IN THE CASE OF: BOARD DATE: 14 April 2023 DOCKET NUMBER: AR20220004972 APPLICANT REQUESTS: to receive the first payment of his Reenlistment/Extension Bonus (REB) in the Army National Guard (ARNG). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836, REB Addendum, Army National Guard (ARNG) of the U.S.), 15 May 2014 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 15 May 2014 * Orders Number 129-004H issued by the Joint Force Headquarters, Mississippi National Guard, 9 May 2018 * Orders Number 259-027 issued by the Mississippi Military Department, The Adjutant General's Office, 15 September 2020 * Orders Number 272-061 issued by the Mississippi Military Department, The Adjutant General's Office, 28 September 2020 * Self-authored Statement, 11 March 2021 * NGB Form 23A (ARNG Current Annual Statement), 12 March 2021 * NGB Form 23A1 (ARNG Retirement Points Statement, Supplemental Detailed Report), 12 March 2021 * Joint Force Headquarters, Mississippi National Guard Memorandum, Subject: Notification of Closed Year Incentive Payments, 11 March 2021 * Guard Incentives Management System (GIMS) Contract Summary, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), Section 1552(b) [10 USC 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: a. The first payment of his REB totaling $5,000.00 was due on 27 March 2015; however, through no fault of his own, the payment was never paid. Since June 2021, the Mississippi Army National Guard (MSARNG) Incentive Office tried repeatedly to pay his bonus but were unsuccessful. The Incentive Office attempted a Case Management System case, but the Defense Accounting and Finance System (DFAS) returned the case stating that a ABCMR disposition was required for payments over 6 years old. b. The error was at the State-level and repeatedly rejected from 2015 to 2020 due to an open establishment from a previous incentive. Once the previous establishment was terminated, the State tried to establish his incentive, but it was 4 days passed the 6 year requirement. If a payment is not made soon, his 2019 payment will also require an ABCMR disposition as well. 3. The applicant's service record shows: a. On 13 March 2003, the applicant enlisted in the ARNG. (1) DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted for 8 years. (2) NGB Form 21 (Annex A-DD Form 4), dated 13 March 2003, shows he enlisted as a Non-Prior Service (NPS) member in Military Occupational Specialty (MOS) 77F (Petroleum Supply Specialist). (3) NGB Form 600-7-1-R-E (Annex E to DD Form 4, Enlistment Bonus Addendum), dated 13 March 2003, shows he was eligible for an SRIP Enlistment Bonus totaling $3,000.00 in MOS 77F. b. On 26 March 2009, the applicant extended/reenlisted in the ARNG for 6 years. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 REB Addendum ARNG of the United States) shows he would receive a total bonus payment of $10,000.00. c. NGB Memorandum, Subject: Request for Exception to Policy (ETP) for REB, dated 30 July 2012, shows the applicant was approved for an ETP to retain his $10,000.00 REB for his 2009 extension. The applicant extended his enlistment with the MSARNG on 26 March 2009 for the REB in MOS 92F (Petroleum Supply Specialist). Although the Witnessing Official failed to properly sign and date the bonus addendum, the request for a Bonus Control Number supports an incentive being offered at the time of extension. d. On 15 May 2014, the applicant extended his enlistment in the ARNG. In conjunction with this enlistment NGB Form 600-7-3-R-E shows the applicant extended in the ARNG for 6 years in the MOS 92F with entitlement to a $10,000.00 REB. The REB would be processed in two installments. The first 50% payment would be processed the day after his current expiration term of service upon verification of his MOS and unit of assignment qualification in GIMS. The second 50% payment would be processed on the 4th year anniversary of the REB contract start date provided the first installment was previously processed. e. DA Form 4836, dated 13 October 2018, in which the applicant voluntarily extended his enlistment for 2 years which changed his expiration term of service (ETS) changed from 26 March 2021 to 26 March 2023. He extended again on 14 July 2021 for 2 years; which changed his ETS from 26 March 2023 to 26 March 2025. f. The applicant remains in the ARNG. 4. The applicant provides: a. Orders Number 129-004H issued by the Joint Force Headquarters, Mississippi National Guard dated 9 May 2018, ordered him to full-time National Guard duty from 10 May 