BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002385 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 BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002385 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 Army National Guard records of the individual concerned be corrected by showing an exception was approved authorizing payment of the prorated portion of the Reenlistment/Extension Bonus earned by the applicant from 4 October 2013 through his discharge effective 20 March 2017. ___________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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002385 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, correction of his military service records to show the document for a Reenlistment/Extension Bonus (REB) in the amount of $10,000.00 was properly prepared and that he is entitled to a portion of the REB. 2. The applicant states he was denied the REB due to a clerical error committed by his Unit Readiness Noncommissioned Officer (NCO). The REB Addendum the NCO submitted was signed by the applicant, but was missing the signatures of the service representative and witnessing officer. He recently decided to terminate his 6-year reenlistment contract (after serving 2 years) as a result of the REB incentive not being honored. He requests the Board grant a percentage of the REB based upon the time he served. 3. The applicant provides a copy of his request for exception to policy (ETP) for the REB. CONSIDERATION OF EVIDENCE: 1. A DD Form 4 Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) on 21 March 2008 for a period of 8 years and in the Texas ARNG (TXARNG) for a period of 6 years. His enlistment contract included a $20,000.00 Critical Skill Military Occupational Skill (MOS) Bonus for MOS 11B (Infantryman). a. Upon completion of active duty for training he was awarded MOS 11B. b. He was promoted to specialist/pay grade E-4 on 1 March 2010. c. He served in – * Kuwait/Iraq from 7 December 2009 to 9 August 2010 * Manas/Afghanistan from 1 March 2012 to 10 November 2012 2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 4 October 2013, shows the applicant extended his 21 March 2008, 6-year service agreement in the TXARNG for a period of 6 years. His expiration term of service (ETS) was established as 20 March 2020. The DA Form 4836 also shows in: * Oath of Extension – the applicant signed the form on 4 October 2013 * Officer Certification – Captain (CPT) Edwin K___ signed the form on 4 October 2013 3. An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836, REB Addendum ARNGUS), in pertinent part, shows in: * the Header section: Bonus Control Number (BCN): R13100002TX * Section II (Eligibility), he reenlisted/extended Duty MOS Qualified (DMOSQ) in MOS 11B for 6 years as the primary position holder in a rank and grade commensurate with this position * Section III (Bonus Amount and Payments), he would receive a total bonus in the amount of $10,000.00 – * the first 50% payment would be processed for payment the day after current ETS * the second 50% payment would be processed on the fourth year anniversary * Section VI (Termination), I may be terminated from REB eligibility with recoupment, if my REB addendum is signed before or after the execution date of my DD Form 4 or DA Form 4836. The termination date will be my contract start date if the REB was previously paid. * Section VIII (Authentication), the applicant signed the form on 4 October 2013 * Section IX (Certification by Service Representative) shows: * Service Representative: Sergeant First Class (SFC) Eric M. M___ * Signature of Service Representative: is blank (no signature) * Date: 4 October 2013 * Witnessing Officer: CPT Edwin L. K___ * Signature of Witnessing Officer: is blank (no signature) * Date: 4 October 2013 4. Texas National Guard, Austin, TX, Orders 062-025, dated 3 March 2017, honorably discharged the applicant from the ARNG and as a Reserve of the Army, effective 20 March 2017, based on ETS. 5. In support of his application the applicant provides the following documents: a. Two memoranda for record, subject: Request for ETP for REB. The memoranda show, in pertinent part: (1) On 3 November 2014, the applicant stated he was unaware of any discrepancies regarding his reenlistment documentation. He signed the DA Form 4836 on 4 October 2013 in SFC [James E.] H___'s office, it was supposed to be sent to SFC M___ and CPT K___ for their signature, and uploaded into the Integrated Personnel Electronic Records Management System (IPERMS). The DA Form 4836 was uploaded into IPERMS without the signatures of SFC M___ and CPT K___. (2) On 3 November 2014, SFC James E. H___, Unit Readiness NCO, TXARNG, stated he was the