IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016088
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 an Exception to Policy (ETP) to retain a $10,000.00 Reenlistment/Extension Bonus (REB).
2. The applicant states that on 14 June 2013, the National Guard Bureau (NGB) improperly denied him a $10,000.00 REB. The denial stated the bonus only applied to military occupational specialty (MOS) 15P (Aviation Operations Specialist). The applicant was classified as a 13M (Multiple Launch Rocket System Crewmember); however, he was still a 15P when 50 percent of the bonus was due. In addition, the remaining $5,000.00 should have been applied because the applicant was forced to reclassify his MOS in order to deploy. He states there were no available 15P positions within his driving range; therefore, his contract was forcibly altered and ratified because he could not willingly deploy in his contracted MOS.
3. The applicant provides a memorandum from the NGB.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Although the applicant lists Counsel, he did not render a request on the applicant's behalf.
2. Counsel provides no additional statement.
3. Counsel provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Connecticut Army National Guard (ARNG) for a period of six years on 8 December 2006. This action established his expiration term of service (ETS) as 7 December 2012. He completed training and he was awarded MOS 15P. Evidence shows he was ordered to active duty in support of Operation Iraqi Freedom and served in Kuwait for the period 11 October 2009 to 30 July 2010.
2. On 12 December 2011, the applicant executed a REB Addendum. The addendum indicates he was:
a. Executing a 6-year REB to receive a total bonus payment in the amount of $10,000.00. The applicant certified he was extending in a valid, vacant position not coded as excess to the unit.
b. Obligated to serve in the same Military Department and in the same MOS for which the bonus was approved, unless excused due to unit transition (deployment, reorganization, inactivation, or relocation) only.
c. His bonus would be paid in three installments. The first 50 percent payment would be processed for payment on the day after his current ETS. The second 25 percent payment would be processed on the third year anniversary and the final 25 percent would be processed on the fifth year anniversary.
d. He would not receive a payment if he did not meet all eligibility requirements on his contract start date (the day after his current ETS). The reenlistment/extension would be verified by the State Incentive Manager prior to any payment being processed.
3. The addendum further shows the applicant may be terminated from incentive eligibility with recoupment for voluntarily transferring within the state or IST for reasons other than those covered under Army Regulation 601-210 (Active and Reserve Components Enlistment Program). If transferring out of a critical skill incentive into a non-critical skill position, the incentive would be terminated effective the date on the transfer order.
4. The addendum was assigned a Bonus Control Number and it was signed by the applicant and a service representative.
5. His record contains an NGB Form 22-5 (Addendum to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) Approval and Acceptance by Service Representative for Interstate Transfer (IST)
in the ARNG)) which shows the applicant voluntarily conducted an IST to an ARNG unit in Florida to serve in MOS 13M on 9 May 2012.
6. The applicant provides and his record contains a memorandum, issued by the Deputy G1, ARNG, dated 14 June 2013, which denies the applicant an ETP to retain the $10,000.00 REB and instructs the State Incentive Manager to terminate the incentive without recoupment. The memorandum states the applicant is not serving in the MOS for which he contracted which violates ARNG Selected Reserve Incentive Program (SRIP) Fiscal Year (FY) 2011 Decentralized State Incentive Pilot Program (DSIPP) policy. The memorandum further states the applicant conducted an IST due to an employment conflict.
7. ARNG DSIPP SRIP Guidance for FY 2011, dated 29 March through 24 July 2012, with updates provides for various enlisted and officer bonus incentives.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to retain a $10,000.00 REB has been carefully considered; however, there is insufficient evidence to support his contentions.
2. On 11 December 2011, he executed a 6-year extension in MOS 15P in order to receive a REB in the amount of $10,000.00. The applicant's contention that he was a 15P when 50 percent of the bonus was due is incorrect. Had he remained eligible, the first payment would not have occurred until the day after his current ETS, which was 7 December 2012. Evidence clearly shows the applicant was serving as a 13M on 9 May 2012.
3. The available evidence shows the applicant voluntarily executed an IST from his unit in Connecticut to a unit in Florida due to an employment conflict. By doing so, he was in violation of the terms of his contract; therefore, he was no longer eligible to receive an REB.