2018 to 31 July 2019 for a One-time Occasional Tour, effective 10 May 2018 under the authority of Title 32, United States Code (USC). b. Orders Number 259-027 issued by the Mississippi Military Department, The Adjutant General's Office dated 15 September 2020, ordered him to full-time National Guard Duty-Operational Support. c. Orders Number 272-061 issued by the Mississippi Military Department, The Adjutant General's Office dated 28 September 2020, ordered him to full-time National Guard Duty-Operational Support. d. Self-authored statement dated 11 March 2021, wherein the applicant requested a closed year payment for Fiscal Year (FY) 2015. e. NGB Form 23A dated 12 March 2021, showing the applicant's retirement points for the period covering 13 March 2003 to 12 March 2021. * 1831 Active Duty Points * 2724 Total Career Points * 2717 Total Points for Retired Pay * 17 years, 0 months, and 0 days Creditable Service for Pay f. NGB Form 23A1 dated 12 March 2021, showing the applicant's retirement points for the period covering 10 August 2019 to 9 February 2020. g. Joint Force Headquarters, Mississippi National Guard Memorandum Subject: Notification of Closed Year Incentive Payments dated 11 March 2021, notified the applicant that he had a closed year incentive payment (REB, Closed Fiscal Year 2015) that met eligibility criteria for payment processing. He was instructed to submit a written request to the State Manager within 45 days of the memorandum to process payments. Failure to submit a request would result in the payments to be closed without processing. h. GIMS Contract Summary, undated, showing the applicant's current contract status as active/reconcile establishments. The first action was dated 27 February 2015 citing establishment rejection. The final action was dated 3 June 2021 citing NGB establish. The next status stated to reconcile establishments. Under Perform Action, it was noted that the Defense Joint Military Pay System Reject Report and the Bonus Master record data would be evaluated. * Contract Signature Date – 15 May 2014 * Contract Start Date – 27 March 2015 * Obligation End Date – 26 March 2021 * Contract Amount - $10,000.00 * Bonus MOS – 92F * Paragraph/Line – 704/01 5. In the processing of this case, an advisory opinion was obtained from the National Guard Bureau, Chief, Special Actions Branch on 30 March 2023. The advisory official recommended approval of the applicant's request. The opinion was coordinated with the Mississippi Army National Guard and the Army National Guard Incentives Branch. It states in pertinent part: a. On 13 March 2003, the applicant enlisted in the Mississippi Army National Guard for an 8-year service obligation. On 26 March 2009, he signed an 8-year reenlistment contract and received a $10,000.00 REB which started on the same effective date and his obligation ended on 25 March 2015. On 15 May 2014, the applicant completed a 6- year extension to his reenlistment contract. He again signed a $10,000.00 REB addendum with control number but received no payment to date. The incentive contract started on 27 March 2015 and his obligation ended on 26 March 2021. b. Guard Incentive Management System (GIMS) payment information reflects that the applicant's initial payment, scheduled for 27 March 2015, was cancelled and his second payment, dated 27 March 2019, was placed on hold. According to GIMS history notes, the contract was created on 15 May 2014 and validated on 30 May 2014. Subsequently, contract establishment was rejected by the system, and it was not requeued until 5 March 2020 since the contract was not established in the Defense Joint Military Pay System. The GIMS history notes further show numerous establishment rejections and reconciliation failure attempts during the period of March 2020 through June 2021. c. The applicant's REB authority was based on National Guard Bureau Policy Memorandum 09-026, Section V, Table 1, Rule B and National Guard Regulation (NGR) 600-7, Section IV, Paragraph 2-13. Pursuant to NGR 600-7 and under the provisions of Title 37, USC, section 308b, an enlisted member of the Selected Reserve who completed less than 20 years of total military service and who voluntarily reenlists or extends in a designated skill or unit for at least 3 years may be paid an REB the day after their current scheduled ETS. Additionally, Title 31, USC, section 3702(b) (Barring Act) provides a 6-year statute of limitations on claims against the Government. However, under Title 31, USC, section 3702(e), upon request of the