IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20200000358 APPLICANT REQUESTS: * an exception to policy (ETP) for a military pay debt, to refund in part or in full, the recoupment of his reenlistment bonus (REB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 25 July 2013 * DA Form 4836, dated 8 February 2015 * Memorandum, National Guard Bureau (NGB), dated 2 November 2015 * NGB Form 23A (Army National Guard Current Annual Statement), dated 17 October 2019 * NGB Form 23A1 (Army National Guard Retirement Points Statement Supplemental Detailed Report), dated 17 October 2019 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, in section 1552(b); however, the 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, in effect, an error occurred during his enlistment extension when he transferred into the Inactive National Guard (ING) for three months. The error caused him to lose the second half of his reenlistment bonus (REB), which was a total of 5,000 dollars. He contends, in 2014, he had to transfer into the ING for a short period to better himself and his family. He did not understand the requirement to extend within 90 days for the time. On 8 February 2015, he extended to cover the break in service. a. He has served in the Idaho Army National Guard (IDARNG) unselfishly, proudly, and speaks nothing but the best of this great organization. He hopes the error can be rectified because he has had to move in the last two months from Eastern Idaho to the Boise area, which has put undue stress on his family, including a financial burden. He believes receiving the rest of his bonus would ease the financial burden on his family. b. The move was to better his financial situation and brought him closer to his unit. 3. On 22 January 2008, the applicant enlisted into the IDARNG. 4. On 25 July 2013, the applicant extended/reenlisted in the IDARNG for a period of 6 years. His DA Form 4836 contains the following information: * Item 5 (Unit of Assignment) – "CO G(-) 145TH BSB UIC: WTQ2G0" * item 6d (ETS) – 30 May 2014 * item 7c (New ETS) – 30 May 2020 * item 8 (Authority and Reason for this Extension) – "Table 1, Rule B, NGR 600-200" * the applicant acknowledged and the appropriate official certified the Oath of Extension 5. An NGB Form 600-7-3-R-E, dated 12 February 2013, includes a Bonus Control Number and shows the applicant acknowledged the following: a. Section II – Eligibility: (1) He met all reenlistment or extension eligibility criteria in accordance with NGB ARH Policy Memorandum Number 09-026, dated 13 August 2009, Sections II, III and/or V, (Annex A: Interim Reenlistment /Extension). (2) He must be the primary position holder, not in an over-strength or excess status including when deployed and not coded 9993 in Standard Installation/Division Personnel System (SIDPERS) and the Information Management and Reporting Center (iMARC)/Guard Incentive Management System (GIMS) in a military occupational specialty (MOS) that matches the authorized military grade and skill qualification commensurate with the position for which he was reenlisting/extending in order to establish the Critical Skill (CS) requirements on his contract start date. If he was coded 999K due to deployment, he was eligible for this REB. (3) He must reenlist/extend Duty Military Occupational Specialty Qualified (DMOSQ) in an MOS with a Modified Table of equipment (MTOE) or Medical Table of Distribution and Allowances (TDA) unit only, unless he is Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only. If deployed Outside the Continental United states (OCONUS), he must be under mobilization orders Title 10 USC 12301(d), Title 10 USC 12302, or Title 10 USC 12406 only in order to be eligible. (4) If he was Non-DMOSQ at the time of extension, he must become DMOSQ within 24 months form the contract start date. His initial payment would not be processed until he became DMOSQ. (5) He agreed to reenlist/extend DMOSQ in MOS 91B only for 6 years as the primary position holder in rank and grade commensurate with the position and he was not coded 9993 or assigned to an ARNG medical materiel account (MMA) 999M in SIDPERS. b. Section III – Bonus Amount and Payments: (1) Non-Deployment Extension Stabilization Pay (DESP); he was reenlisting/extending for 6 years and would receive a total bonus in the amount of 10,000 dollars. He certified that he was reenlisting/extending DMOSQ or Non-DMOSQ (Due to mobilization/deployment, unit transition (reorganization, inactivation, transformation or relocation) only) as the primary position holder and he was not coded 9993 or 999M. His bonus would be processed in two installments. The first 50% payment would be processed for payment the day after his current expiration term of service (ETS). The second 50% payment would be processed on his fourth year anniversary. (2) He understood that he would not receive payment if he did not meet all eligibility requirements on his contract start date (Day after current ETS). The reenlistment/extension would be verified by the State Incentive Manager (IM) prior to any payment being processed. (3) He acknowledge he read