BOARD DATE:	 14 April 2015 

		DOCKET NUMBER:  AR20150002261 


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 an exception to policy (ETP) request was approved allowing him to retain the full amount of his reenlistment/extension bonus (REB).

2.  The applicant states, in effect:

* on 21 May 2009, he reenlisted and he was not notified that an ETP was required until 10 September 2013, which was after his first payment was disbursed
* two of the three remaining payments of his bonus have been denied 
* he was processing for deployment to Iraq during the processing of his REB documentation and he was available every day until his deployment to correct issues related to his REB documentation 
* his REB documentation went through multiple quality control measures prior to receiving his first REB installment and no issues were identified until 2013
* the quality control process should be reviewed due to the mismanagement of his documentation based on multiple factors involved

3.  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 
* memorandum, subject:  ETP Request for REB on (Applicant), dated 10 September 2013
* self-authored memorandum, dated 9 October 2013
* State Incentive Manager memorandum, subject:  Notification of ETP Result, dated 23 October 2014
* DA Form 2823 (Sworn Statement), dated 16 December 2014
* NGB memorandum, dated 22 October 2014, subject:  Request for ETP for REB for (Applicant)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the LAARNG on 29 December 2006 for a 3-year period.

2.  In conjunction with his enlistment, he signed an NGB Form 600-7-1-R-E acknowledging he agreed to serve 3 years as an assigned member of a troop program unit in the Selected Reserve for training in military occupational specialty (MOS) 27D (Paralegal Specialist).

3.  Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, SC, Orders 220-507, dated 7 August 2008, awarded him primary MOS 27D upon successful completion of the 27D Course.  Records show he completed the course on 19 September 2008.

4.  His DA Form 4836, dated 21 May 2009, shows:

* he extended for a 6-year period
* he was eligible for a retention bonus and assigned bonus control number (BCN) RXXXXXX04LA
* he was extending to qualify for the Montgomery GI Bill

5.  His NGB Form 600-7-3-R-E, dated 21 May 2009, shows he acknowledged in:

* Section II (Eligibility) –

*	he was MOS qualified and he held the rank and grade commensurate with the position vacancy for which he was reenlisting/extending
*	he did not have more than 20 years of total military service from his pay entry basic date upon his current expiration of term of service (ETS) and he was reenlisting or extending for 6 years
*	his reenlistment/extension was not more than 1 year prior to or 24 hours after his current ETS

* Section III (Bonus Amount and Payments) –

*	he would receive a $10,000 bonus for a 6-year reenlistment/
extension in the NGB-approved critical unit (unit identification code (UIC) WXXJB0)
*	he was reenlisting/extending in a valid, vacant position
*	the first 50-percent installment would be processed on the date his reenlistment/extension contract took affect
*	the second 20-percent installment would be processed on the third year anniversary date of his contract agreement
*	the third and final installment would be processed on the sixth anniversary date of his contractual agreement
*	he would not receive a payment if he did not meet all the requirements at the time his reenlistment/extension took effect
*	his reenlistment/extension would be verified by the State Incentive Manager prior to any payment being processed
*	Soldiers with more than 18 years time in service as of their current ETS could voluntarily extend their enlistment for 3 or 6 years and receive a pro-rated payment up to 24 years of time in service
*	any portion of additionally obligated service beyond 24 years would not be included in the calculation or payment of the bonus

* Section VIII (Authentication) – he signed the form but did not date the form

* Section IX (Certification by the Service Representative) – the form was signed by the enlisting official and service representative and contains BCN RXXXXXX04LA

6.  LAARNG Orders 322-722, dated 18 November 2009, show the applicant was ordered to active duty in support of Operation Iraqi Freedom effective 5 January 2010 for a period not to exceed 400 days.

7.  Camp Shelby Joint Forces Training Center Orders CS-074-0390, dated 15 March 2010, temporarily reassigned him to a unit in Baghdad for a period not to exceed 328 days.


8.  On 4 February 2011, he was honorably released from active duty.

9.  On 22 October 2014, the NGB ARNG Deputy G-1 denied the applicant's request for an ETP for his REB and directed the State Incentive Manager to terminate the bonus without recoupment.  The NGB ARNG Deputy G-1 further stated:

	a.  The applicant's contract/bonus addendum contained a missing signature date which violated ARNG Selected Reserve Incentive Program (SRIP) Policy 07-06, updated 1 March 2009.

	b.  The applicant's BCN was requested after the date of reenlistment/
extension which violated ARNG SRIP Policy 07-06, updated 1 March 2009.

	c.  The applicant's DA Form 4836 does not support an incentive being offered at the time of enlistment.  The BCN was requested 7 months after the applicant extended.  NGB grants relief of recoupment of the funds already received toward the incentive; however, no further payments would be made.

10.  The applicant provided a workflow status document that shows M____ F____ performed system updates on 5 January 2010.

11.  The applicant also provided:

	a.  a copy of his ETP request, dated 10 September 2013, that states he did not date the addendum due to an administrative oversight; therefore, an ETP was required.  The request also states the bonus was offered in good faith and withholding payment of the incentive would be contrary to the best interest of the LAARNG;

	b.  a self-authored memorandum, dated 9 October 2013, that states he was advised an ETP was required due to his addendum not being dated; and

	c.  a DA Form 2823 from the battalion retention noncommissioned officer, dated 16 December 2014, that states at the time he met with the applicant on 29 May 2009, bonus request numbers were assigned per request via email or verbally over the telephone, the request could be assigned a few days prior to the Soldier's reenlistment counseling session, the applicant signed his DA Form 4836 and bonus addendum at the same time during the extension counseling session on 21 May 2009, he failed to notice the applicant did not date the bonus addendum when he signed it, and the documents were forwarded though the proper channels.

12.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, in effect at the time, stated enlistment bonus contracts were valid only with BCNs which would be issued from the State Incentive Manager and reported to NGB on a monthly basis.  The State Incentive Manager would verify, as prescribed by State policy, BCNs, accuracy of enlistment contracts and bonus addendums, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

13.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and U.S. Army Reserve.  Paragraph 
1-7 states that Selected Reserve incentives will be offered in designated units and selected skills only when a valid position vacancy exists and the specialty is designated as a critical specialty by the Department of the Army. 

DISCUSSION AND CONCLUSIONS:

1.  In good faith, the applicant agreed to continue his service for 6 years in exchange for a $10,000 REB.  His DA Form 4836, executed on 21 May 2009, specifically stated he was eligible for and he accepted an REB and BCN RXXXXXX04LA is cited.

2.  Although the NGB Form 600-7-3-R-E was not dated by the applicant and the BCN may have been entered into the appropriate system at a later date, the BCN appears on the DA Form 4836 executed by the applicant on 21 May 2009.

3.  In view of the foregoing and as a matter of equity, any doubt should be resolved in favor of the applicant.  Therefore, it would be appropriate to correct his records to show an ETP was approved allowing him to retain the REB.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and ARNG records of the individual concerned be corrected by showing an ETP request was approved allowing him to retain the full REB and paying him the REB in accordance with the terms set forth in the REB addendum.



      ___________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)                                         AR20150002261



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ABCMR Record of Proceedings (cont)                                         AR20150002261



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