IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220005229 APPLICANT REQUESTS: reinstatement and payment of the first half of her Reenlistment Bonus in the amount of $5,000.00. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Letter * DA Form 4836 (Oath of Extension or Enlistment), 11 January 2014 * 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 United States), 11 January 2014 * SF 50 (Notification of Personnel Action), 25 January 2015 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 she is owed payment of the first portion of her reenlistment bonus in the amount of $5,000.00 for meeting the requirements of service of 3 November 2014 prior to becoming a technician on 25 January 2015. 3. A review of the applicant's available service records reflects the following: a. On 3 November 2008, she enlisted in the Texas Army National Guard (TXARNG) for a period of 6 years. b. On 11 January 2014, she reenlisted/extended in the TXARNG for a period of 6 years. In conjunction with this reenlistment/extension NGB Form 600-7-3-R-E was completed showing she was entitled to a reenlistment bonus in the amount of $10,000.00. Payment would be processed in 2 installments, the first 50 percent payment to be processed the day after her current expiration term of service and the second 50 percent payment to be processed on the 4-year anniversary. Section 6 (Termination) states the REB would be terminated if she accepted a Temporary Mil- Tech position that exceeds 180 days within a continuous 12-month period where membership in a Reserve Component (RC) is a condition of employment and have served more than1 day of this reenlistment/extension contract. The termination date is the Mil-Tech position start date with loss of all future payments. c. On 25 January 2015, SF 50 reflects she excepted appointment as a Materials Handler, Military Technician. 4. On 7 November 2022, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending approval of the applicant's request stating: a. The applicant states that she never received her first installment of her REB in 2014. She extended her service in January 2014 for six years and was entitled to a $10,000.00 bonus. She then became a Military Technician effective January 2015 and was ineligible for the second installment of her REB. She requests that the ABCMR approve back pay of the first installment of her REB. b. The applicant’s records show that she signed a reenlistment/extension contract for six years in January 2014 with a bonus of $10,000.00, and the contract was established in the system in October 2014. However, due to errors in the system, the first installment of her REB was never paid, and the contract was returned to active status in April 2022. In January 2015, the applicant accepted her Military Technician position, thus terminating the rest of her six-year extension of service in the TXARNG. c. 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 Expiration Term of Service (ETS) at the time of signing the extension. When the applicant signed her extension in January 2014, she had 295 days until her ETS, and her first installment of the bonus should have been processed for payment on 3 November 2014. The second installment of her REB was terminated due to her acceptance of the Military Technician position in January 2015. d. Based on the applicant’s claims and her records, the applicant never received her first installment of her REB that was due before her transition to a Military Technician position, and there are no irregularities in her records that would have prevented her payment. For these reasons, it is the recommendation of this office that the applicant’s request be approved. The applicant was never paid her first installment of REB of $5,000.00 in November 2014. It is recommended that the applicant receive her outstanding payment of her REB from her extension in 2014 that is justly owed. 5. On 13 November 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to respond. As of 28 November 2022, she did not respond. BOARD DISCUSSION: 1. 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 (NGB) Chief, Special Actions Branch advisory opinion, the Board concurred with the advising official recommendation that the applicant receive the remaining balance of her reenlistment bonus from 2014. Based on the National Guard advisory, there were errors in the system and the applicant was not paid the first installment of her reenlistment bonus. The Board determined the applicant signed her extension in January 2014, with 295 days until her expired term of service, and should have been paid her first installment of her reenlistment bonus in November 2014. 2. The Board determined the applicant did not receive her first installment of her reenlistment bonus that she was entitled to prior to her transition to a military technician position. The agreed there was sufficient evidence to show the applicant never received her first installment of her reenlistment bonus in the amount of $5,000.00. Therefore, the Board granted relief for the applicant to receive her enlistment bonus from her extension in 2014 that she is owed. 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 the first installment of her reenlistment bonus from 2014 in the amount of $5,000.00 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. Title 37, USC, section 308 (Special Pay: reenlistment bonus) states the Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who is qualified in a military skill designated as critical by the Secretary of Defense, and reenlists or voluntarily extends the member's enlistment for a period of at least three years in a regular component or the Reserve component of the service concerned. Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount. 3. National Guard Bureau Selected Reserve Incentive Program Policy Number 14-01 provides that the REB is processed in 2 installments: 50 percent on the contract start date provided the Soldier is assigned to the appropriate Military Occupational Specialty (MOS) and 50 percent on the 4-year anniversary of the contract start date provided the Soldier is assigned to the same MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005229 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1