IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20140021348 


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, correction of his record to show approval of an exception to policy (ETP) to retain the $10,000 Reenlistment/Extension Bonus (REB) for which he extended 6 years.

2.  The applicant states, in effect:

* he extended his enlistment contract by 6 years on 1 June 2012 while deployed in Afghanistan
* although he was given a bonus control number (BCN) on 1 June 2012, he did not sign the bonus addendum on 1 June 2012; this was because there were pressing matters that required attention
* he trusted that his reenlistment official would ensure his extension was properly completed and he was eligible for the REB
* on 18 November 2013, he was notified his extension paperwork had not been properly completed
* the date on his extension document and the date on his bonus addendum did not match
* he was also told the reenlistment official had not correctly input the appropriate table and rule which applied to his extension
* he submitted a request to the National Guard Bureau (NGB) for payment as an ETP and his request was denied
* he believes it is unjust to deny him the REB
* the errors were made by the reenlistment official, who should have known the Army National Guard (ARNG) Selected Reserve Incentives Program (SRIP) policy 
3.  The applicant provides a/an:

* memorandum, dated 26 November 2014, sent to the applicant by the Education Services Officer for the Indiana ARNG (INARNG)
* memorandum, dated 25 November 2014, sent to the INARNG by the NGB
* memorandum of support, dated 6 December 2014, from the applicant's unit commander
* Department of the Army (DA) Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.) or DA Form 4836 (Reenlistment/Extension Bonus Addendum ARNG of the U.S.)) 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the INARNG on 11 April 2007.  After completing initial training he was awarded military occupational specialty 35F (Intelligence Analyst).  He is currently serving in the INARNG in the rank/grade of sergeant (SGT)/E-5.

2.  On 1 June 2012, the applicant signed a DA Form 4836 extending his enlistment by 6 years.  

3.  On 5 June 2012, he signed an NGB Form 600-7-3-R-E to receive an REB in the amount of $10,000.  The applicant initialed all blocks applicable for receipt of the REB, thus acknowledging he met the criteria for the bonus.  Additionally, this form was signed by a State enlistment official, verifying the information shown on the form was accurate. 

4.  The applicant states he was notified on 18 November 2013 he was not eligible for the REB because the date of the DA Form 4836 did not match the date on the NGB Form 600-7-3-R-E.  He submitted an ETP.

5.  On 25 November 2014, the NGB denied the applicant's request for payment as an ETP.  The basis for denial was a violation of ARNG policy, wherein it states the REB could not be issued on a date after the DA Form 4836 was signed.  Although it was noted the applicant would be eligible for the REB if he met eligibility requirements, the REB should be recouped because his:

* BCN was requested 2 days after he signed the DA Form 4836
* NGB 600-7-3-R-E was signed 2 days after the BCN was obtained (and 
4 days after the signing of the DA Form 4836)

6.  The applicant provides a memorandum of support from his unit commander, in which he states, in effect:

* the applicant is a great asset to his unit and it would be unjust to deny him the REB he was promised
* he believes the integrity of the Army is at stake and it may negatively affect the retention of other Soldiers within his troop
* the applicant was deployed at the time of his extension and he should not be penalized for clerical errors made by others

7.  National Guard Regulation (NGR) 600-7 (SRIP) prescribes policy and procedures for implementing SRIP.  With regard to the REB, it states:

* the REB is offered under the provisions of Title 37, U.S. Code, section 308b
* the REB can be offered to an enlisted ARNG Soldier who has less than 20 years of total military service, and who voluntarily extends in a designated skill or unit for at least 3  or 6 years, as outlined in current policy  
* the written agreement generated by the ARNG incentive management system must be the same date as the DA Form 4836 (emphasis added)

8.  Memorandum, dated 17 April 2012, issued by the NGB, subject:  ARNG SRIP Policy for FY 12, 5 June 2012 - 30 September 2012 (Policy Number 12-01, Update 1) states, in pertinent part, the issuing of the REB is not authorized if this occurs after the DA Form 4836 has been signed.

DISCUSSION AND CONCLUSIONS:

1.  On 1 June 2012, while deployed in Afghanistan, the applicant extended his enlistment by 6 years on the promise of receiving an REB.  On 5 June 2012, he executed the written agreement required to receive the REB.  The State issued a BCN and the written agreement was signed by a State representative as well as a witness.  On 25 November 2014, the NGB denied the applicant's request for ETP solely on the basis that the date of his extension did not match the date of the written agreement for the REB.

2.  The applicant acted in good faith and continues to fulfill the requirements of his contractual agreement.  The form was otherwise properly completed and a State official signed it, affirming the acknowledgements made by the applicant were accurate.  The applicant should not be penalized for the errors committed by his State's official.  

3.  Based on the foregoing, the applicant should be granted full relief.

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 Army National Guard records of the individual concerned be corrected by showing:

* he executed the NGB Form 600-7-3-R-E on 1 June 2012
* the BCN was issued on 1 June 2012



      ____________ 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)                                         AR20140021348



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ABCMR Record of Proceedings (cont)                                         AR20140021348



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