IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011020 APPLICANT REQUESTS: reversal of the National Guard Bureau (NGB) denial of his Exception to Policy (ETP) to retain a $10,000.00 Reenlistment Bonus (REB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Request for Reinstatement of REB, dated 16 April 2014 * Memorandum, Subject: DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) Discrepancy, dated 17 April 2014 * DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) * DA Form 268, dated 24 November 2012 * NGB Form 600-7-3-R-E (Annex R to DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 8 November 2012 * Memorandum, Subject: Request for ETP, dated 16 January 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 his REB for 6 years, in the amount of $10,000.00, signed on 8 November 2012 has been denied/terminated by the NGB due to a clerical error in the Standard Installation and Division Personnel Reporting System (SIDPERS) database. On the date of signature (8 November 2012) he was in fact, fully eligible and met all requirements to obtain said bonus. A flag was input into SIDPERS, due to a failed APFT after he had signed his REB. The flag was dated 4 November 2012, which should have been the date of failed APFT 24 November 2012. The provided DA Form 268 and DA Form 705 also serves as proof of said dates. He requests that the date is corrected due to no fault of his, and his REB reinstated. 3. A review of the applicant's official records shows the following: a. On 16 April 2001, the applicant enlisted in the Army National Guard (ARNG). b. On 21 May 2006, he extended his enlistment in the ARNG. c. On 8 November 2012, the applicant again extended his enlistment in the ARNG. In conjunction with this extension/reenlistment NGB Form 600-7-3-R-E was completed showing the following: (1) He was reenlisting in military occupational specialty 31B (Military Policeman) for a period of 6-years. (2) He was entitled to a REB of $10,000.00. (3) He understood the bonus would be suspended if he received a Flag. (4) The bonus would be terminated if he failed two consecutive APFT's within the contract term. Termination would be effective the date following the second APFT failure. 4. The applicant provides: a. Memorandum, Subject: Request for Reinstatement of REB wherein the applicant requests reinstatement of his REB based upon a clerical error in SIDPERS. At the time he entered into his contract he was not flagged. He entered into the contract on 8 November 2012 and did not fail an APFT until 24 November 2012. b. Memorandum, Subject: DA Form 268 Discrepancy wherein the unit readiness noncommissioned officer states in pertinent part, the DA Form 268 was dated incorrectly (4 November 2012 instead of 24 November 2012). The unit corrected the DA Form 268 and the applicant should be eligible for his bonus. c. DA Forms 705 showing the applicant failed the APFT 2 mile run event on 24 November 2012 and passed the APFT on 8 January 2013 and 17 March 2013. d. DA Form 268 showing a Flag was initiated on 24 November 2012 for APFT failure. e. Memorandum, Subject: Request for ETP wherein the NGB informed the applicant his request for ETP was denied because he was under a suspension of favorable personnel action (Flag) at the time of extension. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant’s contentions, military record, and regulatory guidance. The Board reviewed the National Guard Memorandum for Record confirming an administrative error which resulted in the applicant having been denied an exception to policy. Based the preponderance of the evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 by: * reinstating eligibility to retain the reenlistment bonus * cancellation of any debt incurred due to the administrative error which resulted in the applicant being determined ineligible for the REB * repayment of any monies recouped and payment of monies due, the amount of which to be determined by the Defense Finance and Accounting Services 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. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive 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. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 3. ARNG Selected Reserve Incentive Program Guidance for Fiscal Year (FY) 2012, states: a. The ARNG offers a $10,000.00 REB to Soldiers who re-enlist or extend for six- years. Soldiers will receive their REB in a lump-sum payment, which is payable upon the effective date of the new contract (day after current contractual ETS). b. The Soldier may not reenlist/extend if currently under any type of Suspension of Favorable Personnel Actions (FLAG). The State/NGB viewer must ensure that the Guard Incentive Management System is updated prior to requesting the contract number. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011020 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1