IN THE CASE OF: BOARD DATE: 10 November 2021 DOCKET NUMBER: AR20200010308 APPLICANT REQUESTS: * reinstatement of her Non-Prior Service Enlistment Bonus (NPSEB) and Student Loan Repayment Program (SLRP) incentives * personal appearance APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personnel Action Packet Checklist * Memorandum – Subject: Exception to Policy (ETP), dated 27 August 2020 * Memorandum – Subject: Request for ETP for SLRP, dated 7 May 2020 * Memorandum – Subject: Reassignment of Payment Codes, dated 15 April 2020 * Memorandum – Subject: ETP – U.S. Army Reserve (USAR) Enlistment Bonus, dated 28 January 2020 * Memorandum – Subject: ETP for SLRP and NPSEB, dated 20 December 2019 * Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 18 November 2019 * Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 3 November 2019 * Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 4 December 2019 * Orders Number 332-468, dated 28 November 2011 * DA Form 1059 (Service School Academic Evaluation Report), dated 28 August 2019 * Orders Number 19-298-00067, dated 25 October 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 January 2012 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S), dated 12 May 2011 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 10 January 2018 * Orders Number R-02-808136, dated 22 February 2018 * Reserves Annex (Certificate of Acknowledgement USAR Service Requirements and Methods of Fulfillment), dated 17 June 2011 * DD Form 1966 (Record of Military Processing – Armed Forces of the U.S.), dated 12 May 2011 * DA Form 5261-4 (SLRP Addendum), dated 17 June 2011 * Memorandum – Subject: Verification of Security Clearance, dated 29 November 2018 * Unit Manning Report, dated 3 December 2019 * Email Communication * DD Form 2384-1 (Notice of Basic Eligibility), dated 14 June 2015 * Defense Joint Military Pay System (DJMS) - Reserve Component (RC) Master Military Pay Account (MMPA), dated 19 December 2012 * Orders Number 031586, dated 12 June 2014 * Email Communication * DJMS-RC MMPA, dated 16 December 2013 * DJMS-RC MMPA, dated 22 December 2014 * Memorandum – Subject: Fiscal Year (FY) 2014 Battle Assembly Schedule, dated 2 November 2013 * Premier Management Solutions, Incorporated document * Lease Agreement, dated 1 October 2012 * Medical Profile System (MEDPROS) document * University of Maryland Children's Hospital letter, dated 5 December 2012 * Three Lower Counties Community Services letters * Failure to Pay Rent – Landlord's Complaint for Repossession of Rented Property * District Court of Maryland – Petition for Warrant of Restitution, dated 16 May 2014 * College Lane Apartments letter, dated 7 May 2014 * Department of Human Resources, dated 11 June 2014 * Shore Up Incorporated letter, dated 13 June 2014 * Evictions document * Security Deposit, dated 15 August 2012 * Rental Management Incorporated, dated 2 June 2014 * DL-304 (Motor Vehicle Administration), dated 7 July 2014 * Lease Agreement, dated 5 November 2014 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (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 pertinent part that she was coded as an unsatisfactory participant due to experiencing personal and financial hardships of being a single mother of twin boys. She argues that she attended Battle Assemblies (BA) for 2 years while her NPSEB was being recouped but was able to have her tuition assistance reinstated when she returned to the unit. a. After graduating her Initial Entry Training (IET) on 27 January 2011, she gave birth to twins on 5 October 2012. Four months after moving out of her college dorm room, she was unemployed and the sole provider for both herself and her children. She remained in contact with her leadership and kept them abreast of her situation. She contests that although she did not have an established Family Care Plan (FCP), nor was she counseled, she was still held to the same standard as a Soldier with an established FCP. In her absence, she was unable to retain someone to care for her children. As soon as her post-partum medical profile expired, she was expected to attend BA, however, she still was unable to retain support for her children, one of which had a pending surgery. b. She began attending her BA's shortly after her children's first birthday, but her attendance was not consistent due to financial and personal hardships. She was working two jobs to make ends meet and often experienced scheduling conflicts between her civilian employment and her unit's BA schedule. During this period, she remained in contact with her leadership and attended BA's when permissible in