BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130012810 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, her exception to policy to retain the Non-Prior Service Enlistment Bonus (NPSEB) in the Missouri Army National Guard (MOARNG) be approved.  

2.  The applicant states:

* she accrued several unexcused absences which led to her bonus being terminated with recoupment
* her chain of command stated she accrued 9 unexcused absences within a one-year period
* one of the unexcused absences occurred during a busy graduation week at the St. Louis Police Academy and she was unable to reschedule the drill
* she was told she would be excused from absence as long as she made up the drill
* another occasion of missing drills occurred due to medical reasons

3.  The applicant provides medical documents from a medical center.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MOARNG for 6 years on 20 March 2007.  She enlisted for training in military occupational specialty (MOS) 31B (Military Police) and assignment to the 3175th Military Police Company. 

2.  In connection with this enlistment, she completed Annex E (NPSEB Addendum) to DD Form 4 (Enlistment/Reenlistment Document).  She indicated she understood:

* upon her enlistment in the ARNG, she would be eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program (SRIP)
* she was enlisting into a critical skill MOS under the 6x2 or 8x0 enlistment option and she would receive a non-prior service critical skill bonus of $20,000 for this enlistment option
* she would receive her first payment of 50 percent when she completed training and was awarded the critical MOS
* she would receive the second installment on the 36th month anniversary of her enlistment
* her bonus would be terminated with recoupment if she accumulated 9 unexcused absences within a 12-month period effective on the date of the 9th unexcused absence or failing to attend or complete annual training without her commander's approval

3.  She entered active duty for training (ADT) on 6 November 2007.  She completed training for and was awarded MOS 31B.  She was released from ADT on 10 April 2008. 

4.  On 5 April 2012, she executed a 6-year extension of her enlistment contract.  She also executed Annex R (Reenlistment/Extension Bonus Addendum) agreeing to extend her enlistment for a period of 6 years in exchange for a $10,000 bonus.  

5.  She was promoted to sergeant/E-5 on 10 April 2013 while assigned to the 1175th Military Police Company.  

6.  On 5 April 2013, she submitted an exception to policy through the State to the National Guard Bureau (NGB) requesting to retain her NPSEB.  She stated: 

	a.  Her first unexcused absence occurred on 16 and 17 May 2009.  At the time of this drill weekend, she had been attending the St. Louis Police Academy for 5 months.  It was near her graduation date and their mandatory ride-alongs were scheduled during the evening hours on 15 and 16 May 200 from 6 to 2 am. She was unable to reschedule her drill since it interfered with her academy training.  She accidentally showed up late to both drill mornings due to lack of sleep.  She was lectured and permitted to make up this weekend.  She was told she would be excused from this drill as long as she performed a make-up.  She did so by working in the office with two sergeants for 2 days.  

	b.  She was aware of the unexcused absence on 26 July 2009 and she does not dispute that. 

	c.  Her last unexcused absences were accrued on 12, 13, and 14 March 2010.  This drill was set to be out of state for these three days.  On the morning of 12 March 2010, she sustained injuries from an accident to her left foot and wrist.  She reported to St. Anthony's emergency room where she was treated for these injuries.  Due to her injuries and being at the hospital the morning of departure with her unit, she was unable to attend this drill.  She does not recall any discussion at a later date for being permitted to make this drill up.

7.  Also on 5 April 2013, the State Education Officer endorsed her request with a favorable recommendation to approve the ETP. 

8.  On 1 May 2013, the NGB denied her request and instructed the State Incentive Manager to terminate the incentive with recoupment.  The NGB official stated the applicant had accrued 9 or more periods of unsatisfactory service which violates the SRIP.  

9.  She provides medical documents that confirm she was seen at the emergency room on 12 March 2010.  

10.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, Subject:  SRIP Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates provides for various enlisted and officer bonus incentives. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for the critical MOS of 31B and assignment to the 3175th Military Police Company.  She agreed to serve for 6 years in this MOS.  She also agreed that if she had 9 unexcused absences within one year, her bonus is subject to recoupment.  

2.  Annual training and drill participation are accounted for by the unit administrator.  Soldiers who miss training are given the opportunity to count the missed training as excused.  Here, the applicant does not explain why she did not address her missed days with her commander and/or unit administrator.  Likewise, she does not provide supporting evidence to show she requested or was authorized a make-up date.  

3.  She did not fulfill the contractual obligation she agreed to.  The terms of her agreement stipulated that the bonus would be terminated with recoupment if she accrued 9 unexcused absences during a one-year period.  There does not appear to be an error or an injustice.  As such, she is not entitled to the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X______  __X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.



ABCMR Record of Proceedings (cont)                                         AR20130012810





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ABCMR Record of Proceedings (cont)                                         AR20130012810



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