ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20170017227 APPLICANT REQUESTS: In effect, reversal of the decision by the National Guard Bureau (NGB) to deny his exception to policy (ETP) and to receive his Reenlistment/Extension Bonus (REB) of $7,500 he was due to receive from his 30 November 2008 agreement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Army Review Board Agency, 4 May 2017 * Memorandum for CA Army National Guard (CA ARNG), 21 September 2016 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * NGB Form 600-7-3-R-E (Annex R to DD Form 4836) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 24 April 2009 * DD Form 214, 31 May 2011 * DA Form 638 (Recommendation for Award) * Narrative to Bronze Star Medal (BSM) * BSM citation FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, he was due a $7,500 bonus from his agreement on 30 November 2008. As it currently stands, he has yet to receive his bonus as promised. Since 2008 he has been told every year that his bonus is pending and he should receive it in a matter of months. He was told that CAARNG was temporarily halted all bonuses due to a bonus scandal. He was told the bonuses would continue on the investigation was complete. He was told by COL X___ X___ that his bonus would not be paid out for a variety of reasons. All of the reasons were either false or out of his control. He put his faith in his chain of command to fill out a simple reenlistment and bonus form. It appears it was filled out improperly. His question is, if his contract was filled out improperly why did he have to fulfill his enlistment? The contract he signed simply read he was due to receive $7,500.00 for his three year enlistment. Since 2008 he has managed to become a Special Forces Soldier and have voluntarily deployed on three combat tours. He relied on his S-1 section to write his contract in the correct manner. At the time, he was a young specialist (E-4) and did not realize he would have to overlook senior noncommissioned officers (NCOs) and his command staff to ensure his contract was filled out and signed properly. He is not asking for and special favors, just what he was promised. He was led on for years to believe CA ARNG was going to pay his bonus but they were behind. 3. The applicant provides: a. Memorandum for Army Review Board Agency, 4 May 2017 mentioning some of what was discussed above and also for reasons denied by NGB. Contract bonus addendum is missing the witnessing official and service representative’s signature. He signed his contract believing it would be forwarded to the commander for proper signatures. Contract addendum is missing service signature however, he signed the contract. Voluntarily transferred out of contracted Military Occupational Specialty (MOS): he enlisted in the ARNG in hopes of becoming a Special Forces (SF) demolition sergeant (18C). At no time did he enlist with the intentions of becoming an 18D (Medical Sergeant). The bonus paperwork he signed did not have any underlining stipulations stating that he need to enlist as an 18D in order to receive his bonus. Bonus Control Number was requested after the date of extension: this is out of his control. It is unfortunate that his paperwork was so badly mishandled causing his bonus to be delayed. His priority was to prepare for the SF qualification course. He was not aware that he needed to ask his admin section for a bonus control number. It is unfortunate that he has served under the CAARNG where bonuses were mishandled and paperwork mistakes were made. At the time, he was a young specialist who did not know the process. He just wanted to be a green beret and serve his country. He whole heartedly feels those were costly, but honest mistakes made by his unit’s inexperienced admin section and chain of command. Unfortunately, their mistakes have cause him a lot of grief over the last 10 years. With all due respect, he has served with great pride, he continues to serve with pride and have dedicated his life to his service and country. In the end, he signed a contract believing it in the system and it would be honored and submitted properly by competent NCO’s and his bonus would be paid out. b. Memorandum for CA Army National Guard (CAARNG), 21 September 2016 from NGB disapproving the applicant’s request for exception to policy for REB for the following reasons: * Contract bonus addendum is missing the witnessing official and service representative’s signature dates which violates Department of Defense Instruction 1205.21, paragraph E5.3 * Contract/bonus addendum is missing the Service Representative's signature which violates ARNG SRIP 07-05 * Voluntarily transferred out of the contracted MOS which violates ARNG SRIP 07-05 * Bonus Control Number was requested after the date of extension which violates ARNG SRIP 07-05 c. DA Form 4836 which shows he extended in the CA ARNG with unit Detachment 1, Company A, 5-19th on 19 July 2007 for a period of three years. d. NGB Form 600-7-3-R-E which shows he was due to receive a total bonus payment in the amount of $7,500 for a 3 year extension which was to be paid lump sum and processed for payment 1 day after his current expiration term of service (30 November 2008). The applicant appears to have signed the form undated. The form also has a bonus control number of R07070050CA. e. DD Form 214 showing his period of active service from 18 November 2007 and ending 24 April 2009 showing his MOS is 18C with a deployment in support of Operation Enduring Freedom. Another DD Form 214 shows another period of active service for deployment in support of Operation Enduring Freedom from 1 May 2010 and ending 31 May 2011. f. DA Form 638 showing he was recommended for BSM for a period from 1 December 2016 to 1 May 2017. g. Narrative to BSM from his deployment period 1 December 2016 to 1 May 2017 during Operation Freedom’s Sentinel in support of Resolute Support mission. h. BSM citation stating he distinguished himself by exceptionally meritorious service as an operation sergeant during his deployment. 