ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2019 DOCKET NUMBER: AR20160017481 APPLICANT REQUESTS: in effect, reversal of the decision by the National Guard Bureau (NGB) to deny her exception to policy (ETP) request to retain the Reenlistment Bonus (REB) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * Annex R to DD Form 4 of DA Form 4836 * DA Form 2823 (Sworn Statement) * Memorandum, Subject: ETP for Applicant, dated 3 May 2014 * Memorandum Subject: Request for ETP for REB (Applicant), dated 16 January 2015 * DA Form 4187 (Personnel Action) * Memorandum Subject: Second Review Request for ETP for REB (Applicant), dated 25 November 2015 FACTS: 1. The applicant states that she reenlisted with her recruiter who she believes has the responsibility to ensure reenlistments are accurate but later found out that errors were made by her recruiter now resulting in a $5,000 debt of her $10,000 bonus. She has only received $5,000 before the errors were discovered and the bonus terminated. a. On 20 May 2009, applicant signed her reenlistment contract for six years and a $10,000 bonus. The bonus was supposed to be distributed in increments of 50%, 20% and 30%. b. Upon later review, several errors were noted in the original contract. The unit identification code (UIC) was not previously identified as a critical need organization. The contract/bonus addendum was missing the enlisting official’s and service representative’s signature dates. The contract/bonus addendum contained missing critical UIC or is illegible in the space provided. The bonus control number was requested after the date of the extension. The bonus control number was requested for a different bonus amount. 2. The applicant provides: a. A sworn statement dated 25 January 2014 from the applicant states that she signed a six year reenlistment contract for a $10,000 bonus. She was initially anticipating serving the remainder of her initial contract in the individual ready reserve. The only reason she elected to reenlist in the guard was for the incentive bonus of $10,000. b. An ETP to retain the REB was submitted on 3 May 2014 by the applicant to the Deputy Chief of Staff for Personnel (DCSPER) who non-concurred with the request, as the UIC was not listed as being a critical UIC at the time of reenlistment, however he concurred with allowing the applicant to retain the amount previously paid. c. An ETP to retain the $5,000 REB was submitted and approved on 16 January 2015 by the Deputy G1. d. An ETP to retain the $10,000 REB was submitted on 25 November 2015 by the applicant and was disapproved by the Chief of Personnel Programs, Resources and Manpower Division. 3. A review of the applicant’s service records shows: a. She enlisted in the Florida (FL) ARNG on 21 January 2004 b. She served in Kuwait from 2 January 2010 to 8 January 2011 c. On 20 May 2009 she reenlisted in the ARNG for a period of six years. In connection with this reenlistment, she executed an Annex R to DD Form 4 or DA Form 4836 wherein she reenlisted for a critical UIC bonus. This addendum shows that she was military occupational specialty qualified for the position commensurate with the vacancy that she was extending/reenlisting for six years and a $10,000 bonus. She and the enlisting official authenticated this form with their signatures. d. On 3 May 2014, FLARNG non-concurred with the request, as the UIC was not listed as being a critical UIC at the time of reenlistment, however he concurred with allowing the applicant to retain the amount previously paid. * the UIC was not previously identified as a critical UIC * the bonus control number (BCN) was not written on the addendum * the service representative and enlisting official failed to date the addendum * the BCN was approved after the contract date e. On 16 January 2015, National Guard Bureau (NGB) approved the request to retain the $5,000 REB. f. On 25 November 2015, upon a second review of the request, the NGB disapproved her request for ETP for the following discrepancies listed below: * Contracted for the critical UIC option, however, the UIC could not be validated as an authorized critical UIC which violates ARNG SRIP (Selected Reserve Incentive Program) 07-06 * Contract/bonus addendum is missing the Enlisting Official’s and Service Representatives signature dates which violates ARNG SRIP 07-06 * Contract/bonus addendum contains a missing critical UIC or is illegible in the space provided which violates ARNG SRIP 07-06 * Bonus Control Number was requested after the date of extension which violates ARNG SRIP 07-06 * Bonus Control Number was requested for a different bonus amount which violates ARNG SRIP 07-06 * The UIC in which the applicant was serving at the time of the extension was not a critical UIC * The applicant was eligible for the $5,000 incentive in which is listed on the addendum which was signed on the date of the extension 3. By policy, the ARNG offers a REB critical UIC bonus to REB Soldiers who meet the following eligibility requirements: * Reenlist/extend into a critical UIC * Applicants who reenlist/extend for a six year enlistment option will receive a $10,000 bonus * Applicants who reenlist/extend for a three year enlistment option will receive a $5,000 bonus BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found there was insufficient evidence to show that there was an error or injustice which would warrant making a change to the record. Based upon the discrepancies outlined above by the NGB as to why the disapproved the request, the Board concluded there was no error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCE: Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) guidance for FY 2007-2009, 10 August – 30 September 2009 (Policy Number 07-06) with updates states that the ARNG offers a Reenlistment Bonus (REB) critical unit identification code (UIC) bonus to REB Soldiers who meet the following eligibility requirements: * Reenlist/extend into a critical UIC * Applicants who reenlist/extend for a six year enlistment option will receive a $10,000 bonus * Applicants who reenlist/extend for a three year enlistment option will receive a $5,000 bonus ABCMR Record of Proceedings (cont) AR20160017481 5 1