IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160010141 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160010141 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160010141 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 entitlement to a $3,000 Non-Prior Service (NPS) Enlistment Bonus (EB) and a $5,000 Reenlistment/Extension Bonus (REB); in effect, terminating the recoupment action directed by the National Guard Bureau (NGB). 2. The applicant states he enlisted in the Army National Guard (ARNG) in 2003 with a $3,000 EB; however, the EB Addendum was not signed on the same date as the date of his enlistment contract. He reenlisted in 2009 with a $5,000 REB and the REB Addendum had a similar error. a. He received payment for his entire EB, but he only received payment of one-half ($2,500) of the total amount of the REB. b. The California ARNG (CAARNG) revoked his entitlement to both the EB and REB. He was informed the contracts do not meet regulatory requirements and that he did not qualify for the 3-year reenlistment with REB. He was also notified of a recoupment action pertaining to the bonus monies that he was paid. He questions the ARNG's determination that the two contracts were not valid. c. He adds that he reenlisted in 2012 for a period of 6 years with a $10,000 REB; however, he cannot receive payment until the EB/REB debt is eliminated. 3. The applicant provides copies of his EB, REB, exception to policy (ETP) documents, and the NGB's decision. CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the ARNG of the United States (ARNGUS) on 15 December 2003 for a period of 8 years and the Missouri ARNG (MOARNG) for a period of 6 years. Section B (Agreements), Remarks, is blank. a. A Guard Annex (Enlistment/Reenlistment Agreement ARNG – Service Requirements and Methods of Fulfillment) shows he enlisted for assignment to Detachment 1 (Det 1), Headquarters and Headquarters Company (HHC), 2nd Battalion, 137th Infantry (2/137 IN) and attendance at the school course for military occupational specialty (MOS) 92G (Food Service Operations). The applicant and the service representative signed the form on 15 December 2003. b. An EB Addendum ARNGUS shows he enlisted for assignment to Det 1, HHC, 2/137 IN, and MOS 92G with a $3,000 NPS EB. It also shows in: * the Header section: Control Number: E03120009KS * Section III (Payments), in pertinent part – * I will receive a total bonus of $3,000. I will receive my first bonus payment of 30% of the total authorized amount, less taxes, when I complete IADT [Initial Active Duty for Training] and I am awarded the MOS for which I enlisted. * Anniversary payments will be made as follows – * 20%, less taxes, on the 3rd anniversary date of enlistment * 20%, less taxes, on the 4th anniversary date of enlistment * 30%, less taxes, on the 5th anniversary date of enlistment * Section V (Termination), in pertinent part: I understand that I will be terminated from bonus eligibility, with recoupment, if I voluntarily transfer to a non-bonus unit or out of a critical skill/combat arms skill MOS for which the incentive was received and recoupment will be effective on the date of transfer. If I enlisted for a basic EB, I must remain in the bonused MOS for 24 months or the incentive will be terminated with recoupment. * Section VIII (Authentication) and Section IX (Certification by Service Representative), the applicant and enlisting official signed the document on 22 December 2003 2. Military Entrance Processing Station, Kansas City, MO, Orders 3358028, dated 24 December 2003, ordered the applicant to IADT on 27 April 2004 for approximately 17 weeks for the purpose of basic training and advanced individual training in MOS 92B. 3. An NGB Form 22-5-E (Addendum to DD Form 4) shows the applicant voluntarily transferred interstate to the CAARNG with continued membership in the ARNGUS and as a Reserve of the Army effective 19 April 2004. It also shows his expiration term of service (ETS) as 14 December 2009. 4. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), executed on 13 May 2009, shows the applicant extended his 3-year term of enlistment in the MOARNG for a period of 3 additional years in the CAARNG and established his ETS as 14 December 2012. An attached 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 – * Section III (Bonus Amount and Payments) – * paragraph 1a (3-Year Reenlistment/Extension in a Critical UIC [Unit Identification Code]), I will receive a total bonus payment in the amount of $5,000 for a 3-year reenlistment/extension in the NGB approved Critical UIC of "WP96TO" [HHC, 79th BSTB (Brigade Combat Team Special Troops Battalion), San Diego, CA]. (It sets MOS skill levels 10/20/30 at 105% strength and sourced elements at 110% strength for the unit.) First 50% installment will be processed on the date of my reenlistment/extension contract takes affect; second 20% installment will be processed on the second year anniversary date of my contractual agreement; third and final 30% installment will be on the third year of my contractual agreement. (It shows his initials.) * paragraphs 1b and 2 (6-Year Reenlistment/Extension in a Critical UIC – MTOE [Modified Table of Organization and Equipment]) set MOS skill levels10/20/30 at 110% and 105% strength, respectively.) * paragraph 3, 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. (It shows his initials.) * Section VIII (Authentication) and Section IX (Certification by Service Representative) show the applicant, the enlisting official, and a witness signed the document on 12 May 2009 * Footer section: Bonus Control Number (BCN): R09050018CA 5. Joint Force Headquarters, CAARNG, Sacramento, CA, Orders 259-1043, dated 16 September 2009, promoted the applicant to sergeant/pay grade E-5 in primary MOS (PMOS) 92G2O, effective 9 September 2009. 