ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20190000025 APPLICANT REQUESTS: reinstatement of entitlement to Reenlistment/Extension Bonus (REB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored letter * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * NGB Form 600-7-3-R-E (Annex R to DD Form 4 – Reenlistment/Extension Bonus Addendum) * Notification of Incentive Termination Letter * Standard Form 50 (Notification of Personnel Action) FACTS: 1. The applicant states: a. He accepted a 90 day temporary technician position followed by several extensions covering the period of 11 June 2017 through 16 February 2018. He states that there was no agreement to perform duties for 180 days at a time and per his reenlistment contract, section V, paragraph b. wherein it reads “I accept a military technician position on a temporary assignment tour for less than 180 days in any continuous 12 month period. Multiple tours in a continuous 12 month period cannot exceed 180 days.” b. The applicant further states that he received an email on 2 January 2018 with a suspense date of 10 December 2017 regarding his REB. He was not briefed on the possibility of losing his REB during orientation and passed up several career opportunities in order to assist and remain in position for each 90 day period. He was completely unaware that accepting these offers to remain on would result in the termination of his REB. c. He is currently in the process of opening his own business and would have terminated his continuous 90 day employment had he been aware of the possibility of losing his REB entitlement as a result. d. The REB was a major influence in deciding to reenlist. The loss of such an entitlement would be a contributing factor in determining future reenlistments. Had he been aware of the possibility of losing his REB based on his term of employment he would have declined the opportunity and remained as an MDAY Soldier to fulfill his state obligations. e. He further states that he should not be unfairly treated due to the wording in the contract nor for the email that was sent a month late to an addressed account that is difficult to access. Information of this level of importance should have been delivered by other deliberate means (HR Department of Technicians, direct supervisor, unit of assignment, telephonically or by postal mail). 2. The applicant provides a: * DA Form 4839 dated 3 December 2015 – reflecting reenlistment/extension for 6 years * NGB Form 600-7-3-R-E dated 3 December 2015 – reflecting $12,000 REB entitlement for a 6 year, Duty Military Occupational Specialty Qualification (DMOSQ) reenlistment/extension * Notification of Incentive Termination letter dated 2 January 2018 – reflecting the termination of his incentive contract due to exceeding the 179 days as a temporary military technician * Standard Form 50 dated 11 June 2017 – reflecting his duty position and appointment date highlighting not having a break 3. The applicant did not submit documents related to the actual duration and or the increments of his temporary technician assignment tour. 4. A review of the applicant’s service records shows the following on: * 17 December 2009 – enlisted in the Army National Guard for 8 years * 12 April 2010 – entered active duty for completion of Basic Training and Initial Entry Training * 9 September 2010 – separated from active duty; awarded MOS 21E * 14 October 2013 – deployed in support of Operation Enduring Freedom * 26 August 2014 – demobilized and released from active duty * 3 December 2015 – reenlistment/extension for 6 years * 20 February 2018 – entered active duty * 30 September 2018 – separated from active duty 5. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) and NGB Form 600 (Annex E to DD Form 214) Non-Prior Service Bonus Addendum related to a critical skill MOS. Section III (Payments) states that enlistment bonus payments will be as follows: * $12,000 enlistment bonus less taxes * 50% bonus entitlement, to be processed the day after completion of the applicant’s current expiration term of service (ETS) date, military occupational specialty (MOS) verification and unit of assignment qualification. * 50% bonus entitlement on the fourth year anniversary of his REB contract start date provided installment one was previously processed 6. Section V (Continued Receipt) of NGB Form 600 states that you will remain eligible for continued receipt of the REB under the following conditions: * REB MOS is changed due to unit transition, inactivation, relocation, reorganization or conversion. Entitlements will remain in effect provided the Soldier meets all other eligibility criteria * acceptance of a MilTech position on a temporary assignment tour for less than 180 days in any continuous 12 month period. Multiple tours in a continuous 12 month period cannot exceed 180 days * performance of an Active Duty Operational Support (ADOS) or