15,000 incentive:

* (Bonus) Control Number (BCN):  R08090019MO
* Contract Start Date:  17 December 2009
* Contract End Date:  16 December 2015
* Contract Type:  RE (reenlistment)
* Contract Status:  Active
* Status:  Terminations
* Contract Amount:  $15,000
* BONUS MOS:  63B
* ETS From Today:  4 years, 6 months, 6 days
* Bonus UPC:  PF1T0

   c.  NGB Form 600-7-3-R-E, dated 13 December 2010, that shows the applicant reenlisted in the ARNG for 6 years and based on this reenlistment he was authorized a $15,000 REB under BCN R12120074MO.  However, he initialed the block which authorized a $6,000 bonus based on a 3 year reenlistment.
   
   d.  DA Form 4836, dated 13 December 2010, that shows he extended his 17 December 2005 enlistment a second time for 1 year making his new ETS date
16 December 2011.
   
   e.  NGB Form 22 (NGB-Report of Separation and Record of Service) and Honorable Discharge Certificate that shows the applicant was discharged from the MOARNG on 16 December 2010, by reason "expiration of active status commitment in the Selected Reserve.
   
   f.  DA Form 4836, dated 29 September 2011, that shows he extended his 17 December 2005 enlistment a third time for 1 year making his new ETS 
16 December 2012.
   
   g.  DA Form 4836, dated 13 March 2012, that shows he extended his 17 December 2005 enlistment a third [sic] time (should show 4th time) for 9 months making his new ETS 16 September 2013.
   
   h.  DA Form 4836, dated 11 December 2012, that shows he extended his 17 December 2005 enlistment a fourth [sic] time (should say 5th time) for 6 years making his new ETS 16 September 2019.
   
   i.  NGB Form 600-7-3-R-E, dated 11 December 2012, that shows the applicant reenlisted in the ARNG for 6 years and based on this reenlistment he was authorized a $10,000 bonus under BCN R12120074MO.
   
4.  The applicant provides an MFR from the Battalion S4 NCO in Charge, A Company, 935th Area Support Battalion, MOARNG, dated 27 November 2012. He provides his knowledge of the applicant's bonus and states:

* the applicant was too close to his ETS date and/or he did not have a passing APFT to receive a bonus, he extended for 12 months
* shortly after passing the APFT, he reenlisted for 6 years for a $15,000 REB
* sometime within a year or so later, he was asked to provide a copy of the applicant's bonus addendum which he located and forwarded or had it added to iPERMS

5.  On 11 April 2013, the Deputy G1 (Personnel Officer), ARNG denied the applicant's request for an exception to policy (ETP) for reenlistment/extension bonus.  He indicated the following:

   a.  The applicant's contract/bonus addendum could not be found and his contract documents were missing, which violated ARNG Selective Reserve Incentive Program (SRIP) 07-06 Updated (1 March 2009 – 15 June 2010.)
   
   b.  The applicant's contract/agreement details:
   
* State enlisted/accessed:  MO; Unit Identification Code (UIC):  PF1T0
* Date of agreement/enlistment:  16 October 2008
* Contracted bonus addendum/agreement amount:  $15,000
* Contracted MOS:  63B;  Current MOS:  91B (MOS Conversion)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the recoupment action of his reenlistment bonus should be stopped.  There is sufficient evidence to support this claim.

2.  The evidence of record confirms the applicant initially enlisted in the ARNG for 6 years on 17 December 2005.  He extended this enlistment on 16 October 2008 for 1 year and 16 December 2009 was established as his new ETS date, even though he was previously contractually obligated to serve in the ARNG for 


6 years at least through 16 December 2011 based on his initial enlistment.  His record provides no basis for this extension.

3.  A computer print-out from an official NGB database shows the applicant reenlisted on 17 December 2009 for 6 years and he was issued a BCN based on this reenlistment which authorized him a $15,000.  His reenlistment contract and the addendum that he would have executed in connection with this reenlistment are not available for review with this case.  This is no fault of the applicant's.  His record contains multiple unexplainable discrepancies surrounding his extensions, reenlistments, and bonus eligibility or non-eligibility.  

4.  Nevertheless, he has continually served in the ARNG from 17 December 2005 and continues to serve.  Therefore, in the interest of equity, it would be appropriate to correct the applicant's record to show he executed a written contract to reenlist in the ARNG for 6 years on 17 December 2009 with BCN R08090019MO, which authorized him a $15,000 REB, as currently indicated in the NGB database.  In addition, the recoupment action should be terminated and the applicant should be reimbursed all monies that were recouped.

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:

     a.  showing the applicant executed a written reenlistment contract on 17 December 2009 reenlisting in the Army National Guard for 6 years, under the SRIP which authorized him a $15,000 bonus under bonus control number R08090019MO;

     b.  showing the Army National Guard terminated his SRIP bonus recoupment action, allowing him to retain the initial $15,000 payment, and reimbursing him all monies previously collected as a result of the recoupment action; and

     c.  voiding all extension contracts that overlapped the period of his 17 December 2009 reenlistment.



      ____________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)                                         AR20140011483



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ABCMR Record of Proceedings (cont)                                         AR20140011483



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