IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180003186 APPLICANT REQUESTS: Correction of his record to show reversal of the National Guard Bureau’s (NGB) Exception to Policy (ETP) denial of his $4,000.00 Reenlistment Bonus (REB). 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), dated 10 August 2016 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) REB Addendum), dated 10 August 2016 * Memorandum, Subject: Request for ETP for REB for the applicant, dated 20 April 2017 * DA Forms 2823 (Sworn Statement), dated 15 February 2017, 15 February 2018, and 16 February 2018 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 (ABCMR) 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 he requests a reversal of the decision of the NGB, which refused to authorize payment of the $4,000.00 REB due to a discrepancy in his contract/bonus addendum which was signed after the accession, enlistment, reenlistment/extension documents which violates the Army National Guard (ARNG) Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 2016 (Policy Number 16-01). Payment to him for the full amount of the bonus ($4,000.00) should be authorized and directed to avoid an injustice. The NGB's refusal to authorize the payment is due entirely to administrative errors and not due to any fault on his part. He requests the Board correct any administrative errors which would prevent the completion of the incentive agreement which he entered into in reliance upon receipt of a $4,000.00 bonus. 3. A review of the applicant’s official records show the following on: a. On 20 December 2007, the applicant enlisted in the Mississippi ARNG for a period of 8 years. b. On 5 September 2013, the applicant extended his current Expiration Term of Service (ETS) from 19 December 2013 to 19 December 2016. c. On 10 August 2016, the applicant, again, extended his ETS from 19 December 2016 to 19 December 2018. DA Form 4836 shows the applicant and the certifying officer did not digitally sign this document until 23 August 2016, although it is dated 10 August 2016. In conjunction with this extension NGB Form 600-7-3-R-E was completed showing the following in: (1) Section 2 (Eligibility) item 13, he was extending for 2 years. (2) Section 3 (Bonus Amount and Payments) he was extending for 2 years and would receive a lump sum payment in the amount of $4,000.00. The payment would be processed effective the day after his current ETS. (3) Section 6 (Termination) item 1(a) the REB would be terminated if the REB addendum was signed before or after the execution date of his DA Form 4836. (4) Section 8 (Authentication) shows the applicant digitally signed the form on 23 August 2016, although it is dated 10 August 2016. (5) Section 9 (Certification by Service Representative/Witnessing Official) shows the form was digitally signed by the witnessing official on 23 August 2016, although it is dated 10 August 2016. d. On 20 April 2017, by memorandum, the applicant was informed his request to retain the $4,000.00 REB was disapproved because the bonus addendum was signed after the extension documents which violated ARNG SRIP Policy Number 16-01. 4. The applicant provides DA Form 2823 wherein: * the witnessing official on his NGB Form 600-7-3-R-E states in pertinent part, the documentation was prepared with the expectation the applicant would sign during normal hours to reenlist, but events prevented the applicant from signing the documents until 23 August 2016 * Staff Sergeant (SSG) H- states in pertinent part, he created a 2 year extension and bonus addendum for the applicant and sent them to the witnessing official to obtain the applicant’s signature, after changes he sent the documents to Sergeant First Class (SFC) D- on 10 August 2016 for signatures * SFC D- states in pertinent part, the applicant stated SSG H- would email the documents to him to obtain the applicants’ signature when he reported for duty on 23 August 2016 5. Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 6. ARNG SRIP Policy Number 16-01 states all bonus addendums must be signed and dated the same date as the DA Form 4836. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the dates on his extension contract and addendum and the denial of an ETP to retain the documented incentive. The Board considered the statements by officials related to the extension and bonus documentation and the criteria outlined in the SRIP. The Board found that the applicant was denied an incentive through no fault of his own and due to administrative delay. Based on a preponderance of evidence, the Board determined that denial of the incentive was unjust and that a correction was required. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 records of the individual concerned be corrected as follows: - Show that the applicant and witnessing official signed the DA Form 4836 and the NGB Form 600-7-3-R-E on the date of extension; - That the documents were submitted and accepted by the appropriate officials, and; - That the applicant is entitled to be paid the incentive as specified in the signed extension contract documents. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 6. ARNG SRIP Policy Number 16-01 states all bonus addendums must be signed and dated the same date as the DA Form 4836. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003186 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1