IN THE CASE OF:	   

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150006476 


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 reconsideration of her earlier request for approval of an exception to policy (ETP) to retain her Non-Prior Service Enlistment Bonus (NPSEB) for service in the Missouri Army National Guard (MOARNG).

2.  The applicant states, in effect:

* the Board's earlier decision resulted from a lack of supporting evidence
* she has since made contact with personnel within the 3175th Military Police (MP) Company
* she has been able to refresh her memory of the issues addressed in the Board's decision
* the noncommissioned officer in charge (NCOIC) of the 3175th MP Company (Rear Detachment) was able to recall the events involving the dates of 12 to 14 March 2010 and has provided a memorandum for record (MFR) explaining the decisions made
* Sergeant First Class (SFC) RPH, who was the Readiness NCO at the time, has submitted an MFR recalling the events from drill dates 16 and 17 May 2009
* the company commander of the 1175th MP Company has also submitted an MFR in support of the applicant's request

3.  The applicant provides:

* MFR from Captain (CPT) SHW, Commander, 1175th MP Company, dated 23 February 2015
* MFR from Master Sergeant (MSG) REK, Operations NCO, dated 23 March 2015
* MFR from SFC RPH, Recruiting and Retention NCO, dated 23 March 2015

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130012810 on 10 April 2014.

2.  The applicant provides three MFRs which were not previously considered.  This is new evidence that warrants consideration by the Board.

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

4.  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 nine unexcused absences within a 12-month period effective on the date of the 9th unexcused absence or failed to attend or complete annual training without her commander's approval

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

6.  Her official military personnel file (OMPF) is void of information detailing unexcused absences for any period of service.  Her ARNG annual statement of retirement points prepared on 20 April 2010 and on 19 April 2011 does not show she attended any unit training assemblies for the months of May 2009 and March 2010.  A brief synopsis shows she received credit for 1-year of qualifying service for nonregular retirement in 2010 and 2011 as follows: 
Retirement Year Ending Date
Inactive Duty Points
Membership Points
Active Duty Points
Total Points for Retired Pay
19 March 2010
41
15
31
113
19 March 2011
44
15
39
98
7.  Orders 277-105, dated 4 October 2010, issued by the MOARNG, reassigned the applicant from the 3175th MP Company to the 1175th MP Company, effective 4 October 2010.

8.  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.

9.  She was promoted to sergeant (SGT)/E-5 on 10 April 2013.

10.  On 5 April 2013, she submitted a request for an ETP through her State to the National Guard Bureau (NGB) requesting to retain her NPSEB.  She stated she had been informed she had violated the terms of her bonus due to unsatisfactory participation.  Although she did not identify all nine dates which had been listed as unexcused, she did provided the following:

	a.  Her first unexcused absences 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 2009 from 6 p.m. to 2 a.m.  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 did not dispute it. 

	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 3 days.  On the morning of 12 March 2010, she sustained injuries from an accident to her left foot and wrist. She reported to the St. Anthony Hospital emergency room where she was treated for these injuries.  Due to her injuries and being at the hospital the morning of her unit’s departure for its training weekend, she was unable to attend this weekend drill.  She does not recall any discussion with unit leaders at the time that would have allowed her to make the weekend drill up based on her injury and subsequent medical treatment. 

11.  Also on 5 April 2013, the Director of Manpower and Personnel, MOARNG, stated in a memorandum addressed to the NGB, that, as of 13 March 2010, the applicant accrued her ninth unexcused absence in a 12-month period.  Based upon the recommendation of the State Education Officer, however, her request for an ETP was endorsed with a favorable recommendation for approval.  Other than showing the date of 13 March 2010, the memorandum did not identify the remaining dates of the unexcused absences.

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

13.  The applicant provides three statements in support of her request. 

	a.  An MFR, dated 23 March 2015, signed by MSG REK, Operations NCO, essentially states:

* the writer was the NCOIC of the 3175th MP Company Rear Detachment in 2009 – he recalls the main body of his unit was returning from Kosovo
* the applicant was not at a required formation because she was hospitalized as a result of a vehicle accident (no dates were given)
* he recently checked with the 3175th Armory and they had not retained the records, but he is confident the applicant should have been coded "H" (injured or ill, yes or undetermined for line of duty) – she therefore would not have been required to be at drill
* the administrative sergeant should have recorded the applicant in an "H" status but may have entered a "U" (unexcused absence) of her own accord – this SGT had a history of failing to take care of Soldiers and making decisions beyond her rank
* the applicant is, in his opinion, an exemplary Soldier whose integrity is without question

	b.  An MFR, dated 23 March 2015, signed by SFC RPH, Recruiting and Retention NCO, states, in effect:
* he first became aware of the applicant when he returned from Kosovo in 2009 – he was serving as the Readiness NCO at the time
* he recalls the applicant was accepted into the St. Louis City Police Department and was attending their police academy
* the applicant was excused from attending drill to accommodate her attendance at the police academy
* the applicant should have been coded "A" (excused absence) instead of "U" for the period covering 16 and 17 May 2009
* this was one of many errors made by the administrative NCO during her tenure with the unit

	c.  An MFR, dated 23 February 2015, signed by CPT SHW, Commander, 1175th MP Company, states:

* he has served with the applicant since her arrival to his unit in 2011
* since her arrival, the applicant has earned a promotion to SGT – she has faithfully discharged her duties, has required minimal supervision and has been a valued member of the unit
* the applicant's communication and attendance have set the example; she shows care and consideration towards her fellow Soldiers, which goes above and beyond the norm
* she balances her military career with a civilian career in law enforcement, all while being a single mother with two children
* the writer recommends favorable consideration of the applicant's request not to recoup her NPSEB
* a drastic debt would cause the applicant financial hardship affecting both her and her family
* the applicant wishes to honor her commitments and avoid financial hardship – flexibility or reduction of the amount to be repaid would greatly help her situation

14.  The applicant also provided medical documents from St. Anthony’s Medical Center in St. Louis, MO, wherein she was seen in the emergency department on 12 March 2010 for injuries to her left leg and left arm incurred during an accident. Upon physical examination and through x-rays it was determined she did not fracture or dislocate a bone or joint in her left leg or left arm.  She was treated for pain management and released from the hospital.  No discharge instructions were noted in the medical documents nor did she provide a temporary profile or documents showing she had limited duty.   



15.  NGB Policy Memorandum Number 07-04, dated 1 January 2007, subject:  ARNG SRIP Guidance for Fiscal Year 2007, 1 January 2007 to 31 March 2007, established policy for the administration of various enlisted and officer bonus incentives for the cited period.  It states:

	a.  Termination with recoupment will occur if entitlement is terminated for any reason before the date of the fulfillment of the service described in the member's written agreement.

	b.  One reason for termination is the failure to satisfactorily participate in required training during the entire period of the service to which agreed unless the failure was due to reasons beyond the control of the member (i.e., death, injury, illness, or other impairment).

16.  National Guard Regulation 680-1 (Personnel Assets Attendance and Accounting), in effect at the time, included the definitions for absence entry codes.  It stated the following codes are defined as:

* "A" is an excused absence
* "U" is an unexcused absence
* "H" is used for cases where the Soldier is injured or ill; line-of-duty determination is yes or undetermined

DISCUSSION AND CONCLUSIONS:

1.  In exchange for enlisting in a critical MOS, the applicant received a $20,000 bonus.  To receive this bonus, her written agreement included a requirement to acknowledge that the bonus would be recouped if she had nine unexcused absences within a 12-month period (counting backward from the date of the ninth absence).

2.  While the specific dates for her unexcused absences are not available for review, the MOARNG Director of Manpower and Personnel affirmed that, as of 13 March 2010, the applicant had her ninth unexcused absence.  The applicant offers evidence, both in the form of her self-authored statement in her ETP, medical documents, and two MFRs (respectively from the NCOIC of the rear detachment and the Readiness NCO for the unit wherein nine identified absences took place).  

3.  While the statements of NCOs within her former unit merit serious consideration, they do not equate to official verification her absences were properly excused by her commander.  However, it is reasonable to assume that, based on her emergency medical treatment on 12 March 2010, she was unable to attend the monthly unit training assembly for March 2010 which commenced on the same day as her emergency medical treatment and continued through 
14 March 2010.  It is also noted that the training was out-of-state at a different training location than where her unit regularly met.

4.  Based on her medical documentation, it is apparent that her unit commander could have granted her excused absences for the 3 day training assembly.  Had she been granted excused absences, she would not have reached her ninth unexcused absence within a 12-month period.  Based on the evidence submitted by the applicant, her record should be corrected to show an ETP that allows her to retain her $20,000 NPSEB with all recoupment actions stopped and any monies collected refunded to her.  

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 an amendment of the ABCMR decision set forth in Docket Number AR20130012810, dated 10 April 2014.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing she received an ETP to retain her NPSEB, stopping all recoupment action for her NPSEB, and refunding any monies previously collected from her.



      _______ _   _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)                                         AR20150006476



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150006476



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1