DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202·3531 SAMA-RB 10 August 2016 MEMORANDUM FOR Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A) , 111 South George Mason Drive Building 2, Arlington VA 22204-1382 SUBJECT: Army Board for Correction of Military Records Record of Proceedings AR20150004114 1. Reference the attached Army Board for Correction of Military Records of Proceedings, dated 14 July 2016, in which the Board members unanimously recommended denial of the applicant's request. 2. I have revieweq the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by showing he had a valid Officer Affiliation Bonus addendum in the amount of $6,000.00 and as a result of this correction, no debt was established in the amount of $6,000.00. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 10 December 2016. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150004114 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150004114 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150004114 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 correction of his records to show his eligibility for: a.  an Officer Affiliation Bonus (OAB) in the amount of $6,000.00 and b.  a Student Loan Repayment Program (SLRP) incentive in the amount of $13,500.00. 2. The applicant states: a.  He initially enlisted in the California Army National Guard (CAARNG) in 2003 for a 1-year "Try-One" contract. His recruiter told him he qualified for and offered him an SLRP incentive at the time in exchange for an additional 3 years of service. He relied on the terms presented by his recruiter and extended his commitment in 2004. b.  He received his commission in March 2005 and Master Sergeant (MSG) J____, CAARNG Joint Force Headquarters, told him he was eligible for an OAB, which he accepted. c.  The CAARNG Incentives Task Force (ITF) conducted an audit and informed him of the following issues pertaining to both his OAB and SLRP: (1)  No OAB addendum had been filed in his records nor could one be found. His OAB was against Title 37, U.S. Code, section 308j, paragraph (f), to receive both the OAB and SLRP concurrently. (2)  There was no SLRP addendum on file nor could one be found. Further, he was not eligible as he had not served with the ARNG for the previous 3 years. This was against National Guard Bureau (NGB) Selected Reserve Incentive Program (SRIP) Policy 04-03, paragraph 5(p)(4). d.  He does not recall ever receiving copies of the missing addenda and his circumstances should grant him relief from the constriction of policy at the time of his contract. e.  He is being obstructed from receiving the OAB merely based on a lack of an addendum that had not been properly uploaded into his interactive Personnel Records Management System (iPERMS). The policy of receiving both incentives was never raised and he was not given an opportunity to opt out of one or the other. As such, the money was committed to others, which likely would not have been otherwise, and spent on the promise that he would receive it. f.  He agreed to an additional 3-year commitment based on the representations of those in positions representing knowledge and expertise on incentive subject matters. As a result of his recruiter and (MSG) J____'s misunderstanding or manipulation of ARNG policy, he entered into a contract trusting that he would be eligible for the OAB and SLRP incentive. Because of their failure to properly code his addenda in iPERMS, he has no proof of his eligibility to receive the incentives. It is likely he may not have considered further service if not for the OAB and SLRP offered and accepted at the time. g.  The recoupment would cause a disturbing financial strain on his family. His wife is currently unemployed, he has a 19-month old daughter, and they are the sole care providers for his wife's grandmother. He relocated his family to Northern California without the benefit of permanent change of station entitlements as a result of his continuing active service in the ARNG. The recoupment is an unexpected and unplanned expense 8 years later. While his student loans had specific payment plans over the course of a number of years, he is left uncertain as to the terms of repayment in this instance. 3. The applicant provides: * self-authored statement * CAARNG ITF memorandum, dated 10 June 2013, subject: Army Board for Correction of Military Records (ABCMR) Appeal for (Applicant) * Congressional correspondence CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Louisiana Army National Guard (LAARNG) on 1 February 1995. 