IN THE CASE OF: BOARD DATE: 4 November 2020 DOCKET NUMBER: AR20190003685 APPLICANT REQUESTS: Correction of his record to show he was paid the second half of his 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 9 August 2013 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DA Form 4836), dated 9 August 2013 * Memorandum, Subject; Permanent Physical Disability Retirement, dated 6 June 2016 * Orders Number D158-04, dated 6 June 2016 * NGB Form 22 (Report of Separation and Record of Service), dated 10 July 2016 * Memorandum, Subject: Combat Related Disability Verification for the applicant, dated 23 January 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 according to his last reenlistment contract, specifically the REB addendum, section 6 5.B.3., "if medically separated from the Army due to combat related illness all outstanding payments should be paid directly to his pay account." He was medically retired due to injury or disease as a result of direct conflict per Title 26, USC, section 104 and is therefore due the second half of his REB. After two different claims against the Defense Finance and Accounting Service, he was told to petition the Board. 3. A review of the applicant's official record shows the following: a. On 21 June 2002, the applicant enlisted in the Army National Guard (ARNG). b. On 9 August 2013, the applicant extended his 2002 enlistment by 6 years. In conjunction with this extension NGB 600-7-3-R-E was completed showing the following: (1) Section 2 (Eligibility), item 16b, the applicant was reenlisting for 6 years in military occupational specialty 11B (Infantryman). c (2) Section 3 (Bonus Amounts and Payments), item 1b, the applicant was reenlisting for 6 years for a bonus in the amount of $10,000.00. The first 50 percent payment would be processed for payment the day after his current expiration term of service. The second 50 percent would be processed on his fourth year anniversary. (3) Section 6 (Termination), item 5.b.(3), the applicant understood all outstanding payments of his REB, if medically separated, would be processed to his pay account upon confirmation by the State incentive manager. (4) He endorsed this form with his signature. c. On 24 May 2016, a Physical Evaluation Board (PEB) convened, and the PEB found the applicant physically unfit and recommended a rating of 70 percent and his disposition be permanent disability retirement. d. On 10 July 2016, the applicant was honorably discharged from the ARNG by reason of placement on the permanent disability retired list. 4. The applicant provides: a. Memorandum, Subject: Permanent Physical Disability Retirement that states in pertinent part, this memorandum was to advise him that in accordance with the findings and recommendation of the United States Army Physical Disability Agency (USAPDA), he had been found to have a disability and would be permanently retired with a disability rating of 70 percent. The attached Department of the Army Order announces the effective date of his retirement, and his retired pay would be computed from this date. b. Orders Number D 158-04, issued by the USAPDA, retired the applicant by reason of permanent physical disability, effective on 11 July 2016. c. Memorandum, Subject: Combat Related Disability Verification for the applicant that states, this memorandum is to advise that in accordance with the findings and recommendation of the USAPDA, the applicant was found to have a duty related disability and would be permanently retired. Disability is based on injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a war period as defined by Law. Disability resulted from a combat related injury as defined in Title 26, USC, section 104. 5. On 25 September 2020, the NGB reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that: a. The applicant signed a six year REB addendum on 9 August 2013 for $10,000.00 to be paid in two $5,000.00 installments of $5,000.00 each installment. He received the first half of the bonus in the amount $5,000.00 on or about 27 June 2014. The second and final installment was scheduled to be paid 27 June 2018. He was medically discharged and transferred to the Retired Reserves effective 10 July 2016. He received a notification of termination signed by the Oregon State incentive manager on 19 August 2016. His REB addendum specifically states in Section 6 paragraph 5b(3), "If medically separated due to a combat related disability; all outstanding payments will be processed directly to my pay account upon confirmation by the State incentive manager." b. On 1 September 2017, the State incentive manager inputted an Automatic Change Request (ACR) comments in the Guard Incentive Management System (GIMS): "Changing the termination to active. The applicant was medically discharged due to duty related injuries. Also, changing the second payment date to one day prior to the discharge date so we can pay the applicant the second part of the incentive. Please review. Thank you!" [This action was performed using the role "Incentive Manager"]. The ARNG Incentives Branch approved the ACR the same day in GIMS with a new entitlement pay date of 9 July 2016. Several actions have been taken by the Oregon National Guard incentive manager and the ARNG Incentives Branch to initiate the final payment within GIMS. The State incentive manager has also assisted the applicant in resubmission of an out of service claim to the Defense Finance and Accounting Service. Given the details above, the second and final payment of the applicant's incentive should be approved and processed for payment as an out of service claim. 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, military record, an advisory opinion and regulatory guidance. The Chief, Special Actions Branch advisory opinion confirms the applicant request does have merit. The Board concurred with the advisory opinion for the remainder of the applicant’s REB be paid by DFAS as an out of cycle payment according to the Oregon National Guard incentive manager and the ARNG Incentives Branch to initiate the final payment within GIMS. 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 by: * amending the applicant's records to show the Oregon National Guard incentive manager and the ARNG Incentives Branch initiated the final payment within GIMS, related to reenlistment/extension bonus (REB). * DFAS pay final portion of REB, initiated 9 July 2016 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. Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190003685 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1