ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:       17 April 2019

	DOCKET NUMBER:  AR20160017558


APPLICANT REQUESTS:  in effect, reversal of the decision by the National Guard Bureau (NGB) to deny his 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)
* Self-Authored Statement
* Memorandum, subject:  Request for ETP for REB (Applicant)

FACTS:

1.  The applicant states he was denied his extension bonus due to an administrative error that was no fault of his own.  In September 2014, he began written and oral correspondence with his human resources noncommissioned officer (HRNCO) regarding reenlistment and bonus options while assigned to 5th Battalion, 19th Special Forces Group (Airborne).  He informed the HRNCO that he was going to extend his enlistment and also wanted to receive a bonus if he was eligible.  The HRNCO indicated that he was eligible to receive a $10,000 bonus for a six year extension in the Army National Guard (ARNG).

	a.  On 2 October 2015, the HRNCO e-mailed him a promotion opportunity with the 168th Regional Training Institute (RTI).  He replied on the same date and indicated that he would only take the promotion if he received the bonus.  He spoke with the HRNCO the following day and was informed that he was eligible for the bonus if he accepted the promotion.

	b.  On 7 October 2015, he sent the HRNCO another e-mail inquiring about the extension and bonus and also informed him that he could extend his enlistment during the next drill weekend.  He signed the necessary extension and bonus paperwork during his October drill (2014).  

	c.  On 28 October 2015, he e-mailed the HRNCO and inquired about receiving his bonus and the response from the HRNCO indicated he would receive his extension bonus the day after his last expiration of term of service (ETS) before extending.  After being promoted and transferring to the gaining unit, he clearly understood he would be receiving his bonus until he received information to the contrary.

	d.  Due to an administrative error on behalf of the HRNCO, the extension paperwork succeeded the promotion orders which disqualified him for the bonus.  He was unaware this would disqualify him for a bonus otherwise he would not have accepted the promotion until he extended his enlistment.  In fact, he would have turned down any promotion opportunity that would have jeopardized his bonus.

	e.  He was transferred into an immaterial military occupational specialty (MOS) 00F prior to signing the bonus and extension paperwork.  The HRNCO should have had him sign the bonus documents before transferring to the new unit and accepting the promotion.  The NGB conducted a thorough investigation into the matter and noted the discrepancy which violates ARNG Selected Reserve Incentives Program (SRIP) 14-01.  The NGB concluded that he accepted an incentive offer in good faith and fulfilled the obligations under the contract.  The NGB also stated “withholding payment of this incentive would be against equity, good conscience and contrary to the best interest of the Army.”  This was documented in an official memorandum for record.  To this day, he continues to faithfully fulfill the obligations under the contract despite the injustice.

	f.  He has served in the ARNG faithfully for over 12 years and has successfully completed numerous mobilizations and combat deployments.  He has had the privilege and honor of being named the 2006 Colorado ARNG Soldier of the Year and the 2nd Battalion, 157th Field Artillery NCO of the Year for 2007.  He has sustained injuries while serving in the Army and has endured many personal and family hardships due to his service.  As a career Soldier and leader, he could not imagine depriving a successful senior NCO of a bonus due to an administrative oversight.  There was no malicious intent on his behalf and he hopes this issue can be resolved in a timely manner.

2.  The applicant provides a memorandum, subject:  Request for ETP for REB (Applicant), dated 15 March 2016, which states:

	a.  An ETP to retain the $10,000 REB is disapproved for the discrepancy:  serving in a 00F MOS and a Regional Training Unit on the contract start date violates ARNG SRIP 14-01.

	b.  Contract/agreement details:

* State enlisted/accessed:  Colorado, Unit Identification Code:  WTP9D0
* Date of agreement/enlistment:  17 October 2014
* Contracted bonus addendum/agreement amount:  $10,000
* Contracted MOS:  35L; Current MOS:  00F

	c.  The applicant was transferred into a 00F duty MOS and into a Regional Training Unit on 3 October 2014.  The applicant became Army Basic Instructor qualified on 26 January 2015.  A review of DA Form 4836 (Oath of Extension or Reenlistment) supports an incentive being offered at the time of agreement/contract.

	d.  The personnel should be made aware of these cases in order to provide the necessary training to hose involved in the recruiting application process in order to prevent unnecessary delays in the processing of incentives and future requests for ETPs.

	e.  The applicant accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of the request.  Therefore, withholding payment of this incentive would be against equity, good conscience, and contrary to the best interest of the Army.

3.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the ARNG on 30 May 2005.

	b.  He served in Iraq from 27 November 2007 to 30 May 2008.

	c.  He was promoted to sergeant first class (SFC)/E-7 effective 3 October 2014.

	d.  He was transferred from MOS 35L to MOS 00F effective 3 October 2014.

	e.  On 17 October 2014, he reenlisted in the ARNG for a period of six years.  In connection with his reenlistment, he signed Annex R to DD Form 4 or DA Form 4836, REB Addendum.  This addendum shows that he was reenlisting/extending in MOS 35L for six years for $10,000.

4.  By policy memorandum, a Soldier who voluntarily transfers for promotion purposes to another MOS that is not in the same incentive contracted career field are not considered eligible for continued receipt of the incentive(s).


BOARD DISCUSSION:

After reviewing the application and all supporting documents,  the Board determined that relief was not warranted.  Based upon the applicant voluntarily requesting to be transferred to a position outside the terms of the contractual terms of the agreement, the Board found insufficient evidence of an injustice or error which would warrant a basis for correction of the records of the individual concerned.

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.



REFERENCES:

1.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), chapter 3, states to terminate entitlement and eligibility for the Reenlistment Bonus when a Soldier voluntarily transfers to a non-bonus unit as of the effective date of transfer.

2.  Army National Guard SRIP Policy for Fiscal Year 2014, effective 2 June 2014 (Policy 14-01), states, in part that a Soldier changing his or her MOS due to normal career progression remains eligible to retain the incentives for which contracted if he or she is duty MOS qualified, assigned as the primary position holder for the entire contracted term of the incentives, and is not listed excess in GIMS.  Command-directed moves are the only authorized exceptions, and transfer orders must be uploaded in iPERMS.  Soldiers who voluntarily transfer for promotion purposes to another MOS that is not in the same incentive(s) contracted career field are not considered eligible for continued receipt of the incentive(s).


ABCMR Record of Proceedings (cont)	 AR20160017558


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