IN THE CASE OF:	  

		BOARD DATE:	    25 June 2015

		DOCKET NUMBER:  AR20150006247 


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 payment of his reenlistment/extension bonus (REB) based on his extension of enlistment in the Tennessee Army National Guard (TNARNG) on 4 December 2010.

2.  The applicant states:

	a.  He extended for 3 years on 4 December 2010 for a bonus in the amount of $2,500.00.  His DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and bonus addendum were both signed on 4 December 2010.

	b.  He received the first installment of the bonus in 2012.  He was due the second installment of his bonus on 11 March 2014, but he did not receive it.  When he inquired about it, he was informed that he needed to submit a request for an exception to policy (ETP) because the bonus control number (BCN) was issued on 29 December 2010 which was after he signed the contract.

	c.  A request for an ETP was submitted, but it was disapproved.  He was also informed he would have to repay the first installment of $1,250.00.

	d.  His bonus addendum had a BCN and all the supporting paperwork was correct.  This is not an error on his part or his unit's.

3.  The applicant provides:

* DA Form 4836
* National Guard Bureau (NGB) Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum)
* ETP memorandum, dated 10 January 2015
* DA Form 4187 (Personnel Action)
* DA Forms 2823 (Sworn Statement)
* NGB letter to a Member of Congress, dated 10 March 2015

 CONSIDERATION OF EVIDENCE:

1.  Having prior inactive service in the U.S. Army Reserve and active service in the Regular Army, the applicant enlisted in the TNARNG on 4 November 2009.

2.  His DA Form 4836, dated 4 December 2010, shows he reenlisted/extended for a 3-year period.

3.  His REB Bonus Addendum, dated 4 December 2010, shows he extended for a bonus in the amount of $2,500.00.  This addendum shows a BCN.

4.  He provided a memorandum from his TNARNG troop commander, dated 10 January 2015, requesting an ETP for the REB on behalf of the applicant which states:

* the applicant extended in the TNARNG on 4 December 2010 and received an REB in the amount of $2,500.00
* he met the criteria for the bonus and received a BCN
* the BCN supports that he had met all the criteria to be eligible for the ETP REB
* the applicant signed the DA Form 4836 and bonus addendum on 4 December 2010
* he was eligible and paid the first installment of the bonus in 2011 on time
* in January 2015, the unit was notified that a request for ETP was needed due to the fact that the BCN was approved after the DA Form 4836 and bonus addendum were signed
* upon further research, it was determined the BCN was requested by the unit's previous recruiter on 29 December 2010
* due to an administrative error and through no fault of the applicant, the unit requests approval of an ETP for the REB

5.  He provided a memorandum from the TNARNG Education Services Officer, dated 21 January 2015, which states:

* the applicant needs an ETP related to his bonus from 2010
* he signed and dated the bonus contract on 4 December 2010
* since the contract was not issued until 29 December 2010, there is no way the contract could have been signed on 4 December 2010

6.  He provided an NGB memorandum, dated 26 January 2015, subject:  Request for ETP for REB (Applicant), which states:

	a.  The request for an ETP to retain the $2,500.00 REB is denied.

	b.  The State Incentive Manager will terminate with recoupment.

	c.  The applicant's BCN was requested after the date of reenlistment/
extension which violates ARNG Selected Reserve Incentive Program (SRIP) Policy Number 10-01.  Supporting documentation proving intent to issue the bonus cannot be found.

	d.  The applicant's contract/bonus addendum was signed after the reenlistment/extension documents which violates ARNG SRIP 10-01.

	e.  Records show the BCN and addendum were requested after the date of extension.  The addendum was then dated the same day as the extension.  The DA Form 4836 does not support an incentive being offered.  Therefore, NGB does not approve the request for an ETP.

7.  National Guard Regulation 600-7 (SRIP), paragraph 2-5, states bonus contracts are valid only with BCNs which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

8.  A Principal Deputy Under Secretary of Defense memorandum delegates a determination to the Secretary concerned on a case-by-case basis that bonus repayment will not be required if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests payment of an REB in the amount of $2,500.00 per his NGB Form 600-7-3-R-E.

2.  The evidence confirms he extended his enlistment in the TNARNG on 4 December 2010, opting for an REB in the amount of $2,500.00.  He received the first installment of the bonus in the amount of $1,250.00.

3.  Although an ETP was requested, it appears the request to retain the $2,500.00 REB offered to the applicant was subsequently denied by NGB because his BCN was requested after the date of reenlistment/extension and the contract/bonus addendum was signed after the reenlistment/extension documents.  However, the applicant's TNARNG troop commander states:

* the applicant met the criteria for the bonus and received a BCN
* he signed the DA Form 4836 and bonus addendum on 4 December 2010
* the BCN was requested by the unit's previous recruiter on 29 December 2010

4.  The fact that his BCN was requested after the contract date was no fault of the applicant.

5.  Therefore, notwithstanding the NGB memorandum denying him an ETP to retain the REB and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he requested and received approval for an ETP to retain the REB and pay him the full REB in the amount of $2,500.00.

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 State ARNG records of the individual concerned be corrected by:

	a.  showing his request for an ETP to retain the $2,500.00 REB was approved;

	b.  showing the Department of the Army and TNARNG authorized him to receive the REB in the amount of $2,500.00 as agreed in his NGB Form 600-7-3-R-E, dated 4 December 2010; and

	c.  paying him the second installment of the REB in the amount of $1,250.00 as a result of the aforementioned corrections and refunding any money collected as a result of recoupment action.



      ______________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)                                         AR20150006247



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150006247



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1