order to prevent being transferred into the Individual Ready Reserve (IRR). c. When she began attending BA's, she was coded as a recovered, unsatisfactory participant and further advised that the "unexcused absences" that she had previously received would be automatically removed from her records in the following fiscal year. Further, her leadership advised that her entitlement to tuition assistance, SLRP and NPSEB would be reinstated as long as a Notice of Basic Eligibility was provided to the finance office along with a copy of her contract. Her tuition assistance was reinstated, however, her entitlement to the SLRP and NPSEB was not. She adds that she worked diligently to distinguish herself as an admirable Soldier and in 2017, after successfully attending her BA's, she was promoted and later accessed into the Army Guard Reserve (AGR) program. 3. A review of the applicant's available service records reflects the following: a. On 12 May 2011, the applicant enlisted in the USAR for 8-years (6 years as an assigned member to a Troop Program Unit (TPU) and 2 years in the IRR) to serve as a 27D (Paralegal Specialist), with assignment to Headquarters and Headquarters Company, 11th Psychological Operations Battalion. In conjunction with her enlistment, the applicant contracted for entitlement to the Montgomery G.I. Bill Kicker ($200.00), SLRP ($30,000.00) and the NPSEB ($8,000.00) incentives under the Selected Reserve Incentive Program (SRIP). As a contractual condition (Reserve Annex), the applicant acknowledged the requirement to attend all scheduled unit training assembles (at least 48 per year) unless excused by proper authority. If she did not receive credit for attendance, she would be charged with an unexcused absence; if she obtained 9 unexcused absences within a year, she would be declared an unsatisfactory participant and subject to reassignment or discharge. In addition, entitlement to educational assistance under the Montgomery G.I. Bill, or to bonus payments and loan payments which were based on her service in the Selected Reserve may be terminated with recoupment. Further, if she was voluntarily or involuntarily reassigned or transferred out of the Selected Reserve, all entitlements under the Selected Reserve Montgomery G.I. Bill or Selected Reserve incentives would be terminated. b. On 29 August 2011, the applicant was ordered to active duty for completion of her IET. c. On 28 November 2011, Headquarters, U.S. Army Training Center and Fort Jackson issued Orders Number 332-468 awarding the applicant the 42A (Human Resources Specialist) Military Occupational Specialty (MOS) effective upon completion of the 42A course. d. On 28 January 2012, the applicant was released from active duty following completion of her IET which included completion of the 42A course. e. On 5 October 2012, the applicant gave birth to 2 children. f. Review of the applicant's retirement point history provides that during the period of 12 May 2012 – 11 May 2015, she failed to obtain 50 points per year. From 12 May 2012 – 11 May 2013, the applicant obtained "12" Inactive Duty (IDT) points; 12 May 2013 – 11 May 2014 she obtained "0" IDT points; 12 May 2014 – 11 May 2015 she obtained "19" IDT points. From 12 May 2015 to present the applicant obtained at least 50 points per year. g. On 10 January 2018, the applicant reenlisted in the USAR for 3 years. h. On 22 February 2018, the U.S. Army Human Resources Command (HRC) issued Orders Number R-02-808136 ordering the applicant to active duty within the AGR program effective 16 March 2018 for a period of three years. i. On 27 August 2020, the U.S. Army Reserve Command (USARC), Chief, Manning Division disapproved the applicant's request for an ETP citing that she accumulated "9" or more unexcused absences in a 12-month period, which resulted in the termination of her NPSEB. Army policy requires the termination of a Soldier's incentives if they fail to participate satisfactorily during the contract period. Army policy further states that only the unit that assigned the unexcused absences can approve attendance code changes. The current leadership of the Headquarters and Headquarters Company, 11th Psychological Operations Battalion has been unsuccessful in contacting the leadership that was in place when the applicant accrued the unexcused absences. As such, they did not recommend changing her attendance codes. j. On 18 May 2021, the applicant reenlisted in the USAR for 6 years. 