ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 November 2019 DOCKET NUMBER: AR20170002432 APPLICANT REQUESTS: that her exception to policy (ETP) be approved to retain student loan re-payment incentives and bonus per her enlistment contract dated 10 June 2009. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 (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 that in 2010 when she arrived at the 649th Military Police Company, she took an Army Physical Fitness Test (APFT). She thought that she only needed one record APFT on file and the APFT that she took in April 2010 was for record. She took a record APFT in October of 2010 and failed but was never counseled. In November 2010, she took another APFT that she understood to be a diagnostic but was recorded as a record APFT which she failed and again she was not counseled for this failure. In January 2011, she took another APFT for record and passed. She submitted an ETP for her APFT failures but it was denied. With the denial of her ETP, she states that, she would have to pay back her student loans. According to her contract, her student loans and bonus should not be affected by failing her APFT抯. 3. A review of the applicant抯 service record shows the following: a. She enlisted in the Army National Guard (ARNG) on 10 June 2009. b. Her ARNG Selective Reserve Montgomery GI bill (MGIB), dated 10 June 2009, states that entitlements will be terminated if the applicant is declared an unsatisfactory participant per AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Provisions). The applicant acknowledged that that if she receives financial assistance and lose entitlements due to unsatisfactory participation, she may be required to refund part of her education assistance plus interest. c. Annex E to DD Form 4, dated 10 June 2009, states that she will receive incentive bonus in the amount of $10,000 for enlistment 50% payment once she ships on 25 September 2009. The bonus will be paid in 3 installments. Section V (Termination) (k) states that two consecutive record APFT failures or two consecutive failures to meet body fat standards may result in termination from bonus eligibility with recoupment. d. After an exhaustive search no record or diagnostic APFT results could be found in the applicant抯 service record. There is no evidence that an incentive recoupment has been initiated against the applicant as result of her denied ETP in her service record. Nor do her records contain a copy of an ETP that has been denied. e. She was released from active duty on 4 March 2010 with an uncharacterized character of service. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that she completed 5 months and 6 days of active duty service. f. She was released from active duty on 17 September 2012 with an honorable character of service. Her DD Form 214 shows that she completed 1 year, 1 month, and 13 days of active duty service. g. She was released from active duty on 30 January 2016 with an honorable character of service. Her DD Form 214 shows that she completed 1 year and 15 days of active duty service. 4. AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Provisions) Army National Guard of the United States and U.S. Army Reserve service obligations. It prescribes policies and procedures governing the various types of service obligations and participation requirements. 5. NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs (SRIP)) paragraph 1-24(Termination of Incentives) states that a. Incentive eligibility and entitlement will stop when any of the termination reasons listed in paragraphs 1-25 and 1-26 or the applicable program chapters and sections apply. The Soldier will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Termination of an incentive will not affect a Soldier抯 responsibility to serve their current statutory or contractual Service commitment. b. The unit commander or authorized unit representative will initiate termination procedures and inform the State incentive manager (IM) when a Soldier is not in compliance with the incentive terms and conditions. 6. NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs) paragraph 1-25 (Termination of Incentives) states that termination with recoupment is defined as termination of the incentive with Soldier is entitled to a prorated incentive amount based on the number of months served satisfactorily prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. 7. AR 601-210 (Regular Army and Reserve Components Enlistment Program) paragraph 10-6b (Suspension of Incentives) states a Soldier who has a suspension of favorable personnel action, initiated per AR 600𤾄, will not be processed for an initial or anniversary payment. Bonus payment(s) will be processed effective on the date the suspension is lifted for those Soldiers who have continued eligibility. This excludes suspension of favorable personnel actions for the Army physical fitness test failure or failure to meet body fat standards. Repeat Army physical fitness test failure or failure to meet body fat standard within a 1-year period will result in the suspension of an incentive. Two consecutive Army physical fitness test or body fat standard failures will result in the termination of an incentive. 8. ARNG SRIP FY19, States that The SLRP provides repayment of authorized loans up to a maximum cap amount of $50,000 inclusive of interest as established by the Department of the Army. Repayment of eligible loans begins when the request for payment(s) have been submitted by the Soldier up to 90 days prior to each anniversary date. Eligible loans in default status at time of contracting are not eligible for repayment during the contracted term. National Student Loan Database System (NSLDS) documents (Summary Aid/Detailed Loan Information Sheets) must contain a print date within 30 days of the pre- approval. MEPS GCs and RCCC are not authorized to offer the SLRP without a valid pre- approval conducted through GIMS. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the terms of the incentives and the evidence demonstrating the applicant failing to meet the terms of that agreement (specifically satisfactory participating in drill duty), the Board determined there was insufficient evidence to show an error or injustice was present by removing the enlistment incentives offered. ? 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. 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 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. AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Provisions) Army National Guard of the United States and U.S. Army Reserve service obligations. It prescribes policies and procedures governing the various types of service obligations and participation requirements. 3. NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs (SRIP)) paragraph 1-24(Termination of Incentives) states that a. Incentive eligibility and entitlement will stop when any of the termination reasons listed in paragraphs 1-25 and 1-26 or the applicable program chapters and sections apply. The Soldier will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Termination of an incentive will not affect a Soldier抯 responsibility to serve their current statutory or contractual Service commitment. b. The unit commander or authorized unit representative will initiate termination procedures and inform the State incentive manager (IM) when a Soldier is not in compliance with the incentive terms and conditions. 4. NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs) paragraph 1-25 (Termination of Incentives) states that termination with recoupment is defined as termination of the incentive with Soldier is entitled to a prorated incentive amount based on the number of months served satisfactorily prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. 5. AR 601-210 (Regular Army and Reserve Components Enlistment Program) paragraph 10-6b (Suspension of Incentives) states a Soldier who has a suspension of favorable personnel action, initiated per AR 600𤾄, will not be processed for an initial or anniversary payment. Bonus payment(s) will be processed effective on the date the suspension is lifted for those Soldiers who have continued eligibility. This excludes suspension of favorable personnel actions for the Army physical fitness test failure or failure to meet body fat standards. Repeat Army physical fitness test failure or failure to meet body fat standard within a 1-year period will result in the suspension of an incentive. Two consecutive Army physical fitness test or body fat standard failures will result in the termination of an incentive. 8. ARNG SRIP FY19, States that The SLRP provides repayment of authorized loans up to a maximum cap amount of $50,000 inclusive of interest as established by the Department of the Army. Repayment of eligible loans begins when the request for payment(s) have been submitted by the Soldier up to 90 days prior to each anniversary date. Eligible loans in default status at time of contracting are not eligible for repayment during the contracted term. National Student Loan Database System (NSLDS) documents (Summary Aid/Detailed Loan Information Sheets) must contain a print date within 30 days of the pre- approval. MEPS GCs and RCCC are not authorized to offer the SLRP without a valid pre- approval conducted through GIMS. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170002432 3 1