Secretary concerned, the Secretary of Defense may waive the time limits established by the Barring Act for claims involving a uniformed service member’s pay, allowances or survivor benefit, to allow payment of the claim up to $25,000.00. d. The applicant met REB eligibility requirements outlined in NGR 600-7, paragraph 2-15. However, due to multiple system errors, his incentive was untimely processed. GIMS history notes indicate a significant gap from the period of April 2015 to March 2020. Similarly, the GIMS history notes of his prior incentive contract also revealed a similar gap from the period of May 2009 to December 2012 with the contract marked complete on 4 May 2020. e. It is apparent that an administrative oversight occurred during his prior contract that prevented the timely processing of his FY 2015 incentive. As a result of this lapse and the consecutive system errors, his incentive exceeded the Barring Act 6-year limitation provided under Title 31, USC, section 3702(b). Therefore, an ABCMR approval decision is necessary to waive the time limits established by the Barring Act. f. The Mississippi Army National Guard acknowledged that the applicant was never paid any incentive from his 2014 contract extension. The bonus could not be established in the Defense Joint Military Pay System due to a previous incentive and Case Management System case that was never submitted which caused multiple rejections followed by a GIMS outage. g. The Mississippi Army National Guard recommends that the applicant submit an ABCMR application as he is rightfully due his incentive. The Army National Guard Incentives Branch recommends that the State submit a FY 2019 closed year payment request for Soldier’s subsequent payment. h. The applicant satisfactorily fulfilled his military obligation for the period in which he received the bonus and continuously served in the Mississippi Army National Guard. To date, he has earned a total of 20 years of creditable service for retired pay and his current ETS date is 26 March 2025. 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 evidence of record shows on 13 March 2003, the applicant enlisted in the MSARNG for 8 years. On 26 March 2009, he signed a reenlistment contract and received a $10,000.00 REB; which started on the same effective date and his obligation ended on 25 March 2015. On 15 May 2014, he completed a 6-year extension to his reenlistment contract. He again signed a $10,000.00 REB addendum with control number but received no payment to date. The incentive contract started on 27 March 2015 and his obligation ended on 26 March 2021. b. The applicant met REB eligibility requirements outlined in his Addendum; however, due to multiple system errors, his incentive was untimely processed. An administrative oversight occurred during his prior contract that prevented the timely processing of his FY 2015 incentive. As a result of this lapse and the consecutive system errors, his incentive exceeded the Barring Act 6-year limitation provided under Title 31, USC, section 3702(b). Therefore, the Board determined an injustice has occurred and the applicant should not be penalized for administrative errors beyond his control. ? 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 the applicant timely submitted an exception to policy to the National Guard Bureau for payment of his 15 May 2014 Reenlistment/Extension Bonus * showing the NGB timely received, accepted, and approved the applicant’s exception to policy and processed payment in accordance with said Addendum 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. 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. 3. Title 31, USC, section 3702, is the 6-year barring statute for payment of claims by the government. In essence, if an individual brings a claim against the government for monetary relief, the barring statute says that the government is only obligated to pay the individual 6 years from the date of approval of the claim. Attacks to the barring statute have resulted in litigation in the U.S. Court of Federal Claims. In the case of Pride versus the United States, the court held that the Board for Correction of Military Records (BCMR) is not bound by the barring act, that the BCMR decision creates a new entitlement to payment and the 6 years starts running over again, and that payment is automatic and not discretionary when a BCMR decision creates an entitlement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004972 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1