IN THE CASE OF: 

		BOARD DATE: 31 January 2023

		DOCKET NUMBER: AR20220005212


APPLICANT REQUESTS:  

*	payment of the remaining balance of Non-Prior Service Enlistment Bonus 
(NPSEB) in the amount of $12,500.00
*	payment of Reenlistment Bonus (REB)

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty),  
15 March 2019
*	National Guard Bureau (NGB) Form 600-7-4-R-E (Annex R to DD Form 4 or DA 
Form 4836 Reenlistment/Extension Bonus (REB) Addendum), 29 July 2020

FACTS:

1.  The applicant states in pertinent part that payment of the remaining balance of his 
NPSEB is causing issues with his REB. He was advised that a Suspension of Favorable 
Personnel Actions (SFPA) flag was placed in his records due to a previously failed Army 
Physical Fitness Test (APFT). He contests that there is no evidence within his records, 
to include the Digital Training Management System (DTMS), to support this action and 
therefore payment of his REB should be provided.

2.  A review of the applicant's available service records reflects the following: 

   a.	On 14 July 2015, the applicant enlisted in the Army National Guard (ARNG) for 8 
years to serve as a 68W (Medical Specialist) with entitlement to a $12,500.00 NPSEB to 
be paid in 3 increments (50% upon becoming Duty Military Occupational Specialty 
Qualified (DMOSQ), 25% on the third year anniversary and 25% on the fifth year 
anniversary. 

   b.	NGB Form 600-7-1-R-E (Annex E to DD Form 4 NPSEB Addendum), Section VI 
(Termination) completed at the time of enlistment reflects payment of the NPSEB may 
be terminated with recoupment if the applicant has 2 consecutive record APFT failures 
within the contracted period. The effective date of the termination would be the date of 
the second record APFT failure. 

   c.	His ETS (expiration of term of service) date was established as 13 July 2021. 

   d.	On 25 July 2016, Headquarters U.S. Army North issued Orders Number 207-231 
awarding the applicant MOS 68W10, effective 12 August 2016. 

   e.	On 29 July 2020, the applicant reenlisted for 6 years with entitlement to a 
$20,000.00 REB to be paid in 2 increments (50% on the day after his current Expiration 
Term of Service (ETS) date and 50% on the fourth year anniversary of his contract start 
date. 

3.  The applicant provides a DD Form 214 reflective of his service on active duty from 
9 February 2019 – 15 March 2019. 

4.  On 26 October 2022, the NGB, Chief, Special Actions Branch, provided an advisory 
opinion recommending partial approval of the applicant's request. Upon review of his 
records revealed that he had two consecutive APFT failures. According to electronic 
records from the Guard Incentives Management System (GIMS) he had his first APFT 
failure in December of 2016, and a second failure in April of 2017. The failure of these 
two APFTs triggered the termination action of his NPSEB. After completing his 
commitment to his initial enlistment contract, the applicant extended his enlistment for 
an additional 6-year commitment on 29 July 2020, with entitlement to a $20,000.00 REB 
to be paid in two installments. The first 50 percent the day after his current ETS and the 
remaining 50 percent on the four-year anniversary of his contract start date provided 
installment one was previously processed. Unfortunately, due to unforeseen 
administrative errors, his initial payment of 50 percent was not processed. It is the 
recommendation of the NGB that the applicant's request to have his NPSEB of 
$12,500.00 be partially approved, and that the TXARNG additionally make payment of 
his initial 50 percent to his second enlistment contract.

	a.  The applicant's initial NPSEB of $12,500.00 should be partially approved 
because he failed a second consecutive APFT, which triggered a termination action and 
therefore only the initial 50 percent of the bonus should be processed and paid because 
he was DMOSQ, before failing his second APFT.

	b.  The first installment of 50 percent to the applicant's reenlistment contract should 
be paid once the close year action of his NPSEB has been completed by the TXARNG 
and NGB incentives, which is currently preventing payment of this action due to the 
Barring Act.

5.  On 4 November 2022, the applicant was provided a copy of the advisory opinion. As 
of 25 January 2023, the applicant had not responded. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant's 
contentions, the military record, and regulatory guidance were carefully considered. 

	a.  The Board noted that the applicant enlisted in the TXARNG for 6 years on 14 July 
2014 in a critical MOS/unit/vacancy that promised him a $12,500 NPSEB incentive to be 
paid in 3 increments: 50% upon becoming DMOSQ, 25% on the third year anniversary 
and 25% on the fifth year anniversary. He became DMOSQ on 12 August 2016. The 
Board also reviewed and agreed with the NGB advisory opinion that the applicant’s 
records revealed that he had two consecutive APFT failures. According to electronic 
records from the Guard Incentives Management System (GIMS) he had his first APFT 
failure in December of 2016, and a second failure in April of 2017. The failure of these 
two APFTs triggered the termination action of his NPSEB. 

	b.  After completing his commitment to his initial enlistment contract, the applicant 
extended his enlistment for an additional 6-year commitment on 29 July 2020, with 
entitlement to a $20,000 REB to be paid in two installments: 50% on the day after his 
current ETS and the remaining 50% on the four-year anniversary of his contract start 
date provided installment one was previously processed. Unfortunately, due to 
unforeseen administrative errors, his initial payment of 50% was not processed. 

	c.  Based on the foregoing, the Board determined the applicant should have 
received the first 50% of his NPSEB that was due upon becoming DMOS qualified 
(August 2016). The Board also determined that the applicant should be paid the first 
50% installment of his reenlistment contract, once the close year action of his NPSEB 
has been completed by the TXARNG and NGB incentives, which is currently preventing 
payment of this action due to the Barring Act.

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army and Army National Guard records of the individual concerned be corrected by:

*	showing the applicant timely submitted an exception to policy to the National 
Guard Bureau (NGB) for payment of the first 50% of his Non-Prior Service 
Enlistment Bonus, 14 July 2014 (was due upon becoming Duty MOS qualified, 
August 2016) and showing the NGB timely received and approved his exception 
to policy, and paying him the first 50% of his NPSEB as a result of this correction
*	showing the applicant timely submitted a second exception to policy to the NGB 
for payment of the first 50% of his Reenlistment/Extension Bonus (29 July 2020) 
(was due on the day after his current Expiration Term of Service (ETS) date) and 
showing the NGB timely received and approved his second exception to policy, 
and paying him the first 50% of his REB as a result of this correction 

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to any relief in excess of that described above.

	 
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) 601-210 (Regular Army and Reserve Components Enlisted
Program) Paragraph 10-6b (Suspension of Incentives) provides that a Soldier who 
has a suspension of favorable personnel action (flag), will not be processed for an 
initial or anniversary payment. Bonus payment(s) will be processed effective on the 
date the suspension is lifted for those Soldiers who have continued eligibility. This 
excludes suspension of favorable personnel actions for an APFT failure or failure to 
meet the Army Body Fat standards. Repeat APFT failure or failure to meet body fat 
standard within a 1-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. When authorized, entitlement to subsequent payment will resume on the 
adjusted anniversary date of satisfactory creditable Selected Reserve service.

2.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005212


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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