ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF: BOARD DATE: 8 February 2022 DOCKET NUMBER: AR20200008926 
APPLICANT REQUESTS: in effect, reversal of the National Guard Bureau's decision to deny his exception to policy to retain the $10,000.00 Reenlistment/Extension Bonus (REB) following his two consecutive Army Physical Fitness Tests (APFT) failures. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) . Request for Exception to Policy . Letter from the Readiness Noncommissioned Officer . Denial of Exception to Policy by the National Guard Bureau (NGB) . APFT Score Card 
FACTS: 
1. 
The applicant states essentially his APFT failures were due to medical reasons. He wants the Board to correct his consecutive record APFT Failures to reflect that the failures were caused by undiagnosed medical condition which later resulted in a permanent profile. This correction would help him get the second half of his reenlistment bonus, and to avoid the first half on his bonus being recouped. During the time of the record APFT failures, he was working with civilian providers about his medical condition and attempting to get a diagnosis. This ended up being a lengthy process and required seeing multiple physicians. Once he obtained a diagnosis, he was placed on a permanent profile for the two mile run, which directly correlated to the events he had failed. He has taken four record APFTs since his permanent profile and has passed every one and have also maintained a good status and fulfilled all contractual obligations. 

2. 
Review of the applicant's service records shows: 


a. 
He enlisted in the Wisconsin Army National Guard on 21 December 2007. He completed active duty for training (ADT) from 4 September to 18 December 2008 and he was awarded military occupational specialty (MOS) 11B (Infantryman). 

b. He served in Iraq from 22 April 2009 to 22 January 2010. 

c. 
In October 2013, he executed another 6-year extension of his enlistment. In connection with this extension, he signed Annex R (Reenlistment/Extension Bonus Addendum, ARNG). 


(1) 
He agreed to serve for 6 years in duty MOS 11B and in exchange would receive a total bonus of $10,000. The first 50% is paid after his current separation date and the second 50% would be paid on the fourth anniversary. 

(2) 
His bonus would be terminated if he had two consecutive APFT failures within this contract term. The termination date would be effective on the date of his second APFT failure. 

d. 
On 14 July 2019, by letter to the Incentives Manager, WIARNG, the applicant submitted request for an Exception to Policy statement on his behalf regarding the identified discrepancy on the Select Reserve Incentives Contract. He stated: 

(1) 
He failed two consecutive APFTs. The reason for this failure was due to pectus excavatum (deformity of chest wall), which was later diagnosed. During the time of the failures, he was working with civilian providers to obtain a diagnosis for the medical issues that were later determined to be the cause of those failures, and resulted in a permanent profile. Since obtaining the profile, he has passed all APFT's administered to him. 

(2) 
He will continue to pass my APFT, work on his physical heath, and do his best to keep himself and his chain of command informed of his current medical status. He is requesting ETP approval and be allowed to receive any future payments, or relief from recoupment. 

e. 
He provided two Record APFT Scorecards, neither one is signed by any officials, and show: 


. 27 September 2014, Failed APFT (run portion) . 27 May 2015, Failed APFT (run portion) . 29 August 2015, took an alternate event instead of run, walk . 5 August 2016, took an alternate event instead of run, walk . 9 July 2017 took an alternate event instead of run, walk . 9 September 2018, took an alternate event instead of run, walk . 8 September 2019, took an alternate event instead of run, walk 
f. The Unit Readiness Noncommissioned Officer submitted a statement in support indicating that due to medical issues the Soldier had failed two consecutive APFT that he was not aware of till his leadership forced the issue. After physical profile was issued the Soldier was able to pass a record APFT. With the injury he was unable to pass the 2 mile run, but with an alternative even he now hold a current valid APFT and is no longer flagged. 
g. 
On 2 August 2019, the NGB referenced the ARNG Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 13 (Policy Number 13-01) effective1 January 2013 and stated the applicant's ETP to retain the $10,000.00 REB is disapproved for the discrepancy: failed two consecutive For Record Army Physical Fitness Tests (APFT) which violates Army Regulation 601-210, paragraph 10-6.b. 

a. 
Contract/agreement details: WIARNG, Unit Identification Code (UIC): WPLCT0, 31 October 2013, bonus addendum/agreement amount: $10,000.00, Contracted MOS: 11B; Current MOS: 11B. 

b. 
The discrepancy identified above violates Army Regulation and the ARNG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive with recoupment effective the date of the second consecutive For Record APFT failure. The Soldier has received the initial payment for this incentive. 

h. 
In March 2020, he executed a 6-year extension of his enlistment. In connection with this extension, he signed Annex R (Reenlistment/Extension Bonus Addendum, ARNG), agreeing to serve for 6 years in duty MOS 11B and in exchange would receive a total bonus of $20,000. 


4. 
The applicant does not provide any medical documents, specifically his permanent profile. Likewise, he provides no official statements from his commander or the WIARNG G-1 verifying the records in GIMS (Guard Incentives Management System). 

5. 
ARNG Selective Reserve Incentives Program (SRIP) Policy Number 13-01), effective1 January 2013, stated, in part, a Soldier with contracts executed after 1 March 2009, and with two consecutive record APFT failures within the contract term, would have his/her SRIP bonus terminated and recouped. 


BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members noted that the memorandum from the Unit Readiness NCO was not signed; and he does not provide any medical documents, specifically his permanent profile. Likewise, he provides no official statements from his commander or the WIARNG G-1 verifying the records in GIMS (Guard Incentives Management System). 
Based on a preponderance of evidence, the Board found insufficient evidence of error or injustice to reverse the decision to deny his incentive. 
BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 
XX: XX: XX: 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. 
X 
CHAIRPERSON 
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 Selective Reserve Incentives Program (SRIP) Policy Number 13-01), effective1 January 2013, stated, in part, a Soldier with contracts executed after 1 March 2009, and with two consecutive record APFT failures within the contract term, would have his/her SRIP bonus terminated and recouped. 

2. 
DODI 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 

3. 
Army Regulation 350-1 (Army Training and Leaders Development), Appendix G (Army Training Programs), paragraph G–9(m)(6), states Soldiers who fail a record APFT for the first time or fail to take a record APFT within the required period will be flagged. In the event of a record test failure, commanders may allow Soldiers to retake the test as soon as the Soldier and the commander feel the Soldier is ready. Soldiers without a medical profile will be retested no later than 90 days following the initial APFT failure. Reserve Component Soldiers not on active duty and without a medical profile will be tested no later than 180 days following the initial APFT failure. 

4. 
Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states in paragraph 10-6b that repeat APFT failures or failures to meet body fat standards within a one-year period will result in the suspension of an incentive. Two consecutive APFT or body fat standard failures will result in the termination of an incentive. 


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