IN THE CASE OF: BOARD DATE: 3 January 2012 DOCKET NUMBER: AR20110012056 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 correction of his records to show he is entitled to an additional $2,000.00 reenlistment bonus (REB). 2. The applicant states there were no bonuses for a 6-year reenlistment at the time. He executed a 6-year commitment in order to receive bonuses under a provision that required two consecutive 3-year enlistments. 3. The applicant provides copies of a 2004 DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) with a National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to the DA Form 4836); a 30 November 2010 Incentives Manager, Kentucky Army National Guard (KYARNG) memorandum; a 3 February 2011 NGB REB denial memorandum, and a 2004 NGB Selected Reserve Incentive Policy (SRIP) Guidance memorandum. CONSIDERATION OF EVIDENCE: 1. The applicant, with 3 years of prior Federal service, enlisted in the KYARNG on 15 January 2000. He attained the rank of staff sergeant and was honorably discharged on 3 October 2010. 2. A 5 August 2004 DA Form 4836 shows the applicant extended his enlistment for 6 years. At Section III of Annex R, it states the applicant would receive $2,500.00 for the first 3 years of the reenlistment and $2,000.00 for the second consecutive 3-year reenlistment. 3. The applicant served on active duty from 2 October 2004 through 21 November 2005 including a deployment to Iraq from 17 November 2004 through 27 October 2005. 4. The applicant received the REB for his first three-year reenlistment period; however, upon completion of the six-year commitment he was advised that he was not entitled to the second half of the reenlistment bonus. 5. On 30 November 2010 the NYARNG Incentives Manager submitted a memorandum requesting that the applicant be authorized the second section of the REB. It was stated that by extending for six years and signing the reenlistment document it is clear the applicant and his unit intended to take advantage of the back-to-back enlistment option and bonus. 6. On 3 November 2011 the Chief, Education, Incentives, and Employment Division, NGB, denied the $2,000.00 three-year incentive option. It was stated that the applicant did not execute a second three-year extension or REB Addendum after the completion of the initial three years was completed. Based on the lack of a second contract it was determined that the applicant was ineligible for the second bonus. 7. The applicant's record contains no evidence that he was required to execute a new reenlistment contract at the time he completed his first three-year period. 8. The 15 March 2004 NGB SRIP Guidance memorandum sets forth the provisions for entitlement to enlistment and REB's as in effect in 2004. Included in the memorandum is an option to reenlist in two three-year back-to-back increments, for a total of six years, for entitlement to REB's totaling $4,500.00. DISCUSSION AND CONCLUSIONS: 1. The reenlistment contract, executed by the applicant on 5 August 2004, specifically states that he was extending his original enlistment contract for a total of six years in order to be eligible for the special REB option. This option was initialed by the applicant on the 2004 enlistment contract appendix. There is no reference in the contract to his having to execute second contract at the end of the first three-year period to continue to serve or be entitled to the second bonus. 2. The applicant's record contains no evidence that, upon completion of the first three years of his six-year extension, he was notified that he had to execute a second three-year contract to receive the second portion of the REB noted on the 2004 contract. 3. In good faith the applicant agreed to continue his service for six years in exchange for the back-to back bonuses. The National Guard and the Army received the total six years of service and it is inappropriate to deny the applicant the second bonus due to administrative errors on the part of the military. 4. Therefore, it is appropriate to correct the applicant's records to show that upon completion of his first three-year extension, the applicant properly executed a second three-year extension in compliance with the requirements for the consecutive enlistment requirements as outlined in Section III of the 5 August 2004 Annex R to the DA Form 4836 and that the applicant is eligible for the second 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 records of the individual concerned be corrected by showing that the applicant properly executed a three-year extension agreement in compliance with the requirements for the consecutive reenlistment requirements as outlined in Section III of the 5 August 2004 Annex R to the DA Form 4836 and a second three-year extension agreement at the appropriate time, making him eligible for the second, $2,000.00 bonus. _______ _ 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) AR20110012056 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012056 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1