IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140011736 


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 qualified to retain the Enlisted Affiliation Bonus (EAB) he contracted for with the Missouri Army National Guard (MOARNG).

2.  The applicant states that he contracted with the MOARNG to get a $20,000 bonus.  He was to receive half of the bonus on contracting and the other half at his 3-year mark.

	a.  He transferred to the Inactive National Guard (ING) a few months before this 3-year mark and did not receive the second half of the bonus.

	b.  When he returned from the ING he was told he had 30 days to extend his contract for the amount of time he was in the ING to get the second half of his bonus.  He had a profile (from disabilities that were incurred in the line of duty) that prevented him from doing an Army Physical Fitness Test (APFT), but he was told he could not extend without the APFT.

	c.  He has been going through the Medical Evaluation Board (MEB) process for many years, so he had to extend three separate times to complete that process.  Each time he extended for a minimum of one year.  So now he has exceeded his 6 year obligation by two years.  An exception to policy (ETP) was submitted and denied.

	d.  He feels it is unjust to not pay him the second half of the bonus.  He was willing to extend, but could not because he did not have a current APFT.  The limitations from his profile all came from disabilities he incurred while on active duty.  He is being punished for getting hurt in the line of duty.  Additionally, his bonus contract ended in March 2012 and he has extended three times since then and is still in the National Guard awaiting his orders for 100 percent (%) permanent disability retirement.  He has stayed in 27 months past his contract obligation.  He was only in the ING for 12 months.

3.  The applicant provides copies of:

* Written Agreement, EAB Addendum, dated 15 March 2006
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 
4 February 2012, with waiver approval memorandum
* DA Form 4836, dated 29 January 2013, with waiver approval memorandum
* DA Form 4836, dated 11 December 2013
* orders announcing his discharge due to permanent disability, dated 3 July
2014
* ETP request with supporting documents
* National Guard Bureau (NGB) denial of the ETP

CONSIDERATION OF EVIDENCE:

1.  Following prior service in the Regular Army (RA) and the U.S. Army Reserve (USAR), the applicant enlisted in the MOARNG on 15 March 2006.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the enlistment was as a specialist (SPC)/E-4 for a period of 6 years.

2.  In his Written Agreement - EAB Addendum, signed by him on 15 March 2006, he agreed that:

	a.  he would be assigned to a unit vacancy in the Selected Reserve (1107th Aviation Classification Repair Activity Depot (AVCRAD)) in military occupational specialty (MOS) 15S2O (OH-58D Helicopter Repairer).

	b.  he must serve the entire remaining period of his statutory military service obligation in the ARNG/USAR unit satisfactorily.  Satisfactory participation is prescribed by Army regulations and this written agreement, unless excused for the convenience of the Government.

	c.  he would receive a bonus of $20,000.  The initial payment (50%) would be paid upon affiliation into the MOARNG and the remaining 50% would be paid on the 3rd anniversary.

	d.  his entitlement to the affiliation bonus would be terminated if, in part, he moved to a non-bonus unit or MOS, or if he voluntarily reclassified into an MOS other than the one listed in the addendum or if he failed to extend his ARNG contracted term of service to compensate for a period of non-availability.

3.  His ARNG Annual Statement shows he was in the ING from 4 December 2008 to 22 November 2009 (11 months and 19 days).

4.  He provides evidence showing he extended his service on 4 February 2012, 29 January 2013, and on 11 December 2013.

5.  A Physical Evaluation Board (PEB) was convened on 23 June 2014.  The DA Form 199 (PEB Proceedings) shows the board found the applicant physically unfit, recommended a rating of 100%, and permanent disability retirement.  The applicant's disability is shown as post traumatic stress disorder (PTSD) with the comments, in part, "Onset was in October 2006 when Soldier had first filed documentation of PTSD related symptoms."

6.  Orders show he was retired with a 100% disability rating effective 30 July 2014.

7.  On 29 June 2011, the Chief Education, Incentives and Employment Division, NGB, denied the applicant's request for an ETP to retain the $20,000 bonus.  The denial memorandum states that the applicant enlisted in the MOARNG on 
15 March 2006 and signed the EAB addendum for $20,000.  He was approved for transfer into the ING effective 4 December 2008.  He returned from the ING to an active drilling unit on 23 November 2009, and was unable to extend his enlistment for the amount of time he served in the ING due to medical reasons.   Failure to meet the reinstatement criteria will result in termination of the incentive and recoupment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he remained eligible to retain his $20,000 EAB.  Through extensions he has performed the period of service required. 

2.  The available evidence clearly shows that the applicant enlisted in the MOARNG on 15 March 2006 for a period of 6 years and completed the bonus addendum that day.  He was transferred to the ING for a period of 11 months and 19 days and then returned to his active drilling unit.  He has extended his service on three occasions and was retired due to permanent disability on 30 July 2014.  He served beyond the 6 year enlistment.

3.  In view of the above, the applicant's request should be granted.

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 showing the appropriate authority approved an ETP entitling the applicant to retain his EAB.




      __________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)                                         AR20130013837



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ABCMR Record of Proceedings (cont)                                         AR20140011736



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