IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20220008037 APPLICANT REQUESTS: in effect, correction of his record to show he was authorized a Reenlistment/Extension Bonus (REB) in the amount of $4,000.00. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * DA Form 4836, Oath of Extension of Enlistment or Reenlistment, 11 November 2016 * Guard Incentive Management System (GIMS) printout, 2 pages * NGB Form 600-7-3-R-E, Annex R to DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) or REB Addendum, 11 November 2016 * Exception to Policy (ETP) memorandum, 14 December 2016 * Career Counselor email, 8 December 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code, 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, in effect a. While deployed to Jordan in 2016, he signed a two-year reenlistment contract. He was told that his bonus would be tax-free because he was in a hostile fire/imminent danger location. He contends that his commander mistakenly thought he wanted to reenlist for a six-year period and receive a $12,000.00 bonus; however, he wanted to reenlist for a two-year period and receive a $4,000.00 bonus. The commander corrected the number of years but forgot to change the enlistment bonus from $12,000.00 to $4,000.00. b. He was later told that his contract was invalid, but he still had to finish the contracted term of service. His commander later drafted a memorandum acknowledging his mistake. Despite his efforts, he has not received his REB. 3. On 22 October 2010, the applicant enlisted in the Pennsylvania Army National Guard (PAARNG) for a period of six years. 4. His record contains two A DA Forms 4836 which show: a. On 28 March 2016, he extended his initial enlistment for an additional year. This form shows his expiration term of service (ETS) date was adjusted to 21 October 2017. b. On 11 November 2016, he extended his enlistment for two additional years. This form shows his expiration term of service (ETS) date was adjusted to 19 October 2019. 5. On 11 November 2016, the applicant also completed a NGB Form 600-7-3-R-E in conjunction with his extension. This form shows the applicant reenlisted/extended for duty military occupational specialty 11C, Indirect Fire Infantryman, for a period of 6 years and that he was to receive a $12,000.00 REB. The applicant acknowledged his understanding and agreed to the following conditions in Section II - Eligibility, and Section III - Bonus Amount and Payments: a. Must sign this REB addendum on the same date as the execution date of his DD Form 4 or DA Form 4836 to include having the SR/Witnessing Officer signatures present for this REB addendum to be considered valid. b. Must have an approved GIMS Control Number (CN) on the same date of reenlistment/extension in the ARNG to receive the REB. The GIMS generated REB addendum is the only authorized version. Any alteration on the REB addendum may invalidate the REB contract and may require an approved Exception to Policy (ETP) before payment could be processed. He was reenlisting/extending in Duty MOS Qualified MOS: 11B for 6-years. c. Section III (Bonus Amount and Payment), "I am reenlisting/extending for the six- years to receive a total bonus of $12,000. I certify that I am reenlisting/extending in a valid, vacant position and I am not coded as excess to the unit. My REB will be processed in two installments. The first 50 percent REB payment will be processed the day after my current ETS upon verification of my MOS and unit of assignment qualification in GIMS. The second 50 percent REB payment will be processed on the fourth-year anniversary of his REB contract start date provided installment one was previously processed.” 6. The applicant provides: a. A GIMS printout which shows the following entries: * 11 November 2016, "RMS initiated contract" * 18 November 2016, "4836 and REB have been uploaded (this action was performed using the role "Unit Commander (UC). The addendum was uploaded and pending validation. * 5 January 2017, "Area RRNCO identified initial error and request this incentive contract to be cancelled – Auto Remarks: invalidate contract." (This action was performed using the role "incentive manager." The contract was invalidated b. A GIMS printout which shows a contract signed on 11 November 2016, associated with a $12,000.00 REB, and requiring a contract MOS of 11C was invalid. c. A Memorandum for Record, 14 December 2016, wherein the applicant's company commander stated, in effect, on 11 November 2016 a two-year reenlistment with bonus was written in RMS for the applicant. An administrative error occurred when a six-year REB Bonus Control Number (BCN) was written, signed, and uploaded to GIMS. The error went unnoticed during the quality control process until the DA Form 4836 was processed in iPERMS/SIDPERS. The bonus was sitting in GIMS "Awaiting Verification", which would have-failed due to the two-year DA Form 4836. The six-year BCN has been INVALIDATED by the State Incentive Manager, and the Soldier's new ETS remains at 21 October 2019. A manual control number to get the deployed Soldier a two-year bonus as originally attempted. d. An email, 8 December 2020, from the PAARNG Career Counselor. This Career Counselor states, in effect, that while deployed to Jordan in 2016, the unit produced a two-year, and six-year REB, where ultimately terminated. The applicant completed his two-year commitment in good standing with no bonus, then deployed to Poland in 2019. The applicant originally signed the two-year contract with the wrong REB Addendum. The new contract start date was 22 October 2017 but was terminated. The applicant signed a new REB on 4 June 2020, with a start date of 22 June 2020, which has been paid. He instructed the applicant to allow the old REB that was terminated process out, get paid on the new one, then go backwards. He recommended the applicant apply to the ABCMR. 