Section III and understood the contents thereof. c. Section IV – Suspension: He understood that he may be suspended from REB eligibility and no payment(s) would be paid during the time of suspension if he: (1) Entered into a period of non-availability in the Inactive National Guard (ING). The maximum periods of non-availability were one year for personal reasons and three years for missionary obligations. (2) Only one suspension of non-availability may be granted. (3) He understood that reinstatement and resumption of subsequent REB payment(s) following a period of non-availability is not guaranteed. In order to complete a period of non-availability and request reinstatement of eligibility for REB and rsum0ption of subsequent payments(s), he must: (a) Complete the period of authorized non-availability within the required time limit as per Section IV, 1.a(1), (2) of his addendum. (b) Rejoin an existing vacancy in the Selected Reserve (SELRES) authorized for his grade and MOS in an authorized unit. (c) Extend his current reenlistment/extension contract by completing an extension agreement within 90 days upon completing the period of non-availability, in order to serve out his REB contract period in the SELRES in an active drilling status completely. (d) Failure to comply with the above requirement would subject his REB to termination with recoupment action. (e) He would be entitled for payments to resume on the anniversary date of satisfactory creditable SELRES service provided the funding is available and he complied with the above listed requirements. d. Section V – Continued Receipt: He understood that he would be eligible for continued receipt of his REB under the following conditions: (1) His MOS was changed due to unit transition, inactivation, relocation, reorganization, or conversion. He may continue to retain his REB provided he met all other eligibility criteria, become DMOSQ within 24 months, and he was not separated from the SELRES. (2) He returned from an authorized period of non-availability and extended his reenlistment/extension contract to cover the period of non – availability within 90 days. e. Section VI – Termination: He may be terminated from REB eligibility with recoupment for any of the following reasons: (1) His REB addendum is signed before or after the execution date of his DD/Form 4 or DA Form 4836. The termination date would be his contract start date if the REB was previously paid. (2) He voluntarily changed his REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School (OCS) Candidate or 09R SMP Cadet. The termination date would be the date of transfer reflected on his order. (3) He failed to extend for the period of service while in an authorized period of non-availability within 90 days of returning back to active drilling status. The termination would be the date of his order to the ING or IRR. (4) He is placed into SIDPERS excess Code 9993. If he was placed in an over- strength status due to unit inactivation, relocation, reorganization, or converted (unit transformation or reorganization), he would be entitled to continued payments(s), to include his initial payment. If his REB MOS changes as a result of the above, he would have 24 months form the date of transformation/reorganization (plus period served in a mobilized status ) to become DMOSQ in that new MOS. He must also be assigned as the primary position holder in that valid vacancy. The termination date would be the date of being moved into the excess positon. (5) He voluntarily transferred within the state or interstate transfer (IST) for reasons other than those covered under Army Regulation 601-210 (Active and Reserve Components Enlistment Program) would be governed by the following: (a) If he moved involuntarily, he would have 24 months from date of transfer to become DMOSQ in the new MOS and he would be eligible for future schedule payments. If he received payment and fail to become DMOSQ within 24 months his REB would be terminated the effective date of his transfer order. (b) He transferred out of his current REB MOS into a non-DMOSQ MOS. The termination date would be his transfer order date. (6) He understood that any other additional termination with recoupment condition that is not included in this addendum can be found in Army Regulation 601-210, paragraph 10-9c. f. Section VII – Statement of Understanding: He read the entire addendum and understood all of the above statements concerning his REB. g. Section VIII – Authentication: He understood an ETP is only authorized as per paragraph 26 of the current FY13 SRIP Guidance. h. Section IX – Certification by Service Representative: The appropriate official certified and witnessed the applicant's reading and signing of the addendum (REB). 