IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220003612 APPLICANT REQUESTS: retroactive payment of Reenlistment Bonus (REB) (1st Installment) in the amount of $6,000.00 in the Army National Guard. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 1966 (Record of Military Processing – Armed Forces of the U.S.), 2 August 2010 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S.), 22 September 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 May 2011 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 21 January 2016 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – REB Addendum), 21 January 2016 * DA Form 71 (Oath of Office – Military Personnel), 27 September 2017 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 in pertinent part that in 2016, she should have received the initial payment of her enlistment bonus ($6,000.00). However, her State incentives department did not process this payment because she was appointed a commission in 2017. She contests that in accordance with the Selected Reserve Incentive Program (SRIP) policy she should have received the initial payment because her commissioning is a form of career progression. 3. A review of the applicant's available service records reflects the following: a. On 22 September 2010, the applicant enlisted in the Army National Guard (ARNG) to serve as a 74D (Chemical Operations Specialist) for 8 years (6X2 enlistment). Her expiration of term of service (ETS) date was established as was 21 September 2016. b. On 12 April 2011, the U.S. Army Maneuver Support Center of Excellence issued Orders Number 102-1424 which awarded the applicant Military Occupational Specialty (MOS) 74D, effective 31 May 2011. c. On 21 January 2016, the applicant reenlisted/extended for 6 years with entitlement to a $12,000.00 REB to be processed in 2 installments (50 percent payment processed the day after the current Expiration Term of Service (ETS) and 50 percent on the fourth-year anniversary of the REB contract start date provided installment 1 was previously processed). The applicant's current ETS date reflects 21 September 2016. d. With her extension, her new ETS became 21 September 2022. e. On 27 September 2017, the State of GA ARNG issued Orders Number 270-188 honorably discharging the applicant from the ARNG, effective 26 September 2017, pending acceptance of an appointment as a commissioned officer. The applicant was subsequently appointed a Reserve commission on the same day. f. On 23 April 2019, the NGB issued Special Orders Number 110 announcing Federal recognition of the applicant's initial appointment into the GAARNG, effective 27 September 2017. g. On 14 January 2020, the NGB issued Special Orders Number 8, announcing Federal recognition of the applicant's promotion to first lieutenant (1LT)/O-2, effective 12 February 2019. 4. The applicant provides the following a: a. DD Form 1966 dated 2 August 2010, reflective of the applicant's pertinent data utilized during her initial enlistment into the ARNG. b. DD Form 214, ending on 31 May 2011, reflective of the applicant's service on active duty from 3 January 2011 - 31 May 2011. 5. On 17 November 2022, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending approval of the applicant's request citing that the applicant's records reflect that she signed a REB contract for 6-years on 21 January 2016 with a bonus of $12,000.00, but in March 2016, the system had not validated the contract and still shows an invalid contract as of September 2020. In September 2017, the applicant commissioned as a second lieutenant (2LT), thus terminating the rest of her six-year extension of service in the ARNG. According to the system, the first installment of her REB was never paid because the applicant was reassigned to a Platoon Leader position with an MOS of 09S (Officer Candidate) on 11 July 2016. The system found a mismatch of MOS when it tried to validate the contract for payment in August 2016. Per Annex R to DA Form 4836, the first 50 percent of the REB payment is processed for payment the day after the Soldier's current ETS at the time of signing the extension. When the applicant signed her extension in January 2016, she had 244 days until her ETS, and her first installment of the bonus should have been processed for payment on 21 September 2016. The second installment of her REB was terminated due to her commissioning in September 2017. Therefore, it is recommended that the applicant receive the outstanding payment of her REB ($6,000.00) from her extension in 2016. 6. On 25 November 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 17 January 2023, the applicant had not responded. 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, and regulatory guidance were carefully considered a. The applicant initially enlisted in the ARNG on 22 September 2010. Her original ETS date was 21 September 2016. She signed an REB contract for 6-years on 21 January 2016 with a $12,000 bonus as an incentive; but in March 2016, the system had not validated the contract and still shows an invalid contract as of September 2020. In September 2017, the applicant commissioned as a second lieutenant (2LT), thus terminating the rest of her 6-year extension of service in the ARNG. Her first installment of her REB was never paid because she was reassigned to an 09S/officer candidate position on 11 July 2016. The system found a mismatch of MOS when it tried to validate the contract for payment in August 2016. b. According to Annex R of her extension papers (DA Form 4836), the first 50% of the REB payment is processed for payment the day after the Soldier's current ETS at the time of signing the extension. When the applicant signed her extension in January 2016, she had 244 days until her ETS, and her first installment of the bonus should have been processed for payment on 21 September 2016. The second installment of her REB was terminated due to her commissioning in September 2017. Therefore, the Board agreed with the advisory opinion that the applicant should receive the outstanding payment of her REB ($6,000.00) from her extension in 2016. 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, in addition to the corrections addressed in Administrative Note(s) below, by: • showing the applicant and an ARNG official signed Annex R (Reenlistment/Extension Bonus Addendum) on 21 January 2016 • showing her Addendum was timely processed and entered into the Army National Guard Incentive Management System • paying her only the first installment (50%) of her $12,000 incentive as a result 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. Army Reserve (AR) Fiscal Year 2016 (FY16) Selected Reserve Incentive Programs (SRIP) Policy Guidance from 1 October 2015 through 30 September 2016 provides that the REB is processed in 2 installments: 50 percent on the contract start date provided the Soldier is assigned to the appropriate MOS and 50 percent on the 4-year anniversary of the contract start date provided the Soldier is assigned to the same MOS. 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) Chapter 10 (Selected Reserve Incentive Program), Chapter 10-8 (Termination of Incentives) provides that entitlement to an incentive will be terminated when the service member separates from a Selected Reserve unit or the IRR of the USAR or ARNG for any reason. That member will not be eligible to receive any further incentive payments, except for service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier's responsibility to serve his or her current statutory or contractual service commitment. 4. Department of Defense Instruction 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) AR20220003612 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1