7. On 21 June 2022, the applicant was honorably discharged from the PAARNG upon expiration term of service. 8. On 29 September 2023, the National Guard Bureau (NGB) provided an advisory opinion in this case. The Chief, Special Actions Branch, recommended approval of the applicant’s request for payment of his REB. This official further stated, in effect: a. The applicant’s records show that he signed a reenlistment/extension contract for two years on 11 November 2016. He requested a two-year extension with a bonus of $4,000, but the unit misunderstood and thought he wanted a six-year extension with a $12,000 bonus. When the applicant correctly informed the unit, the unit changed his extension time on his DA Form 4836 to two years. However, the unit did not change the extension time on Annex R to DA Form 4836. Annex R still reflected six years. As a result of this discrepancy, the REB was invalidated in GIMS by the State Incentive Manager to produce a correct version. By the time the corrected contract was initiated, the applicant was no longer in the extension window, so NGB denied it. The incentives contract was invalidated, but the applicant’s ETS date was still extended by two years. The applicant successfully served those two years and signed another REB that was processed in 2020. b. Based on the applicant’s claims and his records, the applicant never received his REB payment after signing his extension because the unit incorrectly processed the paperwork. The applicant still completed the two-year extension and even extended for another two years after the completion. The PAARNG recognizes this mistake and supports the applicant’s request. For these reasons, it is the recommendation of this office that the applicant’s request be approved. The applicant was never paid his REB because his contract was incorrectly terminated based on an error that was no fault of his own. c. The Army National Guard Incentives Branch did not provide input for this recommendation. d. The PAARNG concurs with this recommendation. 9. The applicant concurred with the NGB advisory opinion and recommendation on 2 October 2023. 10. Title 10, U.S. Code, section 1552, the law which provides for the Board, states that The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due to the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that an administrative error led to the termination of the REB the applicant expected to receive when he extended his enlistment for two years on 11 November 2016. The Board determined his record should be corrected to show he signed an addendum on 11 November 2016 agreeing to receive a $4,000.00 bonus based on his 2-year extension and he should be paid the incentive. 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 and Army National Guard records of the individual concerned be corrected by showing he signed an addendum on 11 November 2016 agreeing to receive a $4,000.00 bonus based on a 2-year enlistment extension. As a result of this correction, the individual concerned should be paid this incentive. 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, U.S. Code, 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 Army Board for Correction of Military Records (ABMCR) 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 (DOD) Instruction Number 1205.21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999, implements the policies, assigns responsibilities, and prescribes procedures for management of the Reserve Components incentive programs. Paragraph 6.2 (Written Agreements) states each recipient shall be required to sign a written agreement stating that 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 3. DOD Financial Management Regulation (FMR), volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), section 0201 (General Provisions), provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated, and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. 4. DOD FMR, volume 7A, chapter 2, section 0202 (Repayment and Non-repayment Conditions), provides that, as a rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States 5. Title 10, U.S. Code, section 1552, the law which provides for the Board, states that The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due to the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008037 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1