BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160008031 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: 15 November 2017 DOCKET NUMBER: AR20160008031 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 Army National Guard records of the individual concerned be corrected by: a. showing she was granted an exception to policy to retain the reenlistment/extension bonus in the amount of $4,000.00 and b. paying her any portion of the reenlistment/extension bonus not already paid up to the amount of $4,000.00 as a result of this correction. _____________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: 15 November 2017 DOCKET NUMBER: AR20160008031 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 her records to allow her to retain the reenlistment/extension bonus (REB) offered at the time of her reenlistment in the Nevada Army National Guard (NVARNG) on 29 July 2015. 2. The applicant states: a. She reenlisted in the NVARNG on 29 July 2015 for an REB in the amount of $4,000.00. There was a discrepancy in her reenlistment paperwork; her paperwork reflected code F instead of code B. When her paperwork was corrected to reflect code B, her bonus was no longer included in the reenlistment contract. b. The agreement and incentive for the reenlistment was for an REB in the amount of $4,000.00. That was the deal when she reenlisted. An injustice exists because she extended until 31 January 2018 and she did not receive the REB. 3. The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * DA Form 4187 (Personnel Action) * DA Form 2823 (Sworn Statement) * memorandum from the NVARNG State Incentives Manager * request for an exception to policy (ETP), dated 19 February 2016 * National Guard Bureau (NGB) memorandum, dated 29 February 2016 * State of Nevada Office of the Military/Office of the Adjutant General memorandum, dated 2 March 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the NVARNG on 31 January 2013. 2. She was advanced to the rank of specialist effective 1 May 2015. 3. A DA Form 4836, dated 29 July 2015, shows she reenlisted/extended in the NVARNG for a 2-year period. Item 8 (Authority and Reason for this Extension) of this form shows Table 1 and Rule F. Her current expiration term of service is 30 January 2018. 4. A DA Form 4187, dated 21 January 2016, shows item 8 of her DA Form 4836 was corrected to show Table 1 and Rule B per NGB-ARH Policy Memorandum 09-026. 5. The available records do not contain a reenlistment bonus addendum. 6. She provided a memorandum from the NVARNG State Incentives Manager, dated 26 January 2016, stating: * the applicant is missing a bonus addendum and was notified of the issue * the State Incentives Manager identified the missing bonus addendum and is aware of the bonus issue 7. She provided a memorandum for ETP, dated 19 February 2016, stating: * she did not receive a copy of her REB contract * she signed a DA Form 4836 and REB addendum * she was notified a few months ago that her REB addendum was not loaded into the interactive Personnel Electronic Records Management System * she is currently in good standing with the NVARNG * she is requesting an ETP for her lost REB addendum and payment of the incentive 8. She also provided a memorandum from NGB, dated 29 February 2016, subject: Request for ETP for REB (Applicant), which states: a. An ETP request to retain the $4,000.00 REB is disapproved because a written addendum cannot be located in her records which violates Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), paragraph 6.2, which violates ARNG Selected Reserve Incentives Program 14-01. b. The REB incentive was not processed for payment; therefore, the State Incentive Manager will terminate the incentive without recoupment. REFERENCES: 1. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs. Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating 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. NGB-ARH Policy Memorandum 09-026, dated 13 August 2009, provides the following: a. Table 1 (Authorized Periods of Extension), Rule B, applies to Soldiers eligible for a retention or other bonus per current bonus policies as published by NGB-EDU and/or National Guard Regulation 600-7 (Selected Reserve Incentive Program). b. Soldiers eligible for a retention bonus or other monetary incentive may reenlist only for the period authorized for bonuses per current bonus policies published by NGB-EDU and/or National Guard Regulation 600-7. DISCUSSION: 1. By law, a recipient of a Reserve Component incentive shall be required to sign a written agreement stating he or she has been advised of and understand 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 payment of the incentive to the member. 2. The applicant requests to be allowed to retain the REB offered to her in 2015 at the time of her 2-year extension in the NVARNG. Although she contends she signed an REB addendum, the available records do not contain a written agreement for the REB. 3. The ETP letter states her request to retain the REB was denied because her bonus addendum could not be found. 4. The evidence of record shows she reenlisted/extended in the NVARNG on 29 July 2015 and her amended DA Form 4836 shows a retention or other bonus as the reason for the extension. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2