ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180006219 APPLICANT REQUESTS: * suspension of bonus incentive termination and recoupment * reimbursement of monies paid toward debt APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Notification of Incentive Eligibility Termination * Notification of Incentive Discrepancy and Exception to Policy (ETP) Process * Erroneous Army Physical Fitness Test (APFT) History * Request for Assistance to Remove Erroneous Bonus Debt Collection * Leave and Earnings Statement (LES) History Display * APFT Scorecards * Oath of Extension of Enlistment or Reenlistment * Bonus Addendum FACTS: 1. The applicant states his unit input a diagnostic APFT into the system as a record APFT. He only had one APFT failure. He received his first notification of incentive eligibility termination on 19 March 2015. The unit sent in a memorandum on his behalf to alleviate the issue. He thought the issue was resolved and no action would be taken. On 11 January 2018, he received another notification of incentive eligibility termination stating he had 45 days to reply. His commander replied on 20 January 2018 on his behalf. On 14 February 2018, a debt of $9,166.67 appeared on his LES. His Readiness Noncommissioned Officer received an email stating the applicant was offered due process on 19 March 2015 for failing two consecutive APFTs. The email stated the applicant had a sufficient amount of time to address the issue and since the debt belonged to the Defense Finance and Accounting Service (DFAS), the Board is the only way to remove the erroneous debt and reimburse any recouped fund. The erroneous input was acknowledged by G-1 on 14 February 2018. 2. The applicant's service records contain a DA Form 268 (Report to Suspend Favorable Personnel Action (FLAG)), dated 4 December 2011, which is removing a FLAG because the applicant passed his APFT. 3. The applicant's service records are void of APFT results applicable to this time frame. 4. The applicant provides, the following documents for the Board's consideration: a. A memorandum from Joint Force Headquarters Alabama National Guard, dated 19 March 2015, which states his bonus was terminated with recoupment of $9,027.78 on 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 memorandum from Joint Force Headquarters Alabama National Guard, dated 11 January 2018, which states: * his reenlistment bonus was terminated * the debt amount was $9,305.68 * the termination was for two consecutive APFT failures as of 4 April 2014 * the applicant was not eligible for an ETP c. A memorandum from the applicant's company commander, dated 29 January 2018, which states: * the scores in put into the system were done incorrectly * diagnostic APFT scores were input and it looked like the applicant failed three record APFTs * the applicant failed a diagnostic APFT on 4 April 2014 and 17 May 2014 * the applicant passed a record APFT on 13 June 2014 * he failed a record APFT on 12 January 2014 * he passed a record APFT on 11 January 2015 * some of the diagnostic failures were entered by mistake by full time staff as record APFTs * the applicant should not be at fault and his bonus should not be effected d. A memorandum for DFAS from the Incentive Manager of the Alabama National Guard, dated 20 February 2018 which states: * the applicant's bonus was erroneously terminated for recoupment in the amount of $9,199.67 * due to administrative error the applicant's bonus was terminated with recoupment * the bonus should not have been terminated for consecutive record APFT failure * the incentive office was requesting removal of the erroneous bonus debt in DFAS and a refund of all monies recouped e. A LES History Display printout, which shows the applicant had a reenlistment bonus debt in the amount of $9,166.67. f. Two DA Forms 705 (APFT Scorecard), which show: * on 11 November 2012, the applicant passed a record APFT * on 12 January 2014, the applicant failed a record APFT * on 11 January 2015, the applicant passed a record APFT * on 15 March 2015, the applicant failed a diagnostic APFT * on 2 July 2014, the applicant failed an APFT, the document does not distinguish whether it was a record or diagnostic * on 4 April 2014, the applicant failed a diagnostic APFT * on 17 May 2014, the applicant failed a diagnostic APFT * on 13 June 2014, the applicant passed a record APFT g. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 5 December 2012 which shows the applicant reenlisted in the Army National Guard for a period of 6 years. h. Annex R to DD Form 4 or DA Form 4836 Reenlistment Extension Bonus Addendum, dated 6 December 2012, which shows the bonus would be terminated with recoupment if the Soldier had two consecutive record APFT failures. 5. 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 contract and incentive, his record of APFTs and the termination of his bonus with recoupment. The Board considered the memoranda from Joint Force Headquarters Alabama National Guard, the applicant’s company commander and the state Incentive Manager and two DA Forms 705 (APFT Scorecard). The Board found insufficient evidence to show that the applicant violated the terms of his contract and determined that the termination and recoupment of his incentive was in error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 to reflect: - the applicant retained his eligibility for the incentive; - the termination action is reversed; - the applicant is entitled to receive the entirely of his bonus, and; - reimbursement of the applicant for money previously collected as a result of the bonus termination/recoupment. 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 that 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. ABCMR Record of Proceedings (cont) AR20180006219 4