6. The applicant's Enlisted Record Brief, dated 13 May 2011, shows in Section I (Assignment Information) the applicant held PMOS 92G2O with an EB eligibility date of 15 December 2003. 7. A DA Form 4836, executed on 8 February 2014, shows the applicant extended his 15 December 2003 term of service (with an ETS of 14 December 2014 as a result of 3 previous extensions) for a period of 6 additional years, thereby establishing his ETS as 14 December 2020. An NGB Form 600-7-3-R-E, in pertinent part, shows he contracted for a $10,000 REB in MOS 92G. It also shows in – * Header Section: BCN: R14020201CA * Section VIII and Section IX, the applicant, the service representative, and a witness signed the document on 8 February 2014 8. In support of his application the applicant provides the following additional documents that were not summarized above. a. Headquarters, CAARNG, Sacrament, CA memorandum, dated 21 July 2014, that notified the applicant an audit of his NPS EB and REB incentive payments revealed a discrepancy. He was informed that supporting documents to substantiate payment of his EB/REB incentives is absent from his personnel file. He was also informed of the procedures for submitting substantiating documentation and that he could submit a request for an ETP. He was afforded 30 days to submit his response to the notification. b. NGB, Arlington, VA, memorandum, dated 25 November 2015, subject: Request for ETP for REB [pertaining to the applicant], that shows the Chief, Personnel Programs, Resources and Manpower Division, denied the applicant's request for ETP to retain the $5,000 REB. (1) He noted the date of agreement/reenlistment was on 13 May 2009, the bonus amount was for $5,000.00, the UIC was WP96TO, and the MOS was 92G. He added that the applicant extended for a 3-year term of service, therefore, he was not entitled to receive an incentive; the incentive required a 6-year term of service. (2) He referenced ARNG Selected Reserve Incentive Program (SRIP) 07-06, updated 1 March 2009, and the following violations: * the applicant – * did not contract for the proper term of service for the REB incentive * contracted for the critical UIC option; however, the UIC cannot be validated as an authorized critical UIC * signed the REB Addendum before the reenlistment/extension document * the BCN was requested after the date of reenlistment/extension (3) The NGB official instructed the State Incentives Manager to terminate the incentive with recoupment effective the contract start date. c. CAARNG, 1498th Transportation Company (TC), Riverside, CA, letter, dated 29 January 2016, subject: Explaining Bonus Issues, that shows the applicant acknowledged receiving notification by the State Inspector General of California and the 1498th TC Retention Noncommissioned Officer that his EB and REB incentives are in the process of being revoked. (1) The applicant provided a summary of his 15 December 2003 enlistment in the MOARNG. He stated he was unaware that he was required to sign both his enlistment contract and the EB Addendum on the same date. The 7-day delay was due to the service representative receiving subsequent approval from the chain of command and then finalizing the documents. (2) The applicant provided a summary of his 13 May 2009 reenlistment in the CAARNG. He stated the REB Addendum was signed the day before the contract date because he was going to reenlist on 12 May 2009. He decided not to reenlist, but he was then convinced to reenlist. The service representative updated the contract date, but not the REB Addendum. (3) He also provided information pertaining to the notification of his ineligibility for the NPS EB and REB, and the actions taken to attempt to resolve the incentive discrepancies. (4) He concludes by stating he completed the contractual terms of his NPS EB and REB incentives, he is not responsible for the administrative errors, and he should not be punished for the actions of ARNG officials responsible for preparing the enlistment/reenlistment documents and who made the mistakes. REFERENCES: Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve. a. Chapter 2 (SRIP – NPS EB) provides policy and guidance for the administration of the SRIP EB. It shows EB entitlement will stop with recoupment of the bonus if the Soldier moves to a non-bonused unit or MOS. b. Chapter 4 (SRIP – REB) provides policy and guidance for the administration of the SRIP REB. It shows the term "extension" is applicable