IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140000691 


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, correction of her record to show an exception to policy (ETP) request was approved allowing her to retain the full amount of her non-prior service enlistment bonus (NPSEB).   

2.  She states two consecutive Army Physical Fitness Test (APFT) failures, dated 11 June and 17 September 2011, led to suspension and recoupment of her NPSEB.  The APFT that was taken on 17 September 2011 was a diagnostic test in nature and not a record test.  The test was declared to be a diagnostic test before the event began and the unit was aware of such.  However, after the test was completed, it was erroneously recorded as a record event.  This led to the suspension and recoupment of her NPSEB.  The unit has admitted this was an administrative error; however, the National Guard Bureau (NGB) denied an ETP request to retain the bonus.  

3.  She provides:

* Memorandum for Record (MFR), subject:  Bonus Eligibility for [Applicant] and APFT Clarification
* memorandum, subject:  Notification of Incentive Discrepancy and ETP Process
* memorandum, subject:  Bonus Eligibility for [Applicant]
* memorandum, subject:  Request for ETP for NPSEB ([Applicant])
* NGB Form 600-7-1-R-E (NPSEB Addendum)


CONSIDERATION OF EVIDENCE:

1.  On 4 November 2009, the applicant enlisted in the Minnesota Army National Guard (MNARNG) for a period of 6 years.  

2.  In conjunction with her enlistment, she signed an NGB Form 600-7-1-R-E acknowledging she was eligible for a $10,000.00 NPSEB because she was enlisting for the requisite 6-year period in critical skill military occupational specialty (MOS) 35N (Signal Intelligence Analyst).  She also acknowledged, in part, that she could be terminated from bonus eligibility with recoupment if she had two consecutive record APFT failures or two consecutive failures to meet body fat standards.

3.  Her record shows she completed initial entry training and she was awarded MOS 35N.  

4.  Her Official Military Personnel File (OMPF) in the integrated Personnel Electronic Records Management System is void of documentation indicating she failed the APFT in 2011.  

5.  Her OMPF does show she passed the APFT in January and July 2012.  An MNARNG Form 2166-8 (Corporal/Specialist Evaluation Report) signed in November 2013 shows she was exempt from APFT and weight control standards.  

6.  Effective 21 February 2014, she was promoted to sergeant/E-5 in MOS 35N.  

7.  She provides:

	a.  A memorandum, subject:  Notification of Incentive Discrepancy and ETP Process, dated 25 October 2012, from the Office of the Adjutant General, Headquarters, Minnesota National Guard, showing she was notified that her second consecutive record APFT failure on 17 September 2011 met a termination with recoupment clause within her NPSEB addendum, that she was subject to recoupment of $1,803.00 and non-payment of $5000.00, and that she could request an ETP request for payment. 

	b.  A memorandum, subject:  Bonus Eligibility for [Applicant], dated 1 November 2012, from a Readiness Noncommissioned Officer who explained that it was not clearly specified whether the 17 September 2011 APFT was a record or diagnostic test; however, it was entered as a record APFT, and that action had been taken to remedy the problem.

	c.  A memorandum, subject:  Request for ETP for NPSEB ([Applicant]), dated 25 February 2013, from the Deputy G-1, ARNG, NGB, denying her request for an ETP to retain the NPSEB based on having two record APFT or height/weight failures within 12 months. 

	d.  An MFR, subject:  Bonus Eligibility for [Applicant] and APFT Clarification, dated 8 December 2013, from her company commander who states that an APFT in September 2011 was erroneously recorded as a record test, that the administrative error has been corrected, and that her NPSEB should be reinstated.

8.  NGB Policy Number 07-06 established policy to administer ARNG incentives during the period 01 March to 30 September 2009.  It stated, in part, that a critical skill NPSEB would be terminated with recoupment if a Soldier had two consecutive record APFT failures or two consecutive failures to meet body fat standards.

9.  Army Regulation 350-1 (Army Training and Leader Development), Appendix G, section G-9 (Physical Readiness Training), describes Army physical readiness training and provides procedures for the APFT.  It states that commanders may administer the APFT as often as they wish; however, they must specify beforehand when the results are for record.  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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the only reason for terminating the applicant's NPSEB with recoupment was her second consecutive failure of the APFT in September 2011.  She has provided convincing evidence that this test was not properly identified as a record test.  It is noted that her record shows she passed the APFT twice in 2012.  

2.  In light of the available evidence, it would be appropriate to correct her record by showing an ETP request was approved allowing her to retain the NPSEB.  





BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 State Army National Guard records of the individual concerned be corrected by showing an ETP request was approved allowing her to retain the full NPSEB.  



      _______ _   __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)                                         AR20140000691



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ABCMR Record of Proceedings (cont)                                         AR20140000691



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