BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004472 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 to maintain her eligibility for the Student Loan Repayment Program (SLRP). 2. The applicant states she enlisted in the Pennsylvania Army National Guard (PAARNG) in 2007 for military occupational specialty (MOS) 35F (Intelligence Analyst). On the first day of advanced individual training she was pulled from the class because she did not have a top secret clearance. She was told she would have to choose another MOS, so she chose MOS 68S (Preventive Medicine Specialist). She was told MOS 68S had the same benefits of MOS 35F and that her non-prior service enlistment bonus (NPSEB) and eligibility for the SLRP would not be in jeopardy. As a newly enlisted Soldier, she had no clue of the policies and procedures of the Army and she trusted her leadership to provide her with proