IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20160000297 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20160000297 BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 the applicant executed a properly-constituted Reenlistment/Extension Bonus (REB) Addendum in the amount of $4,000.00 on 7 August 2015 * paying him any portion of this incentive he has earned since that date in accordance with the terms of the 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20160000297 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 REB with the Idaho Army National Guard (IDARNG). 2. The applicant states he contracted for a 2-year REB in the amount of $4,000.00 in military occupational specialty (MOS) 13B (Cannon Crewmember) with a contract start date of 12 December 2015. The DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was generated through the Retention Management Software (RMS) with the correct rule selected in order for him to receive a bonus. However, the system failed to generate the addendum. Due to training and no enlistment bonus experience he was unaware that an addendum was required in order to contract for the bonus. The proper steps were taken and it was intended for him to be issued the REB. The IDARNG requested an ETP for his retention of the REB, but it was denied. 3. The applicant provides copies of his RMS Case Screen for Reenlistment information, DA Form 4836, and two ETP memoranda. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the IDARNG for an 8-year term on 13 December 2007. He entered active duty for training (ADT) on 15 January 2008 and he completed required training for award of MOS 13B. 2. Orders Number 126-388, issued by Headquarters, U.S. Army Installation Management Command, Fort Sill, on 5 May 2008, awarded him MOS 13B effective 22 May 2008. He was honorably released from ADT on 24 May 2008 and was transferred to his ARNG unit. 3. He provided a copy of his RMS Case Screen for Reenlistment information, dated 7 March 2014, showing he was eligible for retention or other bonus. 4. On 7 August 2015, he extended his enlistment in the IDARNG for 2 years. His record is void of an REB addendum. However, his records contain and he also provides copies of: a. A Memorandum for Record, dated 1 October 2015, in which the IDARNG, Battery A, unit administrative noncommissioned officer (NCO), requested an ETP for the applicant due to the applicant's reenlistment being hastily completed the day before the applicant's unit departed for the National Training Center. The IDARNG official stated he attempted to process the extension using the RMS; however, he incurred multiple issues with the program. The RMS failed to produce the form required for the applicant to sign in order to receive the bonus. He, not the applicant, was fully responsible for the mistake. b. A Request for ETP for REB memorandum, dated 18 November 2015, in which the National Guard Bureau (NGB), Chief, Personnel Programs, Resources and Manpower Division, advised the IDARNG of the denial of the applicant's retention of the REB and termination of the incentive with recoupment effective the contract start date. The NGB official stated a written agreement could not be located in the applicant's records which violated the Department of Defense Instruction (DODI) 1205.21, paragraph 6.2. REFERENCES: 1. DODI 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 2. Updates to the ARNG Selected Reserve Incentive Programs Policy for Fiscal Year 2014, effective 10 February 2015, show the ARNG replaced the 3-year REB with a 2-year REB in the amount of $4,000. DISCUSSION: 1. The applicant extended his enlistment in the IDARNG on 7 August 2015. The applicant's unit administrative NCO confirmed that RMS verified the applicant was eligible for retention and a bonus. He stated that due to multiple issues the RMS failed to produce the required form for the applicant to sign before departing for unit training. An addendum was never completed through no fault of the applicant. 2. The applicant should not be penalized for errors that occurred through no fault of his own. He acted in good faith and he continues to serve in the ARNG. As a matter of equity, his records should be corrected by showing he executed a properly-constituted addendum for a 2-year REB in amount of $4,000.00 on 7 August 2015. As a result of this correction, any portion of this incentive he has earned since that date should be paid in accordance with the terms of the addendum. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2