IN THE CASE OF:  

		BOARD DATE:  5 May 2015

		DOCKET NUMBER:  AR20140013632


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 his records to show he was in compliance with Army weight control standards in order to reestablish his entitlement to the Non-Prior Service Enlistment Bonus (NPSEB) and Student Loan Repayment Program (SLRP) he contracted for at the time of his enlistment in the Michigan Army National Guard (MIARNG). 

2.  The applicant states, in effect, his neck and abdominal measurements were incorrectly entered on his DA Form 5500 (Body Fat Content Worksheet (Male)); as a result, he exceeded the allowed body fat standard.  When the error was discovered, the data from this testing was deleted.  He contends he did not undergo a body fat taping in February 2012; therefore, he did not fail his body fat tape test in February 2012 and his unit does not have a record of such a failure. 

3.  The applicant provides:

* email exchanged between members of the MIARNG between
15 November 2012 and 14 November 2013
* DA Forms 5500, dated 8 April and 26 April 2011
* DA Forms 2823 (Sworn Statement), dated 15 June and 12 July 2014
* DA Forms 705 (Army Physical Fitness Test (APFT) Scorecard), documenting APFTs that were taken between 29 August 2009 and 26 July 2012 



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MIARNG on 29 May 2009.
 
2.  In connection with his enlistment, he and his recruiter signed:

	a.  A National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – NPSEB Addendum – ARNG), which shows:

* he contracted for a $10,000 NPSEB based on his agreement to become duty military occupational specialty (MOS) qualified in critical skill 92F (Petroleum Supply Specialist)
* he understood that bonus termination with recoupment would result from either two consecutive record APFT failures or two consecutive failures to meet body fat standards
* signatures were affixed to the last page of this addendum and the form contains a bonus control number

	b.  An NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States) – SLRP Addendum – ARNG of the United States (ARNGUS)), which shows:

* he contracted for loan repayment under the SLRP as a non-prior service applicant
* he understood and agreed to the terms of the SLRP Addendum
* signatures were affixed to the last page of this addendum and the form contains a bonus control number

3.  He entered active duty for the purpose of initial entry training on 18 August 2009.  Following the completion of initial entry training on 29 January 2010, he was awarded MOS 92F and was released from active duty to the control of the MIARNG.

4.  He entered active duty in support of Operation Iraqi Freedom on                   12 September 2010 and served in Kuwait and Iraq from 16 November 2010 through 21 August 2011.  He was released from active duty at the completion of his required period of active service on 14 September 2011.

5.  His official military personnel file (OMPF), maintained within the interactive Personnel Electronic Records Management System (iPERMS) by the U.S. Army Human Resources Command (HRC), contains a:

* DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 22 April 2012, which shows a FLAG was initiated, effective              5 February 2012, based on his failure to maintain Army weight control standards
* DA Form 268, dated 19 September 2012, which shows a FLAG was removed, effective 12 August 2012, based on other final action (presumably, his disenrollment from the Army weight control program)

6.  His OMPF does not contain any record, such as DA Forms 5500 or other allied documents (aside from the two DA Forms 268 mentioned above) that specifically document his ability or inability to maintain Army weight control standards.   

7.  He was promoted to the rank/grade of sergeant/E-5, effective 14 November 2012.

8.  His OMPF contains a memorandum from the NGB to the State Incentive Manager of the MIARNG, dated 22 May 2014.

	a.  This memorandum documented the NGB's decision to deny an exception to policy (ETP) request from the MIARNG, on behalf of the applicant, to retain his eligibility for the $10,000 NPSEB he contracted for.

	b.  As their denial rationale, the NGB cited the applicant's failure to meet Army height/weight standards on two consecutive occasions within a 12-month period (emphasis added), in violation of ARNG Selected Reserve Incentive Program (SRIP) policy 07-06. 

9.  He was notified of the NGB's denial of the request for an ETP on his behalf on 1 July 2014.  The notification memorandum informed him that his entitlement to the NPSEB was terminated effective 5 February 2012; however, since no incentive payment had been made, no recoupment was necessary.  He disputed the NGB's findings on 16 July 2014 and acknowledged his intent to appeal the decision to the Army Board for Correction of Military Records (ABCMR).

