IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150004551 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 an exception to policy (ETP) to retain his $5,000 Reenlistment/Extension Bonus (REB). 2. The applicant states: a. He was denied a REB by the National Guard Bureau (NGB). Approximately 2 years ago he reenlisted in the Washington Army National Guard (WAARNG) for 3 years for a $5,000 REB. After the bonus was not paid when it was due, he went through the proper channels to find out why he was not paid the REB. He was informed that he was not eligible for the REB because he was filling a non-specific military occupational specialty (MOS). b. He tried to get an exception to policy (ETP); however, it was denied. His reenlistment was straight forward. He was MOS qualified as an 11B (Infantryman) and needed to reenlist for a promotion. At that time a bonus was being offered. He reenlisted and took the promotion. The reason for his ETP denial was that he was in a 00D (special duty assignment) slot at the time of his reenlistment; however, this was not the case. 3. The applicant provides: * memorandum, subject: Request for ETP for REB [Applicant], issued by NGB, dated 19 February 2015 * DA Form 4836 (Oath of Extension or Enlistment or Reenlistment) * NGB Form 600-7-3-R-E (Annex R to DD Form 4or DA Form 4836 REB Addendum), dated 19 February 2013 CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the Regular Army, the applicant enlisted in the WAARNG on 26 October 2010 as an 11B. 2. His Enlisted Record Brief, dated 27 October 2010, shows his MOS as 11B. 3. On 20 May 2013, he executed a 3-year extension in the WAARNG. He agreed to remain in the WAARNG during the period of this extension. His new expiration term of service date was established as 29 January 2017. 4. The NGB Form 600-7-3-R-E shows: a. Section II (Eligibility), paragraph 16, states, "I am reenlisting/extending in MOS 00D only for 3 years as the primary position holder in a rank and grade commensurate with this position and I am not coded 9993 or assigned to an ARNG Medical Management Activity and coded as 999M in SIDPERS." b. Section III (Bonus Amount and Payments continued), paragraph 2 states, in part, "I am reenlisting/extending DMOSQ (duty MOS qualified) for 3 years and will receive a total bonus amount of $5,000." c. 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." d. Section VII reflects the applicant acknowledged and understood the contents thereof. e. Section VIII (Authentication) shows the applicant, enlisting official, and the service representative signed and dated the contract on 20 May 2013. A Bonus Control Number (BCN) is listed on this contract. 5. A DA Form 2166-8 (Noncommissioned Officer Evaluation Report), dated 12 July 2014, shows he was serving in MOS 00D at the time of his reenlistment. This DA Form 2166-8 further shows his primary MOS as 11B. 6. On 19 February 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 WAARNG in Unit Identification Code Y42A0 on 20 May 2013, for a $5,000 bonus in MOS 00D. He further stated the State Incentive Manager will terminate the applicant's bonus because he was serving in a 00D duty MOS position at the time of extension, which was not an authorized MOS. The NGB did not approve the request. 7. ARNG SRIP Policy Number 13-01, effective 1 January 2013 through 30 September 2013, provided guidance to assist leadership and personnel managers in meeting and sustaining ARNG readiness requirements. The policy stated incentive eligibility had to be verified. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant completed a DA Form 4836 on 20 May 2013 executing a 3-year extension of his enlistment in the WAARNG. He completed and signed an REB Addendum which shows he was promised a $5,000 bonus. A BCN was listed on this contract. 2. The Deputy G1, ARNG denied his request for an ETP because he was serving in MOS 00D, which was not an authorized MOS; however, the contract he signed specifically list 00D as the MOS for which he was extending. A DA Form 2166-8 shows he was serving in DMOS 00D at the time of contract. 3. ARNG SRIP Policy Memorandum Number 13-01 instructs that the State/NGB reviewer is responsible for ensuring the Soldier is eligible for the REB. 4. The evidence shows the applicant signed his enlistment contract in good faith and he was not made aware of the error at the time. As such, he should not be penalized for the administrative errors committed by ARNG State officials or denied the full payment of his REB. 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 showing an ETP request was approved allowing him to retain the REB and paying him the REB in accordance with the terms set forth in the REB 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. ABCMR Record of Proceedings (cont) AR20150004551 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004551 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1