ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 April 2020 DOCKET NUMBER: AR20190007449 APPLICANT REQUESTS: * relief of reenlistment bonus recoupment * refund of money recouped * personal appearance APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Memorandum for JFHQ-TN-DJS-SGS, Subject: Congressional Inquiry – Service Member, dated 23 January 2019 * Response to the Senator, Subject: (Response to Inquiry – Service Member) from Joint Forces Headquarters (JFHQ) Tennessee Army National Guard (TNARNG), dated 24 January 2019 * DA Form 1559 (Inspector General Action Request), dated 24 January 2019 FACTS: 1. The applicant states his re-enlistment bonus recoupment is in error. a. He contacted his unit, Inspector General and senator. During the investigation, it was proven that this was not his error. A ticket was submitted to correct the error but was denied with the explanation to complete an [Army Board for Correction of Military Records (ABCMR)] claim to correct the error. The letter explaining how the applicant was getting his bonus recouped and how he had to repay it all back was sent to the wrong address which was returned with a note saying he did not live there. b. Once the applicant noticed the money was coming out of his paycheck, he contacted his unit to find out why. An error occurred with his Army Physical Fitness Test (APFT). An APFT test was keyed in the system wrong, making it appear he failed two APFTs in a row. The mistake was corrected and coded right. c. He did not fail two APFTs. His address/lease was turned in when he became married in July of 2012, as well as when they moved due to his work. He kept his end of the contract with the TNARNG, and he is just asking that he get the same in return. 2. A review of the applicant’s service records show the following: a. 29 October 2004 – he enlisted in the Army National Guard b. 11 December 2012 – he reenlisted and the addendum (NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum Army National Guard (ARNG) of the United States (ARNG)) shows: (1) the applicant reenlisted for 6 years and would receive a $10,000 bonus, and it would be processed effective the date after his current expiration term of service as a lump-sum payment. (2) he will not receive payment if he does not meet all eligibility requirements on his contract start date. (3) his bonus may be suspended from REB eligibility and no payments will be paid during the time of suspension if he receives a suspension of favorable personnel actions (FLAG) (excludes APFT or failure to meet body fat) per AR 600-8-2. (4) he may be terminated from REB eligibility with recoupment for any of the following reasons: he has two consecutive record APFT failures and/or two consecutive failures to meet body fat standards within this contract term. The termination date will be effective on the date of his second APFT failure or second failure to meet body standards. c. 25 March 2013 to 24 March 2014 dated DA Form 2166-8 (NCO Evaluation Report) shows he failed his APFT test on 12 January 2014. d. 5 March 2016 listed on DA Form 4187 (Personnel Action) shows notification of his address change. e. 2 February 2014 to 21 October 2018 APFT scorecards show: [from NCOER 12 January 2014- record fail] * 2 February 2014 – record pass * 18 October 2014 – record fail * 1 November 2014 – record pass * 22 October 2016- record pass * 21 October 2018- record pass f. 27 August 2019 – Orders Number 239-1060, issued by Joint Force Headquarters, Tennessee National Guard, Nashville, Tennessee, discharged the applicant from the Army National Guard for expiration term of service. g. 8 October 2019- Email exchange between analyst of this case and the Education and Incentive Office of the TNARNG, states how the National Guard Bureau said since the recoupment was completely processed, the applicant would need an ABCMR review in order to reverse the bonus recoupment. He further states how the TNARNG supports reversal of bonus recoupment based on the errors at the unit level. 3. The applicant provides: a. Memorandum for JFHQ-TN-DJS-SGS from the TNARNG NCOIC, of Education/Incentive Office, Subject: Congressional Inquiry – Applicant’s name, dated 23 January 2019. It states after extensive research, the applicant did take and pass an APFT in February 2014. The unit failed to update several address changes for him, causing the letters related to his AFPT failures to not be received by the applicant and be returned to the State without action. He states the applicant’s records now been updated, and how the State will stop the recoupment of funds and refund any money recouped as a result of the consecutive APFT failure termination. b. Letter to the Senator from the Joint Forces Headquarters TNARNG, Subject: Response to Inquiry – Applicant, dated 24 January 2019 which states how the TNARNG has taken action to stop the recoupment and refund previously recouped funds. c. DA Form 1559 (Inspector General Action Request) which states how the applicant noticed on his leave and earning statement how he had a debt of $8055.56. He contacted his unit in September 2017 and was told a letter was sent to him, which he found was to an address he had a year or more before. He has kept his unit updated with his change of addresses. He also was told that due to consecutive APFT failures, he would have to pay back his bonus. He was shown the APFT scorecards that he failed his test on 12 January 2014 and then again in 18 October 2014. These two test failures are correct, but he took an APFT in February 2014 and passed. He asked what he could do to resolve the issue and was not given any assistance. After PT tests, they do not get their scorecard. His unit has been known not handling/ updating information in a timely manner. He has done what has been asked of him. He can only keep up with the paperwork that is given to him. 4. AR 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. 5. See references below. BOARD DISCUSSION: 1. 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. 2. After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The Board further noted, after reviewing the evidence, the applicant did take and pass an APFT in February 2014; thereby warranting correction in this case. Based upon the preponderance of the evidence, the Board agreed that it was through no fault of the applicant that he was not properly notified of bonus recoupment efforts. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : XXX :XX :XXX 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 relief of reenlistment bonus recoupment. Such relief should result in the applicant receiving refund of money previously recouped. 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 Regulation (AR) 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. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures) states Termination and Recoupment, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 3. ARNG Selective Reserve Incentives Program (SRIP) Policy Number 12-01, in effect at the time, states eligibility criteria, procedures and standards for administering the ARNG SRIP for FY12. The Soldier shall serve satisfactorily in the contracted Military Occupational Specialty for the full term of the service agreement. All suspension, reinstatement, termination, and recoupment of incentives are governed by Army Regulation 601-210, Active and Reserve Components Enlistment Program, 8 Feb 11 (Rapid Action Revision 4 Aug 11). This policy supplements the regulation with specific criteria for each incentive. [Under Reenlistment/Extension Bonus Specific Criteria, there is no specific reference to recoupment with termination for two consecutive record APFT failures and/or two consecutive failures to meet body fat standards] 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states under termination of incentives, incentive eligibility will be stopped when any of the termination reasons as listed apply and that member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. Recoupment of Incentives. When relief is not granted through the waiver process from incentives received, the member must refund a pro-rata amount to the Government when termination is due. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007449 5 1