4. A review of the applicant’s service records shows the following: a. Having had prior enlisted service in the Air Force, he enlisted in the CAARNG on 1 December 2005. His Guard Annex shows he enlisted in Co A 5/19th Special Forces, Los Alamitos, CA for schooling 42A, Human Resources Specialist. b. DA Form 4836 which shows he extended in the CAARNG with unit Detachment 1, Company A, 5-19th on 19 July 2007 for a period of three years extending until 29 November 2011. There is no MOS mentioned. c. NGB Form 600-7-3-R-E wherein he understood the contents of suspension, termination and recoupment. To include section V (Termination) 6 which states he will be terminated from bonus eligibility with recoupment if he voluntarily transfer into a non- critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment. Recoupment will be calculated from the effective date of transfer. There is no mention of extension into a particular MOS. d. He entered a period of active duty on 18 November 2007 and was released from active duty on 24 April 2009 for completion of required active service in support of Operation Enduring Freedom. e. NGB Form 22-5 (Addendum to DD Form 4 Approval and Acceptance by Service Representative for Interstate Transfer in the ARNG) shows he voluntarily transferred interstate on 8 January 2010 to the state of FL ARNG. f. Orders 13-1000, dated 13 January 2010 shows he was transferred from Detachment 1, Company A, 5-19th Special Forces, CA to his new unit Company A, 3rd Battalion 20th Special Forces, FL effective 8 January 2010. g. He entered another period of active duty on 1 May 2010 and was released from active duty on 31 May 2011 for completion of required active service in support of Operation Enduring Freedom. 5. Memorandum for CA Army National Guard (CAARNG), 21 September 2016 from NGB disapproving the applicant’s request for exception to policy for REB for the following reasons: 6. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) sets policies and procedures for the administration of ARNG incentive programs. 7. By policy, Department of Defense Instruction 1205.21 assigns responsibilities, and prescribes procedures under DoD Directive 1205.20, Reserve Component Incentive Programs for management of the Reserve components incentive programs. 8. ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-05, paragraph 14i (REB Eligibility) in effect at the time states the ARNG offers two REB options to MOS Qualified (MOSQ) Soldiers who extend for three or six years. The two available options are: Extend/reenlist MOSQ in a critical unit identification code (UIC), or extend/reenlist MOSQ in a Critical Skill identified in Enclosure 1 or 2. Soldiers may not have more than 20 years time in service (TIS) upon their current expiration term of service. Note: The REB is not offered to Soldiers extending/reenlisting in table of distribution and allowances units. Paragraph 14j 2 (REB for extension in a critical UIC and/or Critical Skill) states MOSQ applicants who reenlist or extend in a valid position for the first three year reenlistment/extension option within a Critical UIC and/or Skill (Enclosure 1 & 2), and up to 125% of their unit's authorized war-time strength at the MOS Level will receive a $7,500 bonus. Soldiers will receive their REB in one lump- sum payment, which will be processed on the effective date of the new contract (extensions take effect the day after a Soldier's current contractual ETS). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions and the NGB’s denial memorandum were carefully considered. Based upon the preponderance of the evidence, the Board agreed that he contracted for the incentive in good faith and complied with all terms outlined as necessary, and that the record should reflect as so. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 records of the individual concerned be corrected by amending the applicant's records to show the National Guard Bureau approved actions related to reenlistment/extension bonus (REB) monies he contracted for on 30 November 2008. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-05, paragraph 14i (REB Eligibility) in effect at the time states the ARNG offers two REB options to MOS Qualified (MOSQ) Soldiers who extend for three or six years. The two available options are: Extend/reenlist MOSQ in a critical unit identification code (UIC), or extend/reenlist MOSQ in a Critical Skill identified in Enclosure 1 or 2. Soldiers may not have more than 20 years time in service (TIS) upon their current expiration term of service. Note: The REB is not offered to Soldiers extending/reenlisting in table of distribution and allowances units. Paragraph 14j 2 (REB for extension in a critical UIC and/or Critical Skill) states MOSQ applicants who reenlist or extend in a valid position for the first three year reenlistment/extension option within a Critical UIC and/or Skill (Enclosure 1 & 2), and up to 125% of their unit's authorized war-time strength at the MOS Level will receive a $7,500 bonus. Soldiers will receive their REB in one lump- sum payment, which will be processed on the effective date of the new contract (extensions take effect the day after a Soldier's current contractual ETS). 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) sets policies and procedures for the administration of ARNG incentive programs. Paragraph 1-14 (Processing Instructions) states the applicable incentive addendum must be completed and a copy made a permanent part of each enlistment, reenlistment, extension; or affiliation packet prior to distribution. 4. Department of Defense Instruction 1205.21 assigns responsibilities, and prescribes procedures under DoD Directive 1205.20, Reserve Component Incentive Programs for management of the Reserve components incentive programs. Paragraph E5.3 Authentication shows signatures from the service representative and date, service member and date, and name and grade of the witnessing officer signature and date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170017227 5 1