ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20160019785 APPLICANT REQUESTS: the applicant requests, as an exception to policy (ETP), to receive the remainder of a $10,000 Reenlistment/Extension Bonus (REB) he contracted for while serving in the Idaho Army National Guard (IDARNG) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement in Support of Claim, TDR * Self-Support Statement * Memorandum For KYARNG, 10 November 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 due to two Army Physical Fitness Tests (APFT) on 4 November 2014 and 1 November 2015, he was identified for recoupment of his reenlistment bonus. He understands the condition of his bonus and he has the obligation to maintain proper Army standards for physical fitness. He is submitting an appeal due to financial hardship, as a result of the recoupment. There is no excuse and since then, he has passed all of his APFTs with no issues and has made great progress in his career. He feels that he can be a great asset to his unit and he continues to develop his physical fitness standards to excellence. He will lead by example and truly live the values of a noncommissioned officer and as a citizen soldier. He would like the Board members to know he greatly appreciates any and all of their consideration. 3. The applicant provides: a. A statement in support of his claim from X___, which states he is a two time Veteran from Afghanistan where he received two Bronze Star Medals. He is a Kentucky Colonel, but most of all a Soldier. He has known the applicant for over 10 years and in that time he has grown to know him as a person, a fellow Soldier and a friend. He asks the board to consider an exception to policy for the applicant. He puts his family first daily, works multiple jobs, takes care of both his disabled brother and sister. He is a great person and although he has slacked in physical fitness, he is aware and knows this. He uses this experience to motivate himself to pass the APFT and is proud to say he has passed. X___ humbly asks that the Board understands the applicant’s situation and hopes that it considers the adversity he has overcome in his life, while faithfully serving in the Kentucky Army National Guard (KYARNG). If given an opportunity, he will not disappoint the KYARNG and will continue to surpass tactical and technical knowledge, skills and his physical fitness to be in compliance with Army standards. b. A self-authored statement, which states he is assigned to Detachment 1/207th Construction Company. In 2013, he renewed his contract for an additional 6 years with a reenlistment bonus of $10, 000. Due to two APFT failures, his reenlistment bonus is at risk of being forfeited. He is writing to request an exception to policy (ETP). He understands his obligation and is working two jobs that average around 65 hours weekly and also helps out his mom and 2 siblings. He is requesting to keep his bonus despite his APFT failures. He now has a passing record on the APFT and his flag was lifted in April 2016. He is dissatisfied with himself knowing what is required to maintain the Army standards and failing to do so. He has used these circumstances as motivation to push himself to better his career. c. A memorandum, dated 10 November 2016, with the headings: MEMORANDUM FOR: Kentucky Army National Guard; ATTN: State Incentive Manager; SUBJECT: request for Exception To Policy (ETP) for Reenlistment Incentive programs. The memorandum states that the ETP is disapproved. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard on 6 August 2007. b. His NGB Memorandum 7-3-R-E states he will be eligible for continued receipt of his contract under the following conditions, if he meets the follow: * Section II (Eligibility), #9, he must not have an active Suspension of Favorable Personnel Actions (SPFA) * Section VI, (h) he understands he may be terminated from REB eligibility with recoupment if he has two consecutive record APFT failures and/or two consecutive failures to meet body fat standards within the contract term, the termination date will be effective on the date of his second APFT failure or second failure to meet body fat standards c. His NGB Memorandum 7-4-R-E states he may be eligible for continued receipt of his contract under the following conditions: * Section III (Termination) , # 1 he understands that he is reenlisting/extending for a bonus for the term of 6 years for $20,000 to be processed lump sum on the contract start date * Section IV, # 1b – he understands that if he receives an active suspension of favorable personnel actions (SFPA) flag (excludes Army Physical Fitness Test) or failure to meet Army Body Composition Program (ABCP) per AR 600-8-2 effective on his start date of afterwards, his payments will be suspended until such time as the SFPA is removed. * Section V, #8 if during a period of an SFPA flag specifically for non- consecutive APFT or ABCP failure, when the APFT and/or ABCP SFPA flag is favorably removed, continued receipt of his incentive authorized * Section VI, (h) – he may be terminated from eligibility with recoupment if he has two consecutive record APFT/ABCP failures within this contract term, the effective date of termination is the date of his second “For Record” APFT/ABCP failure 5. DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each written agreement REB will be authenticated with the service representative’s signature, the service member’s signature and the witnessing officer’s typed name, grade and signature. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he did not adhere to his contract and the incentives was properly terminated. The Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 12/4/2019 X CHAIRPERSON Signed by: 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures) currently in effect, requires each written agreement REB will be authenticated with the service representative’s signature, the service member’s signature and the witnessing officer’s typed name, grade and signature. 3. ARNG SRIP Policy Number 13-01, in effect at the time states the addendum is not valid if it was signed before or after the execution date of the DD Form 4 or DA Form 4836 and was not signed and dated by the Soldier, service representative, and the witnessing officer at the time the document was executed. //NOTHING FOLLOWS//