IN THE CASE OF: 

		BOARD DATE: 2 August 2023

		DOCKET NUMBER: AR20220008394


APPLICANT REQUESTS:  correction to receive payment of his 14 May 2014 
Reenlistment/Extension Bonus (REB). 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836)

FACTS:

1.  The applicant did not file within the 3-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, according to his bonus addendum, he would not 
receive his bonus if he had two consecutive Army Physical Fitness Test (APFT) failures.  
Given that he only had one, he should receive the bonus due to him.

3.  The applicant provides NGB Form 600-7-3-R-E (8 pages), dated 2 May 2014, which 
shows Section VI (Termination), page 5 of 8, paragraph 1h, states, “I may be terminated 
from REB eligibility with recoupment for any of the following reasons…I have two 
consecutive record APFT failures within this REB contract term. The effective date of 
termination is the date of my second consecutive for “Record” APFT failure.

4.  A review of the applicant’s service record shows:

   a.	He enlisted in the Army National Guard on 11 September 2008 for eight (8) 
years.

   b.	On 19 May 2014, he extended as a current member of the Army National Guard 
and a Reserve of the Army for six (6) years. His new expiration term of service (ETS) 
was extended from 10 September 2014 to 10 September 2020.
   
   c.	The applicant signed Annex R to DD Form 4 or DA Form 4836 
(Reenlistment/Extension Bonus (REB) Addendum) on 19 May 2014., which is to be 
completed by all Soldiers reenlisting/extending within the ARNG with entitlement to the 
REB under the Fiscal Year (FY) ARNG SRIP Policy 13-01.

   d.	On 28 June 2020, he extended as a current member of the Army National Guard 
and a Reserve of the Army for one year. His new expiration term of service (ETS) was 
extended from 10 September 2020 to 10 September 2021.

   e.	On 10 May 2021, he extended as a current member of the Army National Guard 
and a Reserve of the Army for six (6) years. His new expiration term of service (ETS) 
was extended from 10 September 2021 to 10 September 2027.

   f.	The applicant is currently serving with the 289th Engineer Company, Bruce, 
Mississippi.

5.  National Guard Bureau advisory opinion, dated 17 July 2023, recommends approval.  
Further stating in paragraphs 3d, 3e, and 3f: 

   a.	A review of the Soldier’s APFT records in GIMS indicate that he initially failed his 
record APFT on 20 November 2014. Subsequent to this, he failed a diagnostic APFT on 
11 February 2016, as confirmed by his DA 705, APFT scorecard. It appears however 
that neither of these failures have been documented in the Digital Training Management 
System (DTMS). Nevertheless, it should be noted both of these failures are over a year 
apart, and no record of an APFT taken during that gap period is available. In addition, 
unlike the aforementioned provision of Section 6, Para 1(h) of the REB addendum, 
Soldier did not fail 2 record APFTs. Therefore, it must be concluded that Soldier’s 
incentive termination was inappropriate. In spite of Soldier’s bonus being now over  
6 years old, Soldier is rightfully due his incentive for such delay is due to no fault of his 
own.

   b.	This office contacted the MSARNG to further inquire about this matter. The State 
Education Office indicated that Soldier’s bonus payment was never made due to the 
system showing two consecutive APFT failures which was inaccurate. As such, the 
State recommends that Soldier be granted full relief on his request.

   c.	It is this office’s belief that Soldier should receive his unpaid REB bonus 
notwithstanding the Barring Act statute of limitations. Consequently, this office 
recommends that the Board approves Soldier’s request for the reinstatement of his 
REB.

6.  National Guard Regulation (NGR) 600-200 prescribes the criteria, policies, 
processes, procedures and responsibilities to classify; assign; utilize; transfer within and 
between states; provides Special Duty Assignment Pay; separate, and appoint to and 
from Command Sergeant Major, Army National Guard (ARNG) and Army National 
Guard of the United States (ARNGUS) enlisted Soldiers.


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 Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition, available military records and the 
National Guard Bureau advisory opinion, the Board concurred with the advising official 
finding the applicant did not fail 2 record Army Physical Fitness Test (APFT). Therefore, 
it must be concluded that the applicant’s incentive termination was inappropriate. In 
spite of Soldier’s bonus being now over 6 years old, the applicant is rightfully due his 
incentive for such delay is due to no fault of his own. The Board agreed, based on the 
recommendation of the NGB and evidence in the applicant’s record relief is 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 the 
applicant is eligible to receive payment of his 14 May 2014 Reenlistment/Extension 
Bonus (REB).

	 
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 three 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 three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  National Guard Regulation (NGR) 600-200 prescribes the criteria, policies, 
processes, procedures and responsibilities to classify; assign; utilize; transfer within and 
between states; provides Special Duty Assignment Pay; separate, and appoint to and 
from Command Sergeant Major, Army National Guard (ARNG) and Army National 
Guard of the United States (ARNGUS) enlisted Soldiers.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20220008394


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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