IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20160000229 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X__ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20160000229 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20160000229 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 allow him to retain the Student Loan Repayment Program (SLRP). 2. He states, in effect, that his Army Physical Fitness Test (APFT) retest was not valid or legal because he had bronchitis and the APFT was administered prior to the end of his recovery period. He further contends that he was involuntarily transferred as the result of the unit reorganization that eliminated his position and required him to unwillingly change his primary military occupational specialty (PMOS). 3. He provides medical documents and the National Guard Bureau (NGB) denial of his request for an Exception to Policy (ETP). CONSIDERATION OF EVIDENCE: 1. On 19 August 2011, he enlisted in the Colorado Army National Guard (COARNG). On this same day, he signed Annex L (SLRP) to DD Form 4 (Enlistment Document). This form shows, in part, that: a. he was a non-prior service applicant who enlisted in the COARNG for a minimum of 6 years and a concurrent military service obligation of 8 years for an SLRP incentive of up to $50,000.00; and b. he understood his SLRP would be terminated with recoupment if he had two consecutive APFT or body fat standard failures within a one-year period. 2. In a memorandum, subject: Request for ETP for SLRP, dated 12 November 2015, the Chief, Personnel Programs, Resources and Manpower Division, responded to the State Incentive manager, COARNG concerning the applicant's request for an ETP. The memorandum- a. disapproved the applicant’s request to retain his $50,000.00 SLRP based on two consecutive APFT failures which violated the Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 10-6b; and b. directed the State Incentive Manager to terminate the incentive with recoupment effective the date of the second APFT failure. 3. In a memorandum, dated 5 May 2015, the applicant stated that: a. he failed the first APFT on 13 August 2013 because he fell down and did not finish in the required time. b. he last saw his physician on 11 January 2014 for his bronchitis. He was still suffering with symptoms related to his bronchitis and taking strong antibiotics with breathing treatments when he was administered what he was told was a diagnostic APFT on 11 February 2014. He failed this APFT due to his medical condition and later found out that the test was for record. c. regulatory guidance states that Soldiers recovering from injury, illness, or other medical conditions must train within the limits of their medical profiles and be afforded a minimum train-up period of twice the length of the profile. d. he was administered another APFT approximately two months later which he passed with a run time of 16 minutes and 40 seconds. He has since passed several APFTs. e. he served as a temporary technician while assigned to the 9th Field Maintenance Shop (FMS) Number 9 from 20 May to 30 August 2014 (under 105 days). He was told that this period did not exceed the allowable time that would result in the termination of his bonus. He was later hired into an “indefinite” technician position on 10 February 2015 with another unit. 4. Medical documents provided by the applicant show he was diagnosed and treated for acute bronchitis between 5 November 2013 and 11 January 2014. 5. His medical records were not available for review and the applicant did not provide a DA Form 3349 (Physical Profile) related to his bronchitis or a copy of his DA Form 705 (Army Physical Fitness Scorecard). REFERENCES: 1. Field Manual 7-22 (Army Physical Readiness Training) states Soldiers recovering from injury, illness, or other medical conditions must train within the limits of their medical profiles (DA Form 3349) and be afforded a minimum train-up period of twice the length of the profile. Prescribed train-up periods must not exceed 90 days before APFT administration or other unit physical readiness goal requirements according to AR 350-1 (Army Training and Leader Development). 2. Soldiers who fail a record APFT for the first time or fail to take the APFT within the required period will be flagged. In the event of a record test failure, commanders may allow Soldiers to retake the test as soon as the Soldier and the commander feel the soldier is ready. Soldiers without a medical profile will be retested not-later-than 3 months following the initial APFT failure. 3. Army Regulation 601-210 states in paragraph 10-6b that APFT failure or failure to meet body fat standards within a one-year period will result in the suspension of an incentive. Two consecutive APFT or body fat standard failures will result in the termination of an incentive. DISCUSSION: 1. The applicant requests correction of his military records to retain his SLRP. 2. The NGB ETP denial does not state his SLRP was denied because he was not in his contracted MOS or unit of assignment. The Board’s review focused on the reason cited which was his second consecutive APFT failure. 3. The applicant contends that his unit violated applicable regulation(s) by requiring him to retake his APFT while still in the recovery period. However, there is no evidence showing he was ever issued a DA Form 3349 by a medical authority for his bronchitis. Soldiers are not automatically authorized a recovery period after every illness. Without a medical profile he should have been retested within 3 months of the first failed APFT. It appears his unit gave the applicant approximately 6 months after the first failure. 4. His SLRP addendum clearly states, and he acknowledged, that his SLRP would be terminated with recoupment if he had two consecutive APFT failures within a one-year period. Based on the dates provided by the applicant his APFT failures occurred within a one-year period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000229 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000229 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2