AR20160003109

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20160003109

BOARD VOTE:

____x_____ ____x___ __x______ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20160003109

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing the appropriate authority approved an ETP authorizing the applicant to retain his REB. Any monies recouped should be returned to him.

__________x_______________
CHAIRPERSON

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.

BOARD DATE: 7 April 2016

DOCKET NUMBER: AR20160003109

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his records to show he is qualified to retain the $15,000 Reenlistment/Extension Bonus (REB) he contracted for with the Colorado Army National Guard (COARNG).

2. The applicant states, in effect, that:

a. He reenlisted in the COARNG on 9 September 2011 for a $15,000 REB. He went into the Inactive National Guard (ING) for 12 months for personal and financial reasons. He stayed in the ING from 12 April 2012 to 11 April 2013. He was instructed to extend his enlistment for 12 months when he came off ING status so that he would remain in compliance with his contract. He executed a
1-year extension of his service on 26 April 2013.

b. He has 18 years of service, but he does not know all the rules and regulations for every job in the Army. He relies on the subject matter experts to do their jobs.

c. He has not been paid the REB. Several exception to policy (ETP) requests for payment have been denied for various reasons. He has done everything he was instructed to do and feels he should receive the $15,000 REB.

3. The applicant provides copies of:

* REB Addendum, ARNG, dated 29 September 2011
* National Guard Bureau (NGB) Memorandum, Subject; Request for ETP, dated 4 December 2015

CONSIDERATION OF EVIDENCE:

1. The applicant is a master sergeant/E-8 in the COARNG.

2. His records contain copies of:

a. A 9 September 2011 DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) showing he extended his enlistment from his current separation date of 19 August 2012 to 19 August 2018 (6 years).

b. An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Decentralized State Incentive Pilot Program Addendum, ARNG of the United States) (REB Addendum), dated 9 September 2011. A bonus control number (BCN) is listed at the top of this form. This form shows in:

(1) Section III (Bonus Amounts and Payments) he initialed item 1a indicating he was extending for 6 years to receive a total bonus of $15,000 to be paid in a lump sum the day after his current separation date.

(2) Section IV (Suspension) he initialed indicating he could be suspended from incentive eligibility and no incentive would be paid during the time of suspension if he was placed in the ING for a period of 1 year.

(3) Section V (Termination) he initialed in item 3 indicating he could be terminated from incentive eligibility, with recoupment, for failure to return to active status within the approved time period for non-availability, or failure to extend the contracted period of service for a period of authorized non-availability within
30 days of return to an active status.

c. Orders 117-024, COARNG, Joint Force Headquarters, dated 26 April 2012, showing he was transferred to the ING effective 12 April 2012.

d. Orders 159-010, COARNG, Joint Force Headquarters, dated 8 June 2013, showing he was returned from the ING effective 11 April 2013.

e. DA Form 4836 showing he executed a 1-year extension of his service on 26 April 2013.

3. He provided a copy of an NGB memorandum, dated 4 December 2015, showing his ETP request to retain the REB was denied because he was not eligible for the incentive due to serving in the ING at the time of the extension.
The State Incentive Manager was directed to terminate the incentive with recoupment.

REFERENCES:

A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.

DISCUSSION:

1. The evidence of record clearly shows the applicant entered into a contract and entered the ING with the understanding he would receive the REB.

2. His REB addendum indicates he would be paid the $15,000 the day after his current separation date (19 August 2012).

3. He was in the ING from 12 April 2012 to 11 April 2013.

4. He extended his service for 1 year to cover the time he spent in the ING.

5. It would be appropriate to correct the applicant’s military records to show an ETP request was approved authorizing the applicant to retain the REB. Any monies recouped should be returned to him.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160003109

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160003109

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2