Readiness NCO for Company D, 1st Battalion, 143rd Infantry Regiment (Airborne). The applicant contacted him to reenlist/ extend for a $10,000.00 REB. SFC H___ then contacted SFC M___, Battalion Reenlistment and Readiness NCO, who generated the necessary paperwork to be signed. SFC H___ indicated that he reviewed email traffic between himself, SFC M___, and the Battalion S1. He stated, "I have concluded that when I sent the DA [Form] 4836 and bonus addendum to get updated in SIDPERS and uploaded in IPERMS, I mistakenly sent the unsigned bonus addendum to the S1. At which time it was actioned in both systems creating this issue due to no fault of [the applicant]." b. Joint Force Headquarters, Texas Military Department, Austin, TX, memorandum, dated 14 May 2015, subject: Request for ETP for REB Addendum Signed by [Applicant), addressed to the National Guard Bureau (NGB). It shows the Army G1, TXARNG, recommended approval of the applicant's request for ETP for the REB. He stated, "The Service Member's REB Addendum was mistakenly sent to the S1 section to be uploaded in IPERMS before being signed by a Unit Representative and the Unit Commander." c. NGB, Arlington, VA, memorandum, dated 19 October 2015, subject: Request for ETP for REB. It shows the Chief, Personnel Programs, Resources and Manpower Division, disapproved the applicant's request for ETP for REB. The basis was the REB Addendum was missing the Service Representative's and the Witnessing Officer's signatures, which violates Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures), paragraph E5.3. The State Incentive Manager was instructed to terminate the incentive with recoupment effective the contract start date. REFERENCES: DODI 1205.21 provides policy, assigns responsibilities, and prescribes procedures for management of the Reserve components incentive programs. It shows, in pertinent part, in: a. paragraph 5 (Responsibilities), the Secretaries of the Military Departments and the Commandant of the Coast Guard shall: (1) Publish guidance to implement this Instruction concerning program eligibility, dollar amounts, and recoupment procedures for Reserve component incentives. (2) Implement procedures to effectively manage the service obligations of individuals receiving incentives, ensuring that all payback periods and other requirements contained in agreements within this Instruction are met, and that recoupment measures are implemented for non-compliance. b. Paragraph 6 (Procedures), subparagraph 6.8 (Termination and Recoupment), if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. The member must refund a prorata amount to the Government, if such termination is for, in pertinent part, separation from the Selected Reserve for any reason (including enlistment or voluntary order to active duty in the active forces). DISCUSSION: 1. The applicant contends that his records should be corrected to show his REB Addendum was properly prepared and that he is entitled to a portion of the $10,000.00 REB. 2. Records show the applicant enlisted in the TXARNG on 21 March 2008 for a period of 6 years and his ETS was established as 20 March 2014. a. On 4 October 2013, he extended his 21 March 2008, 6-year service agreement for a period of 6 years and the REB Addendum authorized an REB for MOS 11B in the amount of $10,000.00. b. The applicant and his unit commander signed the DA Form 4836 on 4 October 2013. The applicant also signed the REB Addendum on 4 October 2013. However, neither the service representative nor the witnessing officer (identified on the form as the unit commander) signed the form. 3. The evidence of record shows: a. The first 50% REB payment would be processed for payment the day after current ETS (i.e., on 21 March 2014.) The second 50% payment would be processed on the fourth year anniversary. b. Eligibility for the REB may be terminated with recoupment, if the REB addendum is signed before or after the execution date of the DA Form 4836. c. The DA Form 4836 was not signed by either the service representative or the witnessing officer. 4. There is no evidence of record that shows the DA Form 4836 under review was signed by a service representative and a witnessing officer. a. The available evidence of record shows the applicant was not eligible to receive the first 50% REB payment because the REB Addendum was not signed. b. On 19 October 2015, the NGB denied his request for ETP for REB. 5. The applicant was honorably discharged from the ARNG effective 20 March 2017 prior to completing his 6-year service obligaiton. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002385 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002385 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2