IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150004474 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). 2. The applicant states: a. He is unable to receive the $10,000.00 incentive bonus for a 6-year contract due to exceeding the time in service (TIS) per the National Guard Bureau (NGB) policy. He elected a 6-year contract instead of a 3-year contract due to the $10,000.00 bonus. He was directed to initiate paperwork for the bonus knowing that he would be eligible for the bonus. He signed the paperwork a year out from his expiration of term of service (ETS) date knowing he would make the cut for bonus eligibility. b. The NGB policy is no more than 13 years TIS on the date of ETS. The REB contract/addendum was initiated and it was his belief that he was under the 13-year TIS mark and that he met all criteria and regulations to the policy. His REB contract was initiated by the battalion career counselor. His name was then submitted in the Guard Incentive Management System (GIMS) for eligibility which returned favorable. The bonus contract/addendum was then reviewed by his company recruiter and again by the battalion career counselor who completed his contract. The contract was then forwarded through the battalion and State levels for review where no issues were found. At no time was it an effort to circumvent the policy. He, in good standing order, believed he was eligible for this bonus as well as all other parties involved. 3. The applicant provides copies of the following: * DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) * Vermont ARNG (VTARNG) 6-Year Reenlistment Incentives form * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * Annex R to DA Form 4836 (REB Addendum, Army National Guard (ARNG) of the United States) * Request for ETP for REB memorandum * Memorandum of Support CONSIDERATION OF EVIDENCE: 1. The applicant initially enlisted in the VTARNG on 13 February 2001 and he held military occupational specialty 11B (infantryman). 2. He provided copies of the following: a. A VTARNG 6-Year Reenlistment Incentives form he signed on 1 March 2012. b. A DA Form 4836, dated 12 February 2013, extending his enlistment in the VTARNG for 6 years. His established ETS of 12 February 2014 was extended to 12 February 2020. c. An Annex R, dated 12 February 2013, he executed and signed for entitlement to a REB under the Selected Reserve Incentive Program (SLRP). The Annex R stated in: (1) Section II (Eligibility): Item 1 – "I meet all reenlistment or extension eligibility criteria in accordance with NGB ARH Policy Memorandum Number 09-026, dated 13 August 2009, Sections II, III, and/or V (Annex A: Interim Policy for Extension, Immediate Reenlistment, and Bar to Reenlistment/Immediate Reenlistment/Extension)." Item 7 – "I must have less than 13-years TIS at time of my current ETS or I had less than 13-years TIS on the date of my Deployment Extension Stabilization Pay (DESP) extension. This service is computed from my adjusted Pay Entry Basic Date (PEBD). The "total military service criteria" includes inactive reserve time in the Individual Ready Reserve and/or Inactive NG. Current PEBD: 13 February 2001." Item 8 – "I am reenlisting/extending within 365-91 days of my current ETS or was within 365-91 days of my ETS on the date of my DESP extension. Reenlistment/extensions completed 90 days or less from ETS are not valid. Current Number of Days from ETS on this REB contract signature date or Number of Days from ETS on date of DESP Extension: 365." (2) Section III (Bonus Amount and Payments): Item 1b – "I meet all reenlistment/extending for 6 years and will receive a total bonus in the amount of $10,000.00. My bonus will be processed effective the date after my current ETS as a lump-sum payment." Item 2 – REB Payment Rates – "REB payments amount is determined on the number of years reenlisting/extending for 365-91 Day before ETS." Item 3 – "I understand that I will not receive payment if I do not meet all eligibility requirements on my contract start date (Day after current ETS). The reenlistment/extension will be verified by the State Incentive Manager (IM) prior to any payment being processed." Item 5 – "I have read Section III and understand the contents thereof." (3) Section VIII (Statement of Understanding): "I have read the entire addendum and understand all of the above statements concerning my REB. I also understand that this addendum will be void if I do not meet all of the requirements at the time of signature. If my REB is terminated, recouped, or depreciated, I understand that it does not affect the term of my contractual agreement. No other promises have been made to me in connection with this addendum." (4) The Annex R form was dated 1 October 2012 and stated previous editions of the form were obsolete. (5) Section IX (Certification By Service Representative): Contains the signature and rank of the service representative, the typed name and rank of witnessing officer, and a bonus control number (BCN). d. A Request for ETP for the REB memorandum, dated 28 January 2015, in which the NGB, Deputy G1, ARNG, advised the VTARNG of the denial of the applicant's retention of the REB with termination effective the contract start date. The NGB official stated: (1) The applicant exceeded the TIS requirement to be eligible for the incentive and his contract/bonus addendum was obsolete which both violated ARNG SRIP Policy Number 13-01. (2) The applicant exceeded 13 years TIS on the date of his ETS making him ineligible to contract for the REB; therefore, the ETP was denied. The applicant was granted relief from recoupment as no payments had been made. e. A Memorandum of Support, dated 6 March 2015, in which a staff member of the Military Personnel Office (MILPO), VTARNG, endorsed support for the applicant to retain the $10,000.00 REB. The VTARNG official stated: (1) The applicant was led to believe that he met eligibility criteria according to SRIP NGB Incentive Policy Number 13-01 on the day of reenlistment. The contract control number was requested by the State Enlisted Career Counselor (SECC) in the GIMS prior to reenlistment and the contract was electronically authorized and produced. However, there was an error with the applicant's eligibility which was neither caught by the ARNG IM System nor the SECC. The contract was allowed to be established by the State IM as well as the NGB Incentive Support Team (IST) and the error was not discovered until the applicant's initial payment was due. (2) The applicant's contact/bonus addendum violated the ARNG ARIP due to the fact that the applicant would have had exactly 13 years of Federal service on the date his contract would start. Only Soldiers under 13 years qualified in accordance with the NGB policy. That was an automation error in the GIMS as it should never had allowed the contract to be printed or issued per the Policy Number 13-01. The State IM requested an ETP based on no fault to the Soldier; however, that was denied by the NGB. (3) The applicant accepted an incentive offer in good faith and had otherwise fulfilled the obligations under the contract as of the date of this request. Therefore, withholding payment of the incentive would be against equity and good conscience and contrary to the best interest of the Army. (4) The MILPO was aware of those cases and was providing the necessary training to those involved in the GIMS application process in order to prevent any injustices that could come to the Soldier from no fault of their own. 3. ARNG SRIP Policy Number 13-01 states entitlement to an incentive will be terminated when the Soldier has exceeded the 13 years TIS on the date of their ETS. DISCUSSION AND CONCLUSIONS: 1. The applicant initially enlisted in the VTARNG on 13 February 2001. He executed and signed an Annex R on 13 February 2013 extending his enlistment for 6 years contingent on a REB. At the time he had completed 13 years of Federal service. 2. Per ARNG SRIP Policy Number 13-01 the NGB denied the applicant's ETP for the REB as only Soldiers under 13 years TIS qualified. 3. Notwithstanding the GIMS erroneously allowing the applicant's contract to be established by the State IM as well as the NGB IST and the obsolete addendum, the addendum clearly shows that he acknowledged he understood the eligibility requirement that he must have had less than 13 years TIS at the time of his current ETS on the date of extension. He exceeded the TIS requirement on the date of his extension. As such, he was not eligible for the incentive. 4. There is no evidence and he provided insufficient evidence showing he was unjustly or erroneously denied the REB. Without evidence to the contrary, the action taken by the NGB, Deputy G-1, to terminate the incentive 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) AR20150004474 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004474 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1