6. A review of the applicant's record provides documents, which show changes for his duty position or a transfer from his unit of assignment: * DA Form 4187 (Personnel Action), dated 25 October 2013 * DA Form 4187, dated 19 March 2014 * Orders 22-03, Headquarters (HQ), 1st Battalion (BN), 148th Field Artillery (FA), dated 1 July 2014 – shows he was transferred to paragraph/line number 809-08, "ING OF CO G(-) 145th BSB" from 1 July 2014 to 30 September 2014 ("Temporary out-of-state residency for employment") * Orders 27-02, HQ, 1st BN, 148th FA, dated 3 September 2014, shows he was transferred from ING to paragraph/line number 809-08, "CO G(-) 145th BSB," effective 30 September 2014 7. On 8 February 2015, the applicant extended/reenlisted into the IDARNG for a period of 6 years. His DA Form 4836 shows the following: * item 6d (ETS) – 30 May 2020 * item 7c (New ETS) – 30 August 2020 * item 8 (Authority and Reason for this Extension) – Table 1, Rule F, NGR 600-200 * the applicant acknowledged and the appropriate official certified the Oath of Extension 8. A memorandum, NGB, dated 2 November 2015, shows the applicant's request for ETP to retain his REB (10,000 dollars) was disapproved for his failure to extend for the period of non-availability within the required time frame upon returning to an active status form the ING which violated the Department of Defense Instruction (DoDI) 1205.21, paragraph 6.7.2. 9. A memorandum, Joint Force Headquarters, dated 6 November 2015, shows the applicant was notified his REB incentive would be terminated with recoupment. The estimated amount scheduled for recoupment shows as 4,861.11 dollars which is in accordance with a denied ETP from the NGB, dated 2 November 2015. 10. The applicant continued to serve in the IDARNG and is currently assigned "Armored Company/Combined Arms." 11. Department of Defense Instruction (DODI) 1205.21, (Reserve Component Incentive Programs Procedures) 6.7.2., states members of the Selected Reserve may incur a period of authorized non-availability for up to 1 year for valid personal reasons as determined by the Secretary concerned. These persons shall be assigned to the Individual Ready Reserve (IRR) or the Inactive National Guard (ING), as appropriate, during the period of non-availability, and shall be suspended from their incentive. 12. Army Regulation 610-210 (Active and Reserve Components Enlistment Program), in effect, prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army (RA), the Army Reserve (AR), and the Army National Guard (ARNG). Chapter 10 (Selected Reserve Incentive Program (SRIP)) states the SRIP is approved annually by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)). The SRIP programs are subject to legal and DOD implications. As such, DCS, G–1 (DAPE–MPA–CB) will manage the program to ensure compliance with established standards. The NGB will review the critical skills for the enlistment, and reenlistment/extension and officer incentives for the ARNG. a. Paragraph 10-8 (Termination of incentives), states incentive eligibility will be stopped when any of the termination reasons as listed below 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. Termination of eligibility to an incentive will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS. b. Paragraph 10–9 (Recoupment of incentives), states 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 to reasons outlined in paragraph 10–8 of this regulation except where prorated recoupment is not authorized in paragraph 10–9c. Commanders will refer to the respective Army component (USARC, NGB) G–1 office most directly responsible for recruiting and retention (grade O6 or civilian equivalent or higher) for resolution and consideration for waiver or exception in doubtful cases, in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the U.S. and clearly in the best interest of the Army. (1) All debts to the U.S. Government will be submitted for collection from SELRES and Ready Reserve members. Delinquent repayment(s) will result in the collection of interest on the remaining balance per 10 USC 2005. (2) Commanders are responsible for initiating recoupment procedures whenever a member’s eligibility to an incentive is terminated and recoupment is required by this regulation or applicable policy. When a commander is not in the chain of command over the Soldier, the incentives program manager will initiate recoupment procedures. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. There is insufficient evidence of error or injustice. The applicant failed to extend for the period of non-availability within the regulatory timelines upon returning to an active status from the Inactive National Guard. The applicant’s SRIP was terminated in accordance with the stipulations outlined in the applicant’s bonus addendum. Per regulation, the applicant owed a pro rata amount. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. 1. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Department of Defense Instruction 1205.21, (DoDI (Reserve Component Incentive Programs Procedures)) 6.7.2., states members of the Selected Reserve may incur a period of authorized non-availability for up to 1 year for valid personal reasons as determined by the Secretary concerned. These persons shall be assigned to the Individual Ready Reserve (IRR) or the Inactive National Guard (ING), as appropriate, during the period of non-availability, and shall be suspended from their incentive. During the period of non-availability, the member shall not be entitled to subsequent payments or any other incentive available to members of the Ready Reserve not in the Selected Reserve. If, within 1 year, members are subsequently reassigned to a Selected Reserve skill or unit type that they had previously contracted for, members may be reinstated in the incentives program if they extend their term of service, or contract for service, so as to be able to serve the full original incentive contract period. Entitlement to subsequent payments shall resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service. The date shall be adjusted for that period of non-availability. Failure to meet reinstatement criteria in a capacity for which previously contracted shall result in termination of the incentive and recoupment, as appropriate. 3. Army Regulation 610-210 (Active and Reserve Components Enlistment Program), in effect, prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army (RA), the Army Reserve (AR), and the Army National Guard (ARNG). Chapter 10 (Selected Reserve Incentive Program (SRIP)) states the SRIP is approved annually by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)). The SRIP programs are subject to legal and DOD implications. As such, DCS, G–1 (DAPE–MPA–CB) will manage the program to ensure compliance with established standards. The NGB will review the critical skills for the enlistment, and reenlistment/extension and officer incentives for the ARNG. a. Applicants for programs administered by this regulation will be required to sign documents that specify the eligibility criteria and the term of Service for the incentive. Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions that can cause termination and recoupment. These documents must be authenticated by a proper witnessing official and will include the preparation date. b. Paragraph 10-8 (Termination of incentives), states incentive eligibility will be stopped when any of the termination reasons as listed below 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. Termination of eligibility to an incentive will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS. c. Paragraph 10–9 (Recoupment of incentives), states 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 to reasons outlined in paragraph 10–8, this regulation except where prorated recoupment is not authorized in paragraph 10–9c. Commanders will refer to the respective Army component (USARC, NGB) G–1 office most directly responsible for recruiting and retention (grade 06 or civilian equivalent or higher) for resolution and consideration for waiver or exception in doubtful cases, in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the U.S. and clearly in the best interest of the Army. (1) All debts to the U.S. Government will be submitted for collection from SELRES and Ready Reserve members. Delinquent repayment(s) will result in the collection of interest on the remaining balance per 10 USC 2005. (2) Commanders are responsible for initiating recoupment procedures whenever a member’s eligibility to an incentive is terminated and recoupment is required by this regulation or applicable policy. When a commander is not in the chain of command over the Soldier, the incentives program manager will initiate recoupment procedures. (3) Paragraph 10-9c states commanders will not recoup for any of the following reasons: * when the Soldier's unit is in transition per paragraph 10-11; termination with recoupment is authorized in cases when the Soldier refuses a reassignment in SELRES * accept an immediate appointment as a commissioned officer or warrant officer (WO); an enlisted Soldier accepting an appointment as a commissioned officer or WO will not is not subject to recoupment unless he/she receives an officer accession/affiliation bonus * when a Soldier becomes a simultaneous member of an authorized officer commissioning program * separation or transfer from the bonus position because of death, injury, illness, or other impairment not the result of misconduct by the Solider * ordered to active duty * enters into an authorized period of non-availability; recoupment is authorized when a Soldier does not return within the required amount of time to extend and complete the contractual agreement * entry on AD in an AC or AGR status; AGR must have at least 6 months on their current contract or their incentive will be recouped * if SELRES a member is involuntarily separated during the current term of service for homosexual conduct a basis for recoupment is constituted unless a specific finding or waiver is determined by the Board (Administrative) * a member paid a bonus in a component of the Army who is discharged for immediate reenlistment in any other component of the Army or U.S. military service to which no other bonus or incentive is paid may be considered the term of service (reenlistment and remaining period from former enlistment) * member is being discharged for hardship reasons in accordance with applicable separation policy 4. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs), in effect at the time, provides policies, and implementation of Selected Reserve Incentive Programs (SRIP). The regulation sets responsibilities, lists benefits, describes eligibility criteria and entitlement, sets suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. a. Paragraph 3-7 (Reenlistment/extension bonus payment procedures) states establish a bonus pay account by initiating a B03 transaction in coordination with military pay branch. After seven days, query DFAS account to ensure accuracy of pay account. After a soldier has been loaded as a bonus participant, DFAS will pay the soldier per the following: (1) The State Incentive Manager will issue two copies of the bonus 1 report or state reports as prescribed by state policy to each unit monthly and establish a suspense date for the return of the appropriate document. (2) Unit commanders must certify eligibility for payment. Commanders may Delegate authority to certify to the State Incentive Manager at the discretion of the MILPO. (3) The State Incentive Manager will submit the certification to military pay branch on a transmittal letter or IA W military pay guidance. (4) Ensure after bonus payment is processed that the SIDPERS database reflects the proper number of bonus payments to date. b. Paragraph 3-9 (Termination with Recoupment) states terminate entitlement and eligibility for the reenlistment bonus when one of the conditions listed below occurs. Compute the soldier's entitlements and recoup from, or pay to, the soldier amounts due per paragraph 3-11. Provide the termination notice and amount due, if any, when the Soldier voluntary transfers to a non – bonus unit as of the effective date of transfer. c. Paragraph 3-11 (Settlement of accounts) states to calculate reenlistment or extension bonus recoupment or balance due amounts as follows: (1) Multiply the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount (the proportionate monthly dollar amount will be determined by dividing the total authorized reenlistment or extension bonus amount by 36 months for a 3-year bonus or 72 months for a 6-year bonus). (2) Subtract that amount from the total bonus paid to the soldier to date (initial plus any later payments). (3) If the calculation indicates overpayment to the soldier, that amount will be recouped. (4) If the calculation indicates the soldier has earned more than he or she has been paid to date on the same pro-rata basis, the difference will be paid to the soldier in a final installment. (5) The commander, or his representative will issue the termination memorandum at figure 2-1 and provide copies for: (a) The soldier. (b) The unit. (c) The holder of the MPRJ for inclusion in the MPRJ. (d) The State Incentive Manager. 5. Army National Guard (ARNG) Selective Reserve Incentives Program (SRIP) Policy for Fiscal Year (FY) 13, 1 January 2013 - 30 September 2013 (Policy Number 13-01, Update 1), prescribes eligibility criteria, procedures, and standards for administering the ARNG SRIP for FY 13. a. Management Controls. Commanders at all levels are responsible for establishing and maintaining internal controls and for identifying and addressing major performance challenges and areas at greatest risk for fraud, waste, abuse, and mismanagement. Management control provisions shall be in accordance with Army Regulation (AR) 11-2, Managers' Internal Control Program, 4 January 2010. b. Separation of Duties. Separation of duties is a deterrent to fraud because it requires collusion with another person to perpetrate a fraudulent act. It is necessary to prevent any undue pressure on the decision-making process for incentives and is critical to effective internal control; it reduces the risk of erroneous and inappropriate actions. Decisions affecting incentives span across the communities of Recruiting and Retention, Finance, Medical, the Standard Installation/Division Personnel System (SIDPERS), and Training, but duty separation creates a clear audit trail for operating efficiently and safely. Separation of duties ensures that each person's work acts as a complementary check against another's. No one person should be responsible for an entire transaction or operation. When duties cannot be separated, a detailed supervisory review of related activities is required as a compensating control activity. c. Paragraph 7 states general requirements must be met by all applicants to receive SRIP incentives. Incentive eligibility must be verified/validated using the Soldier screen in iMARC/GIMS for suspension, termination, recoupment, and/or payment actions. Data systems that interface with iMARC/GIMS must be kept current to facilitate timely incentive payments. Incentive addendums/agreements, Simultaneous Membership Program (SMP) and Reserve Officer Training Corps (ROTC) documents, MGIB documents, NGB Form 337, Oaths of Office, November 2010, Department of Defense (DoD) Form 4, Enlistment/Reenlistment Document Armed Forces of the United States and/or Department of the Army (DA) Form 4836, Oath of Extension of Enlistment or Reenlistment, August 2010, must be loaded into the Interactive Personnel Electronic Records Management System (iPERMS). The iMARC/GIMS comments will validate that documents are available for review in iPERMS. Supporting documents that validate eligibility and payment must be uploaded in iMARC/GIMS. d. Paragraph 12 (Reenlistment/Extension Bonus (REB)) provides specific criteria in addition to the SRIP general requirements. The Soldier must be the primary position holder, not in an over-strength or excess status and in an MOS that matches the authorized military grade and skill qualification commensurate with the position for which reenlisting/extending in order to establish the CS requirements on the contract start date. Deployed Soldiers coded "999K" in both SIDPERS and GIMS are eligible. (Exceptions not authorized) e. Paragraph 20 (Continued Receipt of Incentives), states entering remarks into iMARC/GIMS along with supporting documentation is required to support continued receipt of incentives. The Soldier may continue to receive incentives based upon the following conditions: A Soldier whose AOC/MOS is changed due to a unit transition, or who is inactivated, relocated, reorganized, or converted may continue to receive incentives provided he or she meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from the SELRES. The Soldier must be coded 9994, excess due to reorganization in SIDPERS/TAPDB-G code. Assignment orders must be uploaded into iMARC/GIMS. f. Paragraph 21 (Termination of Incentives) states entitlement to incentives will be terminated when any of the termination reasons in reference 1.a. apply before the fulfillment of the service described in the member's written agreement. The Soldier shall not be eligible to receive further incentive payments, except for payments for service performed before the termination date. Once declared ineligible, termination of an incentive does not affect the period of obligation to serve. g. Paragraph 22 (Termination with Recoupment) states if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the Soldiers written agreement/addendum, the Soldier shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. Unless granted relief, as covered in paragraph 26, the member must refund a prorate amount to the government if such termination is for any of the following reasons: (1) An officer/Soldier failing to serve in the contracted CS AOC/MOS for the entire length of the incentive agreement (exception authorized for normal career progression). The termination date will be the date of transfer reflected on the Soldier's order. (2) A Soldier failing to extend for the period of service while in an authorized period of non-availability within 90 days of returning to active drilling status. The termination date will be the date reflected on the Soldier's order to the ING or IRR. h. Paragraph 24 states detailed remarks must be entered into iMARC/GIMS clearly outlining the reasons for termination with recoupment, and supporting documents must be uploaded. The reasons for termination with recoupment include the following: (1) Subparagraph (a) states incentive addendums are signed before or after the execution date of a DD Form 4, DA Form 4836, or NGB Form 337. The termination date will be the contract start date if incentive was previously paid. (2) Subparagraph (i) states a Soldier discharged with a SIDPERS discharge code related to the reason for suspension of favorable personnel actions (Flag) in which the case was not closed favorably prior to discharge. The effective date of termination is the initiation date of the Adverse Action (AA) Flag. The Soldier whose AA Flag is removed prior to the date of discharge will have their incentive terminated effective the date of discharge if the contractual obligation period has not been completed. (3) Subparagraph (h) states a Soldier with contracts executed after 1 March 2009, and with two consecutive record Army Physical Fitness Test (APFT) failures and/or two consecutive failures to meet body fat standards within the contract term. Termination will be effective on the date of the second APFT failure or second failure to meet body fat standards. i. Paragraph 26 (Exceptions to Policy (ETP)) states the Division Chief of the Personnel Programs, Manpower, and Resources Division is the proponent for this policy and an O-6 in the NGB G-1 is the authority for ETP determinations. All ETPs will be initiated by the Soldier and routed through their chain of command to the State IM and State G-1/MILPO and then on the Professional Education Center Incentives Support Team for action. Approved or denied ETPs and supporting documents must be uploaded in Interactive Personnel Records Management System (IPERMS) and Information Management and Reporting Center (iMARC)/Guard Incentives Management System (GIMS). All supporting documents must be uploaded to the iMARC/GIMS ETP module. ETPs are evaluated on an individual basis. 6. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) states a Soldier’s debt to the Army may be remitted or cancelled in cases arising from debts acknowledged as valid. 7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000358 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1