4. The applicant provides the following a: a. Personnel Action Packet Checklist reflective of the applicant's submitted request for an ETP related to the SLRP on 4 December 2019. b. Memorandum – Subject: Request for ETP for SLRP, dated 7 May 2020, reflective of the Human Resources Officer, Headquarters, 377th Theater Sustainment Command, concurring with the recommendation for approval of the requested ETP related to the SLRP. c. Memorandum – Subject: Reassignment of Payment Codes, dated 15 April 2020, reflective of the Commander, 11th Psychological Operations Battalion disapproving the applicant's request to change her payment codes from the period of 5 March 2012 – 5 March 2017, citing that during this period she was coded as an unsatisfactory participant for failing to attend BA. It would be unethical and fraudulent to authorize any changes to these codes. d. Memorandum – Subject: ETP – U.S. Army Reserve (USAR) Enlistment Bonus, dated 28 January 2020 reflective of the Commanding General of the Headquarters, 316th Sustainment Command (Expeditionary) concurring with the commander's recommendation for approval of the ETP pertaining to the applicant's entitlement to the USAR Enlistment Bonus. e. Memorandum – Subject: ETP for SLRP and NPSEB, dated 20 December 2019, reflective of the Commander, Headquarters, 655th Regional Support Command recommending approval of the ETP related to the applicant's entitlement to the SLRP and NPSEB. f. Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 18 November 2019, reflective of the Commander, 167th Combat Sustainment Support Battalion recommending reinstatement of the applicant's entitlement to the SLRP and NPSEB to include reimbursement of the $3,666.67 previously recouped in April 2013. g. Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 3 November 2019, reflective of the Commander, 167th Combat Sustainment Support Battalion recommending reinstatement of the applicant's entitlement to receive the remaining balance of her bonus to include the amount previously recouped. h. Memorandum – Subject: ETP for Enlistment Bonus and SLRP, dated 4 December 2019, reflective of the applicant's formal request for reinstatement of her SLRP and NPSEB incentive. The content of this memorandum was further summarized in the applicant's opening statement to this Board. i. DA Form 1059 (Service School Academic Evaluation Report) dated 28 August 2019, reflective of the applicant's completion of the Basic Leadership Course (BLC). j. Orders Number 19-298-00067, dated 25 October 2019, reflective of the applicant's promotion to the rank of sergeant effective 1 November 2019. k. Reserves Annex (Certificate of Acknowledgement USAR Service Requirements and Methods of Fulfillment), dated 17 June 2011, reflective of the applicant's enlistment in the USAR for 8-years (6 years as an assigned member to a TPU and 2 years in the IRR to serve as a 42A (Human Resources Specialist), with assignment to Headquarters, 147th Medical Detachment (Veterinary). In conjunction with her enlistment, the applicant contracted for entitlement to the Montgomery G.I. Bill Kicker ($200.00), SLRP ($30,000.00) and the NPSEB ($8,000.00) incentives under the Selected Reserve Incentive Program (SRIP). As a contractual condition the applicant acknowledged the requirement to attend all scheduled unit training assembles (at least 48 per year) unless excused by proper authority. If she did not receive credit for attendance, she would be charged with an unexcused absence; if she obtained 9 unexcused absences within a year, she would be declared an unsatisfactory participant and subject to reassignment or discharge. In addition, entitlement to educational assistance under the Montgomery G.I. Bill, or to bonus payments and loan payments which were based on her service in the Selected Reserve may be terminated with recoupment. Further, if she was voluntarily or involuntarily reassigned or transferred out of the Selected Reserve, all entitlements under the Selected Reserve Montgomery G.I. Bill or Selected Reserve incentives would be terminated. l. DD Form 1966 (Record of Military Processing – Armed Forces of the U.S.), dated 12 May 2011, reflective of the applicant's initial entrance (enlistment) examination information. At the time of enlistment, the applicant was single with no dependents. m. DA Form 5261-4 (Student Loan Repayment Program Addendum), dated 17 June 2011, reflective of the service obligation and contractual terms associated with the SLRP incentive. The applicant contracted for entitlement to a maximum of $30,000.00 worth of loan repayments during her military career with a maximum of $5,000.00 per year. Section VII (Termination) provides acknowledgement of the requirement to participate satisfactorily under the contractual