IN THE CASE OF:  	  

		BOARD DATE:  25 August 2015  	  

		DOCKET NUMBER:  AR20150011350 


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, that a bonus control number (BCN) be added to his Reenlistment/Extension Bonus (REB) Addendum thereby authorizing him payment of a $5,000 REB. 

2.  He states a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) with a bonus addendum was executed on 27 December 2009.  He was fully qualified and eligible for the incentive at the time, but due to a clerical error, a BCN was not requested prior to the signature date.  He was notified that due to this discrepancy, his bonus would be terminated and recouped.  He states he requested payment as an exception to policy (ETP), but his request was denied.

3.  He provides:

* DA Form 4836
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 REB Addendum), dated 27 December 2009
* Memorandum, subject:  Request for ETP Enlistment Bonus, dated 1 April 2015 
* DA Form 4187 (Personnel Action), dated 27 January 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he enlisted in the Florida Army National Guard (FLARNG) on 28 December 2004.  On 5 July 2009, he was ordered to active duty in support of Operation Iraqi Freedom.  On 27 December 2009, he executed an extension of his enlistment in the FLARNG for a period of 6 years.

2.  The NGB Form 600-7-3-R-E shows:

	a.  Section III (Bonus Amount and Payments continued), paragraph 2 states, "I will receive a total bonus payment of $5,000 for a 6-year reenlistment/ extension in a valid vacant MTO&E (Modified Table of Organization and Equipment). . . unit."  However, his initials acknowledging this information are not contained in this paragraph, but are contained in all other paragraphs in this section as required.

	b.  Section III, paragraph 3, states, "I understand that I will not receive a payment if I do not meet all requirements at the time my reenlistment/extension takes effect.  My reenlistment/extension will be verified by the State Incentive Manager prior to any payment being processed."

	c.  Section VII reflects the applicant acknowledged and understood the contents thereof.

	d.  Section VIII (Authentication) shows the applicant, enlisting official, and the service representative signed and dated the contract on 27 December 2009.  A BCN is listed on this contract.

3.  On 28 December 2009, the applicant signed a DA Form 4836 acknowledging that on 27 December 2009, he voluntarily extended his current enlistment/reenlistment agreement of 28 December 2004 for 6 years in the FLARNG.  The certification officer (commander) signed this form on 
27 December 2009.

4.  On 27 January 2015, the commander signed a DA Form 4187, correcting the applicant's signature date on the DA Form 4836 from 28 to 27 December 2009 (the same date as the certification officer and the NGB Form 600-7-3-R-E).

5.  On 1 April 2015, the applicant's request for an ETP to retain the $5,000 REB was denied.  The Deputy G1, ARNG explained that the applicant enlisted in the FLARNG in Unit Identification Code QH2AA on 27 December 2009, for a $5,000 bonus in contracted military occupation specialty 88M (Motor Transport Operator).  He further stated the State Incentive Manager will terminate the applicant's bonus with recoupment for the following reasons:

* the applicant's BCN was requested after the date of reenlistment/extension 
* his bonus options were not initialed

6.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 3, paragraph 6 provides that reenlistment or extension bonus contracts are not valid without BCNs.  These control numbers are issued from the State Incentive Management Office to the retention NCO and reported to the NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs and the accuracy of reenlistment or extension documents.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a DA Form 4836 on 27 December 2009 executing a 6-year extension of his enlistment in the FLARNG.  On 27 December 2009, he completed and signed an REB Addendum which shows he was promised a $5,000 bonus which he was authorized.  However, his initials are not contained in Section III, paragraph 2, verifying the bonus option and the BCN was requested after the date of his extension.

2.  The Deputy G1, ARNG denied his request for an ETP citing the BCN was requested after the date of the reenlistment/extension and his bonus option was not initialed.

3.  The evidence of record shows the applicant executed a 6-year extension in the FLARNG in good faith and complied with all terms of the contract offered to him.  It appears the service representative neglected to have him initial the bonus option paragraph.  Additionally, due to no fault of his own, the BCN was not issued at the time of his extension and this deprived him of the bonus.  Therefore, he should be entitled to receive payment of the bonus.

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

   a.  on 27 December 2009, he completed an addendum authorizing him payment of a $5,000 REB, it was properly signed by all required officials, and the document was assigned a BCN; and

   b.  paying him the REB in the amount of $5,000 and terminating any recoupment action being considered.



      _______ _  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)                                         AR20150011350



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ABCMR Record of Proceedings (cont)                                         AR20150011350



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