ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180005568 APPLICANT REQUESTS: * suspension of bonus incentive termination and recoupment * reinstatement of his bonus APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Request for Exception to Policy (ETP) * Army Physical Fitness Test (APFT) Scorecard * Character Letter * Self-Authored Letter * Oath of Extension or Reenlistment * Bonus Addendum * Understanding of Incentive Contract Payment FACTS: 1. The applicant requests to be released from his debt and reinstatement of his bonus. He asks the Board to review the documents he submitted with his application. 2. The applicant's service records contain his bonus addendum, dated 2 November 2013, and a DA Form 705 (APFT Scorecard), which the applicant provided to the Board. 3. The applicant's service records contain a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 9 December 2017 removing a flag for APFT failure. 4. The applicant's service record is void of a response from National Guard Bureau in reference to the applicant's request for an exception to policy (ETP). 5. The applicant provides, the following documents for the Board's consideration: a. A memorandum from the Deputy Chief of Staff, Personnel to Chief, Guard Strength Education, dated 30 January 2018, which states: * request an ETP be approved for the applicant * the applicant took APFTs on 5 November and 3 December 2016, which he failed * the applicant was going through family court and custody issues during this timeframe * the applicant received a termination of his bonus letter * due to not receiving a response from the applicant, the termination was processed and the debt was established * the applicant sent a statement requesting an ETP on 20 January 2018 * the applicant satisfied the requirements outlined in the Selective Reserve Incentive Program (SRIP) policy 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 memorandum to the applicant from the State of South Carolina Military Department, dated 4 August 2017, which states: * the applicant was notified his bonus was terminated * the termination was for two consecutive APFT failures * the termination date was 3 December 2016 * the termination was with recoupment in the amount of $1,250 * the applicant needed to respond within 45 days from receipt of the memorandum d. A DA Form 705s shows he: * failed his APFT on 5 November 2016 * failed his APFT on 3 December 2016 * passed his APFT on 9 December 2017 e. A memorandum from the applicant's company commander to the Board, dated 7 March 2018, which states: * he'd been the applicant's commander for 2 years * the applicant was an exceptional Soldier within their organization * his dedication to duty exceeded his peers and he had unlimited potential * his personal character and integrity were beyond reproach * he is an example for others to emulate * he had the fortitude and work ethic of Soldiers senior to him grade * he took pride in being a leader and was mentoring his subordinates * during times of stress, he remained calm and mission focused * he received criticism and counsel well as he continued to strive to advance personally and professionally * he was a loving husband and father of three * he was a role model for his family and fellow Soldiers * the commander believed he is an exceptional Soldier and individual * the applicant made personal sacrifices in the service of a greater cause * he is to be commended for his dedication to our nation, his state, and the South Carolina Army National Guard f. An undated self-authored letter, which states: (1) He has been in the guard for more than 10 years. He had never been absent without leave or disciplinary actions. He only received a FLAG when he failed his APFTs. (2) Any person who knows the applicant does not like to open up about his life and endeavors, however, he is older and wiser, so he realizes talking is important. (3) The past few years of his life, he was in a depressed state of mind. He didn't like life at the time because of the missing voids in his life. That void was the loss of his daughter. She didn't die but she was missing. The mother of his child decided to uproot and leave with no warning and no communication. (4) For two years he had to work, drill, and tried to take school. He could not focus due to the pain of not knowing where his child was or how she was living or if she was living at all. He asks the Board to imagine being there with your child every day and then not knowing if they were alive. He was in and out of family court trying to get them to do something because he was paying child support and had his visitation rights. All the judge could tell him was he was sorry and the applicant needed to have her served. (5) After getting lawyers and multiple investigators involved, he finally located his daughter who was out of state. He got his just deserves, however, in that time frame he dropped out of school because he couldn't focus. He gained weight from being depressed, and he wasn't his full self. (6) He says this is not an excuse, but he believes if the Board spoke with his leadership and Soldiers that know who he is, they would say nothing but good things and that he is a dependable Soldier. Family is the backbone and motivation for most Soldiers to include the applicant. His family just got right. (7) He did not feel good about not passing his APFT during those times, but he was not in the mindset. He hopes his words do not go on deaf ears. Failing another is not an option as he takes pride in being a Soldier first but more so a leader. Leaders make mistakes, but he needs the change to get back what's his. g. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), which shows the applicant reenlisted on 2 November 2013 for 6 years. h. A bonus addendum, dated 2 November 2013, which shows: * he reenlisted in his duty military occupational specialty * he was reenlisting for 6 years * his bonus was for $10,000 * his bonus would be terminated if he had two consecutive APFT failures * the termination date would be the date of his second APFT failure i. A memorandum from record, from National Guard Bureau, signed by the applicant on 2 November 2013, which states the applicant understand the incentive authorized would only be paid contingent upon Congressional approval to expend funds. 6. See below for references. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief is warranted as a matter of exception to policy. The applicant’s enlistment bonus debt should be cancelled, funds collected reimbursed to the applicant, and his enlistment bonus eligibility be fully reinstated. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Department of the Army records of the individual concerned be corrected by cancelling his enlistment bonus debt, refunding to him all debt funds collected, and showing that his enlistment bonus eligibility is fully reinstated. 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 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army may not be canceled under Title 10 USC, section 4837, when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005568 5