agreement. Entitlement to the SLRP would be terminated if the applicant became an unsatisfactory participant. n. Memorandum – Subject: Verification of Security Clearance, dated 29 November 2018, reflective of the applicant being eligible for a Secret clearance effective 1 August 2011. o. Unit Manning Report, dated 3 December 2019, reflective of the applicant being assigned to a 42A position with the 167th Combat Sustainment Support Battalion effective 17 September 2019. She was assigned to the unit on 16 March 2018. p. Email Communication reflective of the applicant being advised on 1 October 2019, by the 99th Readiness Division (Finance and Military Pay) office that her bonus entitlement was terminated on 9 March 2013 due to unsatisfactory participation. She was further advised of the requirements to request an ETP for reinstatement of this incentive. q. DD Form 2384-1 (Notice of Basic Eligibility), dated 14 June 2015, reflective of the applicant meeting the eligibility criteria for the Selected Reserve Educational Assistance Program. r. DJMS - RC MMPA, dated 19 December 2012, reflective of the applicant's payroll information for 2012. At this time the applicant had received $4,000.00 (before taxes) under the NPSEB incentive; the applicant performed Rescheduled Training (RST) and Active Duty training (ADT) during this period - no recoupment actions reflected at that time. s. Orders Number 031586, dated 12 June 2014, reflective of the applicant being ordered to active duty for 5 days of fragmented Annual Training (AT) effective 16 June 2014. t. Email Communication reflective of commentary concerning the applicant's participation history, her request for an ETP and option to request relief through the Army Review Boards Agency (ARBA). u. DJMS-RC MMPA, dated 16 December 2013, reflective of the applicant's payroll information for 2013. At this time the applicant had received an additional payment of $2,000.00 (before taxes) on 12 May 2013, under the NPSEB incentive (total of $6,000.00 to date); void of payroll activity for the performance of duty during this period. v. DJMS-RC MMPA, dated 22 December 2014, reflective of the applicant's payroll information for 2014. At this time the applicant had participated in one period of active duty (June 2014). Recoupment of $3,666.67 associated with a previously received NPSEB was initiated effective 9 March 2013 due to the applicant being deemed an unsatisfactory participant. Prior to this, the applicant had participated satisfactorily for 21 months. w. Memorandum – Subject: FY 2014 BA Schedule, dated 2 November 2013, reflective of the required BA periods for the applicant's assigned unit during FY 2014 (October 2013 – September 2014). x. Premier Management Solutions, Incorporated document reflective of the applicant's receipt of income from an unknown source between 31 March – 20 April 2014. y. Lease Agreement, dated 1 October 2012, reflective of the applicant's execution of a 1-year lease agreement with a monthly payment of $755.00. z. MEDPROS document reflective of the applicant having a temporary performance limiting condition (medical) from 24 February 2012 – 23 April 2013. The details, limitations etc. associated with this condition(s) was not provided. aa. University of Maryland Children's Hospital letter, dated 5 December 2012, reflective of the applicant's dependent child having a medical condition that would require a subsequent surgery. bb. Three Lower Counties Community Services letters reflective of historical medical care provided to the applicant's dependent child between 11 July 2013 – 3 February 2016. cc. Failure to Pay Rent – Landlord's Complaint for Repossession of Rented Property, reflective of the applicant's landlord initiating the eviction process for her failure to pay rent ($775.00+ fees) for the month of May/June. dd. District Court of Maryland – Petition for Warrant of Restitution, dated 16 May 2014, reflective of the total amount owed plus costs (approximately $865.00 + $17.00). ee. College Lane Apartments letter, dated 7 May 2014, reflective of the applicant being notified by her landlord of her rent payment delinquency; total past due amount of $1,510 + fees = $1,623.36; $200.00 payment was made by the applicant towards the overdue amount on 27 May 2014. ff. Department of Human Resources, dated 11 June 2014, reflective of the applicant's request for financial assistance. gg. Shore Up Incorporated letter, dated 13 June 2014, reflective of the applicant being approved for $442.30 in financial assistance towards utilities. hh. Evictions document reflective of the applicant's requirement to remit payment on 11 June 2014 to avoid eviction. ii. Security Deposit, dated 15 August 2012, reflective of a $775.00 rent deposit with a total balance after interest, charges etc. of $2,748.61. jj. Rental Management Incorporated, dated 2 June 2014, reflective of the total fees ($2,748.61) associated with the applicant's eviction. kk. DL-304 (Motor Vehicle Administration), dated 7 July 2014, reflective of the applicant surrendering her Maryland Driver's license. ll. Lease Agreement, dated 5 November 2014, reflective of the applicant and a Mr. J_ P_ endorsing a 12-month rental agreement ($800.00 per month) 5. On 12 April 2021, the USARC, Director, Services and Support Division denied the applicant's request for reinstatement of her SLRP incentive citing that in accordance with Army Regulation (AR) 135-90 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures), paragraph 4-14 wherein it provides that unless an authorized absence, a Soldier failing to attend a scheduled single or Multiple Unit Training Assembly (MUTA) will receive an unexcused absence. When absence involves a MUTA (or any portion of a MUTA), the charge will be one unexcused absence for each 4–hour period not attended, but not to exceed 4 unexcused absences. If absent from a MUTA 5 or 6, the maximum number of unexcused absences charged is 4. Unexcused absences remain charged to the Soldier on reassignment or reenlistment in another RC unit. The applicant's SLRP incentive was terminated because she was an unsatisfactory participant by accumulating 9 or more unexcused absences in a 12-month period. Army policy requires the termination of a Soldier’s incentives if they fail to participate satisfactorily during the contract period. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and her record of service, USARC advisory opinion and documents provided by the applicant. Evidence in the record show the applicant had nine unexcused absences in one year. Based on the preponderance of evidence the Board agreed the applicant was no longer eligible for Non-Prior Service Enlistment Bonus (NPSEB) and Student Loan Repayment Program (SLRP) incentives due to her battle assembly unauthorized absences over a period of twelve months. The Board concurred with the advising official finding insufficient evidence for reinstatement of her NPSEB and SLRP incentives. Therefore, the Board denied relief. 2. 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 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX XXX XXX 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. 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, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-90 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures) provides that a Soldier is an unsatisfactory participant when 9 or more unexcused absences from scheduled Inactive Duty Training (IDT) occur during a 1–year period. Unless an absence is authorized, a Soldier failing to attend a scheduled single or MUTA will be charged with an unexcused absence. When absence involves a MUTA (or any portion of a MUTA), the charge will be one unexcused absence for each 4–hour period not attended, but not to exceed 4 unexcused absences. If absent from a MUTA 5 or MUTA 6, the maximum number of unexcused absences charged is 4. Unexcused absences remain charged to the Soldier on reassignment or reenlistment in another Reserve Component unit. 3. AR 137-7 (Reserve Component Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard (ARNGUS) and the USAR incentive programs. a. Paragraph 2-6 (Termination) provides that entitlement to the Non-Prior Service Enlistment Bonus would stop if a Soldier becomes an unsatisfactory participant. The termination date entered into personnel data reporting systems must be the date the Soldier attained his or her 9th unexcused absence or the date the Soldier is determined to be an unsatisfactory participant for failing to attend or complete the entire period of annual training. b. Paragraph 5.1-6 (Termination) provides that entitlement to the Student Loan Repayment Program would stop if a Soldier becomes an unsatisfactory participant. The termination date entered into personnel data reporting systems must be the date the Soldier attained his or her 9th unexcused absence or the date the Soldier is determined to be an unsatisfactory participant for failing to attend or complete the entire period of annual training. 4. AR 15-185 (ABCMR) paragraph 2-9 states 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. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010308 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1