IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20150002265
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 reinstatement and payment of his reenlistment/
extension bonus (REB) based on his reenlistment in the Missouri Army National Guard (MOARNG) on 3 November 2012.
2. The applicant states:
a. On 3 November 2012, he was promoted to staff sergeant (SSG)/E-6. He reenlisted in the MOARNG under the assumption he was being promoted and receiving a bonus in the amount of $5,000.00 for a 3-year extension.
b. He went through his chain of command and the State of Missouri in an attempt to get his bonus reinstated. His bonus was not reinstated because his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) does not show he extended for a bonus and the bonus control number (BCN) was not issued at the time of the extension.
c. He requested a BCN through his unit administrative clerk, but he was told this violated ARNG Selected Reserve Incentive Program (SRIP) 12-01 because it was requested after his original reenlistment paperwork was filed.
d. He requests reinstatement of his bonus. This is the last bonus he can receive due to his years of service.
e. At the time, the Army was busy cutting budgets and limiting bonuses, his unit was receiving different information/changes on bonuses and who was eligible to receive them. He did not understand the bonus paperwork process. He did not know a BCN was needed. This is not the job of a drilling Soldier. This is up to the administrative clerk and people who work with the reenlistment and bonus paperwork at the unit and battalion level.
f. His unit administrative clerk wrote a statement to the battalion and State regarding the error and his understanding of the BCN. His situation was rushed by his battalion which attributed to the errors in his paperwork. His unit administrative clerk was not properly informed.
g. He believes it is unjust to deny payment of his bonus due to a simple error (lack of a BCN) that could have been caught at the battalion level and sent back to his unit to be corrected.
3. The applicant provides:
* promotion orders
* exception to policy (ETP) denial letter
* memorandum from the administrative clerk at the time in question, dated 10 April 2013
* DA Form 1569 (Inspector General Action Request)
* memorandum from the MOARNG, dated 18 June 2013
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the MOARNG on 4 June 2003.
2. A DA Form 4836, dated 3 November 2012, shows he reenlisted/extended for a 3-year period.
3. The available records do not contain a reenlistment bonus addendum.
4. He was promoted to SSG effective 3 November 2012.
5. He provided a memorandum from the unit administrative clerk at the time in question, dated 10 April 2013, who states:
a. He was the administrative noncommissioned officer (NCO) for the 1141st Engineer Company Sapper. In November 2012, he was told the applicant had accepted a vacant E-6 position, but in order for him to accept and get the promotion processed he needed to hurry up and execute an extension of his enlistment.
b. At that time, he didn't have access to the Guard Incentive Management System (GIMS) and the Information Management and Reporting Center was a read-only site. He didn't know how to use the GIMS site. He was told to get the extension processed in the interactive Personnel Electronic Record Management System as soon as possible. He was under the impression that due to it being a 3-year extension the system and State headquarters would process the extension and grant the applicant a bonus due to being eligible at the time the contract was processed.
c. It wasn't until after he had full access and little knowledge in GIMS that he found out the applicant was denied a bonus due to not requesting a BCN.
d. The applicant was denied the bonus due to an administrative error and inadequate training he received as the unit administrative NCO.
6. On 18 June 2013, he was notified by the MOARNG of an incentive (reenlistment bonus in the amount of $7,500) discrepancy. The memorandum stated on 25 February 2009 he signed a DA Form 4836 in conjunction with a
3-year reenlistment bonus. However, on 26 February 2009 he signed his reenlistment bonus addendum. The governing regulation states a reenlistment or extension bonus addendum must be completed at the time of reenlistment or extension.
7. He also provided an ETP memorandum from the National Guard Bureau, dated 30 June 2014, which states:
a. An ETP request to retain the $5,000 REB was denied because his contract/bonus addendum could not be found which violated ARNG SRIP 12-01.
b. His BCN was requested after the date of reenlistment/extension which violated ARNG SRIP 12-01.
c. The State Incentive Manager would terminate the bonus without recoupment.
DISCUSSION AND CONCLUSIONS:
1. The applicant reenlisted/extended in the MOARNG on 3 November 2012. However, his DA Form 4836 does not show he extended for an REB.
2. The ETP letter states his request to retain the REB was denied because his contract/bonus addendum could not be found and his BCN was requested after the date of reenlistment/extension.
3. Since there is no REB addendum in the available records and the applicant did not provide one, there is insufficient evidence for granting the requested relief.
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 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) AR20150002265
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ABCMR Record of Proceedings (cont) AR20150002265
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