IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20150001633 


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) for retention of a Reenlistment/Extension Bonus (REB) in the Mississippi Army National Guard (MSARNG).

2.  The applicant states, in effect, he should be entitled to the REB due to a clerical error by the administrative noncommissioned officer (NCO) who submitted his information.  This NCO advised him of the issue and to submit an ETP to correct the situation.  He was denied his reenlistment bonus even after the ETP was submitted twice along with the supporting documents.  

3.  The applicant provides copies of two email correspondence and a Request for ETP for REB memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the MSARNG on 11 June 2002, for 6 years.  On the same date, he executed and signed a National Guard Bureau (NGB) Form 600-7-1-R-E (Enlistment Bonus Addendum).  The addendum shows in:

   a.  Section II (Eligibility) – "I am enlisting in Detachment I, Headquarters Support Company, 890th Engineer Battalion (WP7DT1) 62E (Heavy Construction Engineer Operator) 113/04."  The form stated this section would list the bonus unit name and Unit Identification Code, critical MOS, and position paragraph and line number.   

   b.  Section III (Payments) – "I will receive my first bonus payment of $3,000.00 for the enlistment bonus option above, less taxes.  I will receive my first bonus payment of 30 percent (%) of the total authorized amount entered above, less taxes, when I complete individual active duty training and I am awarded the MOS for which I enlisted."   

2.  Orders Number 258-618, issued by Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, MO, on 15 September 2003, awarded him primary MOS 21E (Heavy Construction Equipment Operator) effective 23 October 2003.

3.  On 13 October 2007, he extended his enlistment in the MSARNG for 6 years. The DA Form 4836 (Oath of Enlistment or Reenlistment) shows he acknowledged that he was eligible for and accepted a reenlistment bonus of $15,000.00.

4.  On the same date, he also executed and signed an NGB Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum).  The addendum shows in Section II (Eligibility) – "I am MOS qualified for the position for which I am extending/reenlisting and I also hold the rank and grade of, or am no more than one grade below, the required grade of the position."

5.  He was ordered to and entered active duty on 29 May 2009 in support of Operation Enduring Freedom.  He was released from active duty on 8 April 2012 and was transferred to a Reserve unit.

6.  On 16 January 2014, he extended his enlistment for 6 years.  The DA Form 4836 does not show he was qualified for a bonus.  The form was signed by him and state officials on the same date.

7.  On 13 February 2014, he executed and signed an NGB Form 600-7-03-R-E.  The addendum shows in:

   a.  Item 16b of Section II (Eligibility) – "I am reenlisting/extending Duty MOS Qualified (DMOSQ) in MOS 12N (Horizontal Construction Engineer) only for 6 years as the primary position holder in a rank and grade commensurate with this position and I am not coded 9993 or assigned to an ARNG MMA and coded 999M in SIDPERS."

   b.  Section III (Bonus Amount and Payments) – the following:

		(1)  "I am reenlisting/extending for 6 years and will receive a total bonus in the amount of $10,000.00."
		(2)  "I understand that I will not receive payments if I do not meet all eligibility requirements on his contract start date.  The reenlistment/extension will be verified by the State Incentive Manager (IM) prior to any payment being processed."

   c.  Section VI (Termination) – "I may be terminated from the REB eligibility with recoupment if my REB addendum is signed before or after the execution date of my DA Form 4836.  The termination date will be my contract start date if the REB was previously paid."

   d.  Section VIII (Authentication) – contains the signatures the applicant, Service Representative, and Witnessing Officer and the date of signing as 13 February 2014.

8.  He provided copies of the following:

   a.  Email correspondence, dated 19 February 2014, wherein a staff member of the 857th Horizontal Company advised him that due to her uploading his information incorrectly in the Guard Incentive Management System, they would need his statement and a memorandum from his command requesting an ETP.  

   b.  Email correspondence (undated) wherein he stated he had received a letter stating there was an issue with his reenlistment and he was requesting an ETP to resolve the matter.

   c.  A Request for ETP memorandum, dated 16 December 2014, wherein the Deputy G1, National Guard Bureau (NGB), advised the MSARNG that an ETP for the applicant to retain the $10,000 REB was denied because the applicant's contract/bonus addendum was signed after the date of reenlistment/extension which violated the ARNG Selection Reserve Incentive Program (SRIP) for Fiscal Year 2013.  The State IM would terminate the incentive without recoupment.  The applicant's contract/agreement detailed that he reenlisted on 13 February 2014.  The applicant's Bonus Control Number was not requested and his DA Form 4836 indicated no incentive was offered at the time of reenlistment/extension.  Therefore, a review of the reenlistment/extension documents do not substantial an incentive being offered at the time of his contract/agreement.

9.  On 21 April 2015, a staff member of the NGB verified the applicant's ETP was denied for two reasons:  the contract/addendum was not signed until after the date of his reenlistment/extension and no incentive was offered at the time of his reenlistment/extension.  The piece missing was that when the applicant extended there was no documentation that an incentive was offered (DA Form 4836).

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a DA Form 4836 on 16 January 2014 for reenlistment in the MSARNG.  That form does not show he was offered or entitled to a bonus. 

2.  On 13 February 2014, he executed an Annex R for a $10,000 REB.  The addendum shows he acknowledged he understood the incentive would be terminated with recoupment if the incentive addendum was signed before or after the execution date of his DA Form 4836.  

3.  The NGB denied an ETP for him to retain the incentive because the contract/bonus addendum was not signed until after the date of reenlistment and no incentive was offered at the time of his reenlistment/extension.  

4.  His contentions and the documents he submitted were carefully considered; however, policy guidelines clearly specify the incentive addendum and reenlistment documents must be signed on the same date.  There is no evidence and he did not provide sufficient evidence showing an incentive was offered on the date of his extension or that he was unjustly or erroneously denied the REB.

5.  Therefore, without evidence to the contrary, the action taken by the NGB, Deputy G-1, to terminate the incentive recoupment appears to be proper and he has not shown otherwise.  

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)                                         AR20150001633



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ABCMR Record of Proceedings (cont)                                         AR20150001633



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