4. In view of the foregoing, there is insufficient evidence to support the applicant's contentions.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20140016088
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016088
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002439
The applicant requests, in effect, correction of her record to show a National Guard Bureau (NGB) Form 600-7-1-R-E (Non-prior Service Enlistment Bonus Addendum Army National Guard of the United States) was properly completed when she extended her enlistment on 15 March 2012. The incentive addendum will state the terms and conditions of the incentive and must include the Soldier's, enlisting official's, and service representative's names, signatures, and date. The evidence of record shows...
ARMY | BCMR | CY2013 | 20130012451
The system allowed the unit to generate the addendum and did not realize that he would have served exactly 13 years in the service at the end of his current contract. His REB Bonus Addendum, dated 27 November 2012, shows: a. he extended/reenlisted for a bonus in the amount of $10,000.00. b. for the 6-year $10,000.00 REB, the REB extension eligibility period is less than 13 years time in service (TIS).
ARMY | BCMR | CY2014 | 20140008713
The memorandum states: * his REB Addendum showed he contracted for MOS 92G, but on 1 November 2012, he was transferred to a non-deployable TDA unit in an MOS 12H position * although he transferred for promotion (i.e., career progression), there were 92G positions in other units around the State * an NGB ETP was required to avoid bonus recoupment of approximately $9,305.00 b. c. A memorandum, subject: Request for ETP for REB (Applicant), dated 12 June 2013, from Deputy G-1, ARNG, NGB,...
ARMY | BCMR | CY2013 | 20130019349
The applicant requests, in effect, correction of his record to show a request for an exception to policy (ETP) was approved, allowing him to receive a $10,000.00 Reenlistment/Extension Bonus (REB). On 5 March 2013, the Deputy G-1, ARNG, NGB, signed a memorandum denying a request for an ETP allowing the applicant to retain the $10,000.00 REB and directing the State Incentive Manager to terminate the REB with recoupment. The applicant provides: a. a sworn statement, dated 18 October 2013, in...
ARMY | BCMR | CY2013 | 20130022263
The applicant states: * On 16 October 2011, he reenlisted for a term of 3 years * The DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was signed on 16 October 2011 and the terms of the contract included a $3,000.00 bonus * The promised bonus was denied for various reasons that are of no fault of his own * He was told his expiration term of service date was not correct in "SIDPERS and GIMS," and that the unit executed an extension without requesting a bonus control number (BCN)...
ARMY | BCMR | CY2014 | 20140014788
The applicant provides: a. email correspondence; b. NGB Form 600-7-3-R-E-DSIPP (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Decentralized State Incentive Pilot Program (DSIPP) Addendum ARNG of the United States); c. Certificate of Completion for the 31B Basic Military Police Course; d. Diploma issued to him upon graduation from the 31B Military Police ALC; e. a memorandum showing the National Guard Bureau (NGB) denial of his request for an ETP; and f. a memorandum rendered...
ARMY | BCMR | CY2013 | 20130016923
The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 24 August 2011 * Guard Annex (Enlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment), dated 29 August 2011 * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 NPS Critical Paragraph/Line Number [Military Occupational Specialty] MOS Enlistment Bonus Decentralized State Incentive Pilot Program (DSIPP) Addendum ARNG of the...
ARMY | BCMR | CY2014 | 20140018107
The applicant provides, in order of submission: * DA Form 4836, dated 15 April 2007 * page 2 of his NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/ Reenlistment Document Armed Forces of the United States) or DA Form 4836 REB Addendum ARNG of the United States) (14 December 2004) * CAARNG memorandum, dated 19 August 2012, subject: Request for Documentation Supporting Your Incentive(s) * U.S. District Court for the Central District of California Plea Agreement for former CAARNG...
ARMY | BCMR | CY2014 | 20140006005
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. The official denied the request for an ETP based on the following discrepancies and...
ARMY | BCMR | CY2015 | 20150002261
The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * National Guard Bureau (NGB) Form 600-7-3-R-E (REB Bonus Addendum) * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * Louisiana Army National Guard (LAARNG) Orders 322-722, dated 18 November 2009 * LAARNG Orders 345-401, dated 11 December 2009 * Camp Shelby Joint Forces Training Center, Camp Shelby, MS, Orders CS-074-0390, dated 15 March 2010 * workflow status document *...