2. On 15 November 2002, he was discharged. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 7 years, 9 months, and 15 days of net service during this period. His service was uncharacterized. Item 13 (Remarks) of his NGB Form 22 contains the entry: "SRIP PARTICIPANT, TYPE ENLISTMENT, DATE ENTERED 950201 DATE TERMINATED 021115, REASON FAILURE TO REPORT TO THE GAINING UNIT UPON INTERSTATE TRANSFER, RECOUPMENT IS REQUIRED." 3. His records contain an NGB Form 22-3 (Request for Waiver), dated 14 January 2003, showing the commander requested a waiver to allow the applicant to enlist in the CAARNG. Item 7 (Recommendation) contains the entry: "(APPLICANT) WAS DISCHARGED FROM THE LOUISIANA ARMY NATIONAL GUARD WITH UNCHARACTERIZED DISCHARGE DUE TO LACK OF COORDINATION AND FOLLOW THROUGH FROM CALIFORNIA IST [INTERSTATE TRANSFER] COORDINATOR." 4. His records contain a self-authored memorandum, dated 15 January 2003, in which he indicated: * he moved to California and attempted an interstate transfer from the LAARNG around August 2002 * he desired to enlist in the CAARNG for 1 year * he lost the second half of his enlistment bonus, tuition assistance for a semester of graduate school, a retirement year, and some time in service 5. On 23 January 2003, he enlisted in the CAARNG for a 1-year period. 6. On 21 May 2004, he extended his enlistment for a 3-year period. 7. On 22 May 2004, he again extended his enlistment for a 3-year period. 8. On 10 March 2005, he was honorably discharged from the CAARNG and as a Reserve of the Army to accept a commission. 9. On 11 March 2005, he was appointed as a second lieutenant in the CAARNG. 10. NGB Special Orders Number 190 AR, dated 23 June 2005, granted him Federal recognition the rank of second lieutenant effective 12 March 2005. 11. On 18 July 2006, he completed the Military Police Officer Basic Course. 12. On 12 March 2007, he was appointed as a Reserve commissioned officer in the CAARNG the rank of first lieutenant. 13. NGB Special Orders Number 207 AR, dated 25 August 2009, granted him Federal recognition the rank of captain with an effective date of 19 August 2009. 14. On 10 June 2013, the CAARNG ITF issued a memorandum, subject: ABCMR Appeal for (Applicant), in which the ITF Commander stated: a.  The applicant was audited and it was discovered that his OAB and SLRP addenda were missing from his records. There was no evidence of fraud on his part and he was otherwise eligible for the OAB; however, he was not eligible to contract for or receive an SLRP incentive. b.  At the time of his commissioning, he was eligible for an OAB not to exceed $6,000.00 in accordance with NGB SRIP Policy 04-05. To receive the bonus, he had to complete a contract at the time of commissioning and he had to agree to serve for 6 years in an active drilling status in a critical skill. Payment would be paid in one lump sum upon completion of the Officer Basic Course. Additionally, per Title 37, U.S. Code, section 308j, paragraph (f), he could not receive SLRP benefits for the same contract period as the OAB. c.  He enlisted on 3 December 2003 under a 1-year "Try-One" contract and he signed two extension contracts for a total of 3 years each on 21 May 2004 and 22 May 2004, respectively, effectively making a 6-year enlistment commitment to the ARNG. d.  In order to have been eligible for the SLRP incentive, he should have completed a contract at the time of extension and he should have submitted a DD Form 2475 (Department of Defense Educational Loan Repayment Program Annual Application) for payment in addition to valid loan documents substantiating the loans. He should not have received payment prior to becoming military occupational specialty qualified. e.  He was paid $6,000.00 on 4 August 2006. The OAB addendum was never coded nor was a copy provided by him; however, records show a bonus control number was requested on 8 February 2006 (approximately 11 months after his appointment date). He fulfilled obligations required for initial and continued eligibility of his OAB under the SRIP policy. f.  An SLRP addendum was never coded nor was a DD Form 2475 submitted for payment. However, certifying documents exist, signed by his unit and stamped by his lender (Citibank) on 25 May 2004, for two loans totaling $37,746.13. g.  In addition, the applicant initially extended for 3 years and then extended for another 3 years the next day. The certifying documents, coupled with the second 3-year extension, indicate the SLRP was the motivation for his 6-year commitment. Had he been eligible for the SLRP once he accepted his commission on 12 March 2005, his SLRP eligibility would have ceased pursuant to the termination clause in the applicable SLRP addendum at the time. He was never actually eligible to contract for the SLRP as he had not served 3 consecutive active years in the ARNG prior to his extension nor was he eligible for payment because he did not become officer branch qualified until 2006. h.  Despite his ineligibility, he was paid $13,500.00 in SLRP funds for Fiscal Years 2004 to 2008, $4,500.00 over program limits. i.  To be eligible for the $6,000.00, a properly executed OAB addendum was required at the time of his appointment. Relief from recoupment is the only favorable action with regard to his SLRP incentive as he was not eligible to contract for or receive payment for the incentive at the time. 15. On 15 October 2015, he was notified of his non-selection by the 2015 Captain-Major Army Promotion List Department of the Army Mandatory Selection Board. 16. On 1 February 2016, he was issued a Notification of Eligibility for Retired Pay for Non-Regular Service (20 Years). 17. His iPERMS records are void of and he failed to provide copies of OAB or SLRP addenda. REFERENCES: 1. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs. Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 2. Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for administration of the ARNG and the U.S. Army Reserve incentive programs. Chapter 5 authorizes student loan repayment for qualified Selected Reserve enlisted personnel. This incentive is offered to qualifying non-prior, prior, and in-service personnel upon signing a contractual agreement for a specified term of service in the Selected Reserve and executing an SLRP addendum. This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility by no longer serving in the approved military occupational specialty or unit. Entitlement to the SLRP will stop if the Soldier is appointed as a commissioned officer or warrant officer. 3. Title 10, U.S. Code, section 1552, the law under which this Board operates, states, "The Secretary may pay from applicable current appropriations a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be." 4. NGB memorandum, dated 15 March 2004, subject: Fiscal Year 2004 SRIP Policy Guidance for 1 April 2004 through 30 September 2004 (Policy 04-03), established policy to administer the ARNG SRIP for the period 1 April 2004 through 30 September 2004. a.  Paragraph 5p stated the Soldier may reenlist or extend for a period of not less than 6 years from the date of the SLRP agreement, reenlist or extend in a modified table of organization and equipment unit, be military occupational specialty qualified in a valid position, and must have served the last 3 consecutive years in an active status in a unit of the ARNG. Any period of inactive ARNG service constituted a break in service. b.  Paragraph 5r stated Soldiers eligible for incentives would retain eligibility while attending the Officer Candidate School or Warrant Officer Candidate Course up to the date of commissioning or appointment. DISCUSSION: 1. The applicant requests correction of his records to show his eligibility for an OAB in the amount of $6,000.00 and an SLRP incentive in the amount of $13,500.00. 2. The evidence of record shows the applicant, while serving as a commissioned officer, was erroneously paid an OAB in the amount of $6,000.00 and $13,500.00 in SLRP funds for Fiscal Years 2004 to 2008. 3. At the time of his commissioning, he was eligible for an OAB in the amount of $6,000.00. His records are void of and he failed to provide an OAB addendum. However, records show a bonus control number was requested and he fulfilled the obligations required for initial and continued eligibility of his OAB. 4. The CAARNG ITF states certifying documents signed by his unit and Citibank show he had two loans totaling $37,746.13 at the time. He was paid $13,500.00 in SLRP funds, $4,500.00 over program limits for Fiscal Years 2004 to 2008. He was never eligible for the SLRP incentive since he had not served 3 consecutive years in the ARNG in an active enlisted status. 5. Contracting for an SLRP as a commissioned officer is prohibited. To grant this portion of his request would be contrary to law. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150004114 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150004114 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2