ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20180003119 APPLICANT REQUESTS: * suspension of bonus incentive termination and recoupment * in effect, payment of his bonus in full * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Notification of Incentive Eligibility Termination * Army Physical Fitness Test (APFT) Data * DA Form 705 (APFT Scorecard) FACTS: 1. The applicant states his bonus was terminated with recoupment of $7,500 on 1 May 2015 due to consecutive APFT Failures. He has failed his APFT once on 1 May 2015. The record shows he failed it consecutively, but it is a duplicate entry with a different date. He has his DA Form 705 verifying he failed only once and passed his APFT afterward. The Army UPS [sic] system says supports his claim. The Guard Incentive Management Subsystem (GIMS) has the wrong data, and he is not subject to any type of incentive actions. He is requesting for the issue to be resolved and the pay that has been deducted from him returned. 2. The applicant's service records contain his bonus addendum, dated 4 May 2013, which shows the bonus could be terminated with recoupment if the Soldier has two consecutive APFT failures. The applicant signed and endorsed this form along with the enlisting official. 3. The applicant's service records are void of APFT results. The applicant's service records are void of DA Form(s) 268 (Report to Suspend Favorable Personnel Actions (Flag)) indicating he was flagged for APFT failure. 4. The applicant provides, the following documents for the Board's consideration: a. A memorandum from Michigan National Guard Joint Force Headquarters, dated 20 April 2017, which states his bonus was terminated with recoupment of $7,500 on 1 May 2015 for two consecutive APFT failures. The applicant disputed the termination and requested an exception to policy be submitted to the National Guard Bureau. b. A UPS/CMS printout on his APFT Data, which shows: * he failed his APFT on 2 May 2015 * he passed his APFT on 15 October 2017 * there is no data showing APFT results for 2016 c. A GIMS printout on his APFT Data, which shows he: * failed his APFT on 1 May 2015 * failed his APFT on 11 November 2015 * failed his APFT on 15 May 2016 * passed his APFT on 7 October 2017 d. A DA Form 705s shows he: * passed his APFT on 10 February 2013 * passed his APFT on 3 May 2014 * failed his APFT on 2 May 2015 * lacked data for an APFT in 2016 * passed his APFT on 15 October 2017 5. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 6. See below for references. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the terms of his bonus addendum, evidence regarding APFT results in CMS, GIMS and as recorded on DA Forms 705 and the memorandum from the Michigan National Guard Joint Force Headquarters regarding termination of his incentive with recoupment. The Board found the available records reflect multiple APFT failures between 2015 and 2016, with only the GIMS data showing an APFT failure in 2106. Considering the results and the MARNG memorandum, the Board found insufficient evidence to rebut the evidence in GIMS. Based on a preponderance of evidence, the Board determined that termination of the applicant’s incentive with recoupment was not in error or unjust. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. Army National Guard Selected Reserve Incentive Program Policy for Fiscal Year (FY) 2013, (Policy Number 13-01), dated 29 November 2012, states a bonus may be terminated with recoupment if the Soldier receives two consecutive record APFT failures and/or two consecutive failures to meet body fat standards within the contract term. The effective date of termination is the date of the second APFT Failure or second failure to meet body fat standards. 2. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20180003119 3