10.  His OMPF does not contain any NGB or MIARNG correspondence that addresses his standing vis-à-vis the SLRP.

11.  He was discharged from the ARNG and transferred to the U.S. Army Reserve Control Group (Retired Reserve), for placement on the Permanent Disability Retired List, effective 13 May 2015. 


12.  He provides:

a. Email that was written between members of the MIARNG between
15 November 2012 through 14 November 2013, which suggest:

		(1)  he was credited with two consecutive height/weight failures that occurred on 18 March 2011 and 5 February 2012;

		(2)  his abdominal measurement was incorrectly entered as 17 inches after the 18 March 2011 test, which resulted in a 37 percent body fat measurement;

		(3)  his body fat measurements were correctly input after his 8 April 2011 test, which resulted in a 19 percent body fat measurement; and

		(4)  his former executive officer, now a company commander, attests to the fact that he was in compliance with Army body fat standards in March 2011.

	b.  DA Forms 5500, dated 8 April and 26 April 2011, which document his compliance with Army body fat standards in April 2011.

	c.  DA Forms 2823 (Sworn Statement), dated 15 June and 12 July 2014, which testify to computer glitches in the ARNG system that resulted in an incorrect body fat measurement. 

	d.  DA Forms 705 that document his performance on the APFT between 
29 August 2009 and 26 July 2012.  These forms show that when height and weight data was measured in conjunction with the administration of the APFT, his height was 68 inches.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he was in compliance with Army height and weight standards, in order to reestablish his entitlement to the NPSEB and SLRP he contracted for at the time of enlistment in the MIARNG, was carefully considered.

2.  The applicant enlisted for an NPSEB and the SLRP.  At the time of his enlistment, he signed the appropriate addenda, acknowledging the requirements and his responsibilities vis-à-vis the SRIP.  His entitlement to these incentives was later terminated, based on his recorded failure on two consecutive occasions within a 12-month period, to maintain Army height and weight standards.  
3.  The record is void of any evidence that establishes his compliance or noncompliance with Army height and weight standards.  His OMPF contains       2 DA Forms 268 that show a FLAG was initiated after he failed to meet Army height and weight standards on 5 February 2012.  That FLAG was later removed after it was determined he was in compliance with Army height and weight standards.  

4.  The applicant contends his body fat measurements were incorrectly input after his 18 March 2011 test, resulting in an incorrect body fat assessment.  Additionally, he contends he was tested for height and weight compliance on      5 February 2012; therefore, the NGB's decision to deny the MIARNG's ETP request was based on flawed data and should be overturned.

5.  He provides email between members of the MIARNG, sent during the period 15 November 2012 through 14 November 2013, which seem to suggest his body fat measurements were, in fact, incorrectly input after his 18 March 2011 test, resulting in an incorrect body fat assessment of 37 percent.  

6.  His body fat analysis of 8 April 2011, taken only 3 weeks after the contested test of 18 March 2011, revealed he had a body fat percentage of 19 percent.  Given the wide disparity between the measured body fat percentages on the two test dates, it is likely his measurements were, in fact, incorrectly entered on       18 March 2011.  Therefore, it would be appropriate to void the results of his      18 March 2011 body fat analysis.

7.  It would be appropriate, as a matter of equity, to correct his records to show he remained fully entitled to the NPSEB and SLRP he contracted for on 29 May 2009 throughout the entire period of his ARNG service.

BOARD VOTE:

____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 and State ARNG records of the individual concerned be corrected by:

* removing all evidence of his failure to be in compliance with Army height and weight standards on 18 March 2011
* showing the NGB approved an ETP, thereby reinstating his entitlement to the NPSEB and SLRP that he contracted for on 29 May 2009
* stopping all recoupment action against him and reimbursing him all previously-recouped monies



      ____________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)                                         AR20100024747



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013632



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1