exclusively to ARNGUS Soldiers. (1) Paragraph 4-4 (Reenlistment or extension bonus) shows a Soldier with less than 6 years of total military service at current ETS, who reenlists or extends for a period of 6 years within 3 months before or 24 hours after the term of a statutory military service obligation (MSO) or completion of a Selected Reserve contractual obligation, which is earlier, is entitled to a bonus. (2) It also provides for a Soldier with at least 6 to 10 years of total military service at current ETS who reenlists or extends within 3 months before, or 24 hours, after ETS to reenlist/extend for period of 3, 4, 5, or 6 years. (3) A further review fails to shows any provisions for an REB based on a 3-year reenlistment/extension for a Soldier with less than 6 years total military service at termination of MSO or current ETS. DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show entitlement to a $3,000 NPS EB and a $5,000 REB; thereby, terminating the recoupment action directed by the NGB because he fulfilled the terms of both contracts, he received payment of the EB and partial payment of the REB, the government received the benefits of both contracts, and he is not responsible for the errors in the contractual documents. 2. Records show the applicant enlisted in the MOARNG on 15 December 2003 for a period of 6 years with a $3,000 NPS EB for a critical skill (MOS 92G) and assignment to a critical skill unit (Det 1, HHC, 2/137 IN) in the MOARNG. a. It is noted the enlistment contract did not include the EB Addendum; the addendum was signed 7 days after the enlistment contract. This is an important element of the contractual transaction, but not the overriding issue in this matter. b. The evidence of record shows the $3,000 NPS EB would be terminated with recoupment, if the applicant voluntarily transferred to a non-bonus unit or out of a critical skill MOS for which the incentive was received and that recoupment would be effective on the date of transfer. c. On 24 December 2003, the MOARNG issued orders for the applicant to attend IADT in April 2004. On 19 April 2004, about 4 months into his enlistment contract, the applicant voluntarily transferred from his MOARNG bonus unit to the CAARNG. d. He attended IADT, was awarded MOS 92G, and served in the CAARNG. e. The applicant did not fulfill the terms of his 6-year EB contract with the MOARNG. He was not awarded MOS 92G in the MOARNG and he did not serve in the bonus unit. 3. On 13 May 2009, the applicant extended the term of his 6-year, 15 December 2003 enlistment obligation for a period of 3 additional years with a $5,000 REB in critical UIC of "WP96TO" in the CAARNG, thereby establishing his ETS as 14 December 2012. a. It is noted that the REB Addendum was signed 1 day before the applicant signed his reenlistment contract. This is an important element of the contractual transaction, but not the overriding issue in this matter. b. A computation of the applicant's total military service on the date of his reenlistment/extension shows the following: 2009  05  13 date or reenlistment/extension - 2003  12  15 date of enlistment =  05  04  28 = 5 years, 4, months, 28 days of total military service on date of reenlistment/extension c. His reenlistment/extension occurred more than 3 months prior to his MSO and (then current) ETS of 14 December 2009. However, this is not the essential issue in this matter either. d. The governing Army regulation authorizes an REB for a Soldier with less than 6 years of total military service at current ETS, but only to those Soldiers who reenlist or extend for a period of 6 years within 3 months before or 24 hours after the term of a statutory MSO or completion of a Selected Reserve contractual obligation, whichever is earlier. e. The evidence of record fails to show any provisions for an REB based on a 3-year reenlistment/extension for a Soldier with less than 6 years total military service at termination of MSO or current ETS. f. The evidence of record shows the applicant acknowledged he understood that he would not receive payment for a REB if he did not meet all requirements at the time his reenlistment/extension took effect. He also acknowledged that he understood his reenlistment/extension would be verified by the State Incentives Manager prior to any payment being processed. g. A CAARNG official subsequently notified the applicant that an audit of his REB incentive payments revealed a discrepancy. He was afforded the opportunity to address the matter to the CAARNG State Incentives Manager. There is no evidence of record that shows he did so. h. The applicant's request for ETP to retain the REB was denied by the NGB because the applicant extended for a 3-year term of service; however, the REB incentive required a 6-year term of service. i. The evidence of record fails to support his contention that he was eligible for the REB. 4. There is insufficient evidentiary basis to support the applicant's request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010141 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010141 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2