BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20150001961
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 relief from recoupment of a Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $7,375.
2. The applicant states, in effect:
* to maintain eligibility for the NPSEB he was required to pass the Army Physical Fitness Test (APFT)
* he failed the APFT twice
* he requested, as an exception to policy, that the National Guard Bureau (NGB) not recoup the NPSEB; his request was denied
* he actually passed the APFT while the NGB was considering his ETP request
* being required to repay the $7,375.00 would create an extreme financial hardship for his family; he has four children, one of whom is a newborn
* his wife attends school and, as such, he has limited work hours
* his family cannot afford additional monthly payments; he is already working as much as possible just to make ends meet
* he is willingly forfeit the remainder of the bonus
* he is currently in compliance with APFT requirements
3. The applicant provides photocopies of the ETP request he submitted to the NGB, dated 24 February 2014, and the NGB denial memorandum.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Wisconsin Army National Guard (WIARNG) on 9 November 2009. After completing initial training, he was awarded military occupational specialty 88M (Motor Transport Operator). He is currently serving in the WIARNG in the rank/grade of specialist/E-4.
2. On 9 November 2009, as part of his enlistment he signed and initialed an Annex E (Non-Prior Service Enlistment Bonus Addendum - ARNG) to the
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States). Section V (Termination), paragraph 2k, states two consecutive record APFT failures will result in termination of bonus eligibility.
3. Available records show the applicant failed to pass his record APFTs on at least three occasions:
* 2 August 2012
* 1 January 2013
* 14 June 2013
4. The applicant's memorandum, dated 24 February 2014, requested an ETP to retain the incentive payment that he had received without recoupment. He essentially stated:
* on 12 February 2014, he received a memorandum informing him that his incentive eligibility would be terminated and the $7,375 that he received would be recouped, which would create a hardship for his family
* he had four children to include a newborn
* according to the memorandum, he failed two record APFTs (on
11 September 2010 and 3 May 2011, respectively)
* his civilian job as a commercial truck driver demanded that he travel 6 to
7 days a week working between 12 to 14 hours per day
* he was not always able to find a place to run on his truck routes; it was this portion of the APFT that he had failed
* the poor economy has forced him to work twice as hard just to make the same level of income he had made earlier
* it really bothers him that he has failed the APFT; he wants to improve and pass
* his wife was in school full-time and, as such, her work hours were very limited and they were just making ends meet
* he was willing to forfeit the remainder of the bonus; but he was requesting relief from recoupment of the payment he received
* he loved being a Soldier; his leadership would confirm he always went above and beyond what was expected
* he joined to serve his country and State, but fulfilling his commitment in a tough economy had been very challenging
5. A memorandum, dated 19 December 2014 from the NGB, subject: Request for ETP for NPSEB (applicant) states:
* request for ETP is denied
* the applicant failed two consecutive APFT's which violates ARNG Selected Reserve Incentive Program Policy Guidance 07-06, updated 1 March 2009
* the applicant's recoupment is effective the date of the second APFT failure
DISCUSSION AND CONCLUSIONS:
1. While the challenges faced by the applicant are acknowledged, when he signed the Annex E addendum he confirmed he understood he was required to pass the APFT. He was not able to fulfill this requirement; therefore, his eligibility was terminated and the incentive payment he received will be recouped.
2. Based upon the foregoing, there is insufficient basis upon which to grant 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) AR20150001961
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