Full Time National Guard Duty for Operational Support (FTNGDOS) and continue to meet the eligibility criteria for this REB provided I remain in my REB contractual MOS * acceptance of a position as a Regional Training Institute (RTI) instructor assigned to a MOS immaterial or REB contracted MOS position and may retain this REB provided I continue to remain qualified in my REB MOS * return from an authorized period of non-availability and extend REB contract to cover the period of non-availability within 90-days from the date of returning to active traditional drilling status * acceptance of a cadre position * during a period of any Suspension of Favorable Personnel Action (SFPA) flag for non-consecutive "For Record" Army Physical Fitness Test (APFT) or Army Body Composition Program failure * transferring into the Army Reserve * volunteer for and being awarded an 18 series MOS * MOS is changed due to normal career progression 7. Section VI (Termination) states that termination of REB eligibility with recoupment may occur for any of the following reasons: * if the addendum is signed before or after the execution date of the DD Form 4 or DA Form 4836 and received payment * a voluntary change of REB MOS during the contractual obligation unless assigned as an SMP cadet, an Officer Candidate School candidate, a Warrant Officer candidate or meet one of the relevant rules of Section V * become an unsatisfactory participant * be separated from the ARNG due to death, injury, illness, or other impairment that is the result of misconduct * fail to extend to match or exceed the period of service while in an authorized period of non-availability within 90-days of returning back to active drilling status * placed into an excess assignment over-strength position/status * discharged with a discharge code directly relating to the reason for any SFPA * two consecutive record APFT failures within this REB contract term * failure to maintain medical and dental readiness during the entire period of service obligation, unless the failure was due to reasons outside of the Soldiers control * loss of REB MOS qualification due to denial/removal of a required security clearance * separate from the ARNG for enlistment into any Active Component (AC) (Army, Navy, Marines, Air Force, or Coast Guard) and receive an incentive for enlisting and/or if the AC contractual enlistment period is less than the remaining ARNG REB drilling obligation * fail to become DMOSQ within 24-months plus periods of deployment from this REB contract start date if I was Non-DMOSQ due to being cross-leveled for deployment; or within 24-months plus periods of deployment after being move * transfer within the state or interstate transfer for reasons other than those covered under Army Regulation 601-210 (Personnel Procurement Qualifications and Procedures for Processing Applicants for Enlistment or Reenlistment in the Regular Army) 8. The commander is responsible for initiating recoupment procedures whenever eligibility for a REB is terminated and recoupment is required. When a commander is not in the chain of command, the State Incentive Manager will initiate recoupment procedures. 9. Paragraph 4 of Section VI states that termination from REB eligibility without recoupment may be administered for any of the following reasons: * the REB addendum is signed before or after the execution date of my DO Form 4 or DA Form 4836 and the Soldier has not received payment * serves at least 1-day past the REB contract start date and accept either an ROTC or GFRD scholarship * serves at least 1-day of the REB contract and contract for an Officer Accession Bonus * accept an Active Guard Reserve, Permanent MilTech position (Includes Temporary position(s) that exceed a cumulative 180-days within a continuous 12- month period) where membership in a reserve component is required BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the terms of his contract as it pertained to his bonus, his service as a technician (MilTec) and voluntary extensions in support of the unit, and his statement that had he known his extensions would have resulted in loss of his bonus, he would not have done so. The Board found that the applicant’s statement was compelling, he reenlisted in good faith and extended his MilTec duty without knowing the consequences of doing so on his eligibility to retain his bonus. By preponderance of evidence, the Board determined an injustice had occurred that required correction. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: 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 to show: - that he retained his eligibility for the $12,000 reenlistment bonus as stated in his NGB Form 600-7-3-R-E dated 3 December 2015; - that he was paid any balance due on the designated anniversary date of his service, and; - that he was reimbursed any monies recouped as a result of the termination of his bonus eligibility. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) and NGB Form 600 (Annex E to DD Form 214) Non-Prior Service Bonus Addendum related to a critical skill MOS. Section III (Payments) states that enlistment bonus payments will be as follows: * $12,000 enlistment bonus less taxes * 50% bonus entitlement, to be processed the day after completion of the applicant’s current expiration term of service (ETS) date, military occupational specialty (MOS) verification and unit of assignment qualification. * 50% bonus entitlement on the fourth year anniversary of his REB contract start date provided installment one was previously processed 2. Section V (Continued Receipt) of NGB Form 600 states that you will remain eligible for continued receipt of the REB under the following conditions: * REB MOS is changed due to unit transition, inactivation, relocation, reorganization or conversion. Entitlements will remain in effect provided the Soldier meets all other eligibility criteria * acceptance of a MilTech position on a temporary assignment tour for less than 180 days in any continuous 12 month period. Multiple tours in a continuous 12 month period cannot exceed 180 days * performance of an Active Duty Operational Support (ADOS) or Full Time National Guard Duty for Operational Support (FTNGDOS) and continue to meet the eligibility criteria for this REB provided I remain in my REB contractual MOS * acceptance of a position as a Regional Training Institute (RTI) instructor assigned to a MOS immaterial or REB contracted MOS position and may retain this REB provided I continue to remain qualified in my REB MOS * return from an authorized period of non-availability and extend REB contract to cover the period of non-availability within 90-days from the date of returning to active traditional drilling status * acceptance of a cadre position * during a period of any Suspension of Favorable Personnel Action (SFPA) flag for non-consecutive "For Record" Army Physical Fitness Test (APFT) or Army Body Composition Program failure * transferring into the Army Reserve * volunteer for and being awarded an 18 series MOS * MOS is changed due to normal career progression 3. Section VI (Termination) states that termination of REB eligibility with recoupment may occur for any of the following reasons: * if the addendum is signed before or after the execution date of the DD Form 4 or DA Form 4836 and received payment * a voluntary change of REB MOS during the contractual obligation unless assigned as an SMP cadet, an Officer Candidate School candidate, a Warrant Officer candidate or meet one of the relevant rules of Section V * become an unsatisfactory participant * be separated from the ARNG due to death, injury, illness, or other impairment that is the result of misconduct * fail to extend to match or exceed the period of service while in an authorized period of non-availability within 90-days of returning back to active drilling status * placed into an excess assignment over-strength position/status * discharged with a discharge code directly relating to the reason for any SFPA * two consecutive record APFT failures within this REB contract term * failure to maintain medical and dental readiness during the entire period of service obligation, unless the failure was due to reasons outside of the Soldiers control * loss of REB MOS qualification due to denial/removal of a required security clearance * separate from the ARNG for enlistment into any Active Component (AC) (Army, Navy, Marines, Air Force, or Coast Guard) and receive an incentive for enlisting and/or if the AC contractual enlistment period is less than the remaining ARNG REB drilling obligation * fail to become DMOSQ within 24-months plus periods of deployment from this REB contract start date if I was Non-DMOSQ due to being cross-leveled for deployment; or within 24-months plus periods of deployment after being move * transfer within the state or interstate transfer for reasons other than those covered under Army Regulation 601-210 (Personnel Procurement Qualifications and Procedures for Processing Applicants for Enlistment or Reenlistment in the Regular Army) 4. Paragraph 4 of Section VI states that termination from REB eligibility without recoupment may be administered for any of the following reasons: * the REB addendum is signed before or after the execution date of my DO Form 4 or DA Form 4836 and the Soldier has not received payment * serves at least 1-day past the REB contract start date and accept either an ROTC or GFRD scholarship * serves at least 1-day of the REB contract and contract for an Officer Accession Bonus * accept an Active Guard Reserve, Permanent MilTech position (Includes Temporary position(s) that exceed a cumulative 180-days within a continuous 12- month period) where membership in a reserve component is required ABCMR Record of Proceedings (cont) AR20190000025 6 1