IN THE CASE OF:

		BOARD DATE:  25 February 2022

		DOCKET NUMBER: AR20210012363


APPLICANT REQUESTS: correction of his record to show he was paid a $10,000.00 
Reenlistment Bonus (REB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Army National Guard (ARNG) letter, dated 20 April 2021

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 signed his REB on 1 October 2012 and was not established 
in the pay system. The payment was scheduled for 8 December 2013, and due to 
system issues the payment was not processed. 

3.  A review of the applicant's official records shows the following:

	a.  On 3 August 2006, the applicant enlisted in the ARNG for a period of 7 years 
and 22 days.

	b.  On 10 December 2012, the applicant completed DA Form 4836 (Oath of 
Extension of Enlistment or Reenlistment) showing he extended his 2006 enlistment by 6 
years. In conjunction with this extension National Guard Bureau (NGB) Form 600-7-3-R-
E (Annex R to DA Form 4836 REB Addendum ARNG) was completed showing the 
following: 

		(1)  Section II (Eligibility), item 16 b, he was extending in military occupational 
specialty 88M (Motor Transport Operator) for a period of 6-years. 

		(2)  Section III (Bonus Amount and Payments), item 1b, he was extending for a 
$10,000.00 REB. 

		(3)  Section VIII (Authentication) the applicant endorsed the document.

		(4)  Section IX (Certification by Service Representative) the form was endorsed 
by the service representative and assigned a bonus control number. 

	c.  On 30 May 2015, the applicant was honorably released from the ARNG and 
assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 

	d.  On 9 December 2018, the applicant enlisted in the USAR.

4.  The applicant provides ARNG letter showing a recent audit of unpaid incentives 
indicated he might be entitled to a previously earned enlistment bonus in the amount of 
$10,000.00. He would have to petition the Board for payment. 

5.  On 16 February 2022, in the processing of this case an advisory opinion was 
obtained from the NGB, Chief Special Actions, who stated in pertinent part, though the 
applicant was found eligible for payment according to his bonus contract, it
appears an error was generated in the processing of this incentive, leading to a 
payment denial by the Defense Finance Accounting System (DFAS), with the reason 
being the failure to establish the bonus in the Defense Joint Military Pay System. In a 
notice dated 20 April 2021, the ARNG informed him of this decision and exhorted 
him to apply with the ABCMR in order to get this injustice corrected. Considering there 
is no failure or accountability of the applicant in this outcome, it would be in the interest 
of justice and fairness that he is granted full relief on his request. Therefore, this office 
recommends approval of the applicant's request for his entitlement to be processed by 
DFAS for payment. This opinion was coordinated with the ARNG and it concurs with 
this recommendation.

6.  The applicant was provided with a copy of the advisory for comment. On 
24 February 2022, by email, the applicant responded concurring with the advisory 
opinion. 


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, an advisory opinion, and regulatory guidance were 
carefully considered. Based upon a preponderance of the evidence, the Board 
concurred with the advising official’s recommendation that shows the applicant should 
receive the bonus, and the circumstances preventing the prior payment was of no fault 
of his own.

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 showing he met all 
requirements to receive the bonus, and paying him the $10,000 he contracted for 
because of this correction.

		  
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.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)) 
states to be eligible for the REB a Soldier must:

*	Contract for not less than a three or six-year term of service approved for 
incentive entitlement by the DARNG as outlined in the current FY SRIP policy
*	Be the primary position holder
*	Reenlist/extend duty MOS qualified
*	Have less than 20 years-time in service at time of current Expiration Term of 
Service (ETS) to include one inclusive day
*	Be within 365 days of, or 24 hours after, the ETS of their current ARNG 
enlistment, reenlistment or extension contract
*	Not be under any current flags
*	Not be in any permanent or indefinite military technician assignment which 
requires dual status
*	Not be in Active Guard/Reserve status
*	Be a satisfactory participant
*	Reenlist or extend for the required term
*	Execute a written agreement 


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