IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005376 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 reconsideration of his previous request for correction of his records to show he was entitled to a $15,000 reenlistment bonus for his reenlistment in 2006. 2. The applicant states he is providing a new argument and new evidence that were not previously considered. 3. The applicant provides a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), screenshot of History of Actions from the Strength Maintenance Management System (SMMS), memorandum, letter, and Army Board for Correction of Military Records (ABCMR) AR20130011919 Record of Proceedings (ROP). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130011919, on 27 March 2014. 2. As a new argument, the applicant states: a. The DA Form 4836 he provides shows he reenlisted under Rule B and the history of actions shows on 12 January 2006 his contract was verified and queued for establishing the contract was performed. It was brought to his attention that the person who was to input the paperwork in the Information Management and Reporting Center (iMARC) system was relieved of duty and medically discharged. Her illness affected her memory and could be the reason his paperwork was not uploaded in the iMARC system. b. He understands that in 2005 reenlistment bonuses were both military occupational specialty (MOS) driven and not MOS driven; he believes his $15,000 bonus was not MOS driven. Not having proof makes it hard to claim recoupment is unjust. However, it is unjust to recoup a $15,000 bonus for a 3 month difference in his contract due to an MOS change. He does agree that prorating the recoupment for the 3-month MOS change at a reasonable amount of $624.99 per month (or $1,382.17) is just. 3. As new evidence the applicant provides: a. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 13 December 2005, wherein it shows he extended his enlistment in the Montana Army National Guard (MTARNG) on that date for a period of 6 years. His expiration of term of service had been 8 February 2006 and his new ETS was 8 February 2012. This form shows the authority and reason for the extension as National Guard Regulation 600-200, Table 7-1, Rule B. This document was date-stamped as processed on 11 January 2006. b. A History of Actions screenshot for the extension bonus contract with a start date of 8 February 2008, end date of 7 February 2012, contract amount of $15,000, and bonus MOS of 88M (Motor Transport Operator) . The actions taken shows, in part: * on 14 December 2005, contract verified * on 12 January 2006, awaiting to be certified by the National Guard Bureau (NGB) * on 6 September 2012, contract established; data imported from iMARC * 18 October 2012, contract completed; marking contract complete * 11 June 2013, initial termination review; per denied exception to policy (ETP) bonus must be terminated with full recoupment due to missing addendum * 2 July 2013, second termination review; terminating bonus per denied ETP with full recoupment due to missing addendum; terminate on 8 February 2006 4. The applicant enlisted in the California ARNG on 8 February 2000 for a period of 6 years; his ETS was 7 February 2006. On 3 May 2001, he transferred to the MTARNG; he held MOS 88M and he was assigned to the 639th Quartermaster Company, Kalispell, MT. 5. His record contains an Annex K to DD Form 4 (Montgomery GI Bill (MGIB) Kicker Incentive Addendum), dated 8 February 2006, wherein it shows, in part * he was a current ARNG Soldier who had served for the past 3 consecutive years * he had never contracted for the MGIB Kicker in a Reserve Component (RC) before * he was immediately extending his enlistment to serve in a valid position vacancy in a MGIB Kicker MOS and unit in the ARNG * he held as primary the MOS of the position for which he was extending for the rate of $200 6. On 10 September 2012, by memorandum, the Joint Force Headquarters (JFHQ), MTARNG, requested an ETP to allow the applicant to retain a $15,000 bonus related to his 12 December (i.e. 13 December) 2005 enlistment. It stated the applicant extended his enlistment in the MTARNG and signed NGB Form 600-7-3-R-E (Annex R - Reenlistment/Extension Bonus Addendum - ARNG) with a valid bonus control number. The Selected Reserve Incentive Program (SRIP) addendum and corresponding DA Form 4836 were not filed in iPERMS due to no fault of the Soldier. His brigade commander indicated the change in his MOS was a critical leadership fill for the unit and battalion. 7. On 29 May 2013, by memorandum, the NGB denied the ETP to allow the applicant to retain a $15,000 bonus, with recoupment effective 8 February 2006. It stated his 8 February 2006 contract/bonus addendum could not be found which violated ARNG SRIP 06-05. The applicant moved out of his contracted MOS prior to the completion of the contract, and the DA Form 4836 was executed after (i.e. prior to) the date of extension. 8. His record is void of any Bonus Addendum that shows he extended on 13 December 2005 or 8 February 2006 for a bonus of $15,000. 9. National Guard Regulation 600-200 (Enlisted Personnel Management) then in effect stated Table 7-1, Rule A, applied to extensions of service for Soldiers with less than 10 years of service at ETS who were extending for 1, 2, 3, 4, 5, or 6 years. Table 7-1, Rule B, applied to extensions of service for Soldiers with 10 years or more of service at ETS who were extending for a period of 3, 4, 5, or 6 years. DISCUSSION AND CONCLUSIONS: Although the applicant provided evidence that shows he extended his enlistment in the ARNG for a period of 6 years on 13 December 2005, he has not provided any evidence that shows in conjunction with this extension he contracted for or was promised a reenlistment bonus of $15,000. In addition, for an 8 February 2006 Bonus Addendum to be valid, he would have had to extend his enlistment on that date and not almost 2 months prior to the date of an addendum. There is no evidence that shows this occurred. 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 to amend the decision of the ABCMR set forth in Docket Number AR20130011919, dated 27 March 2014. ____________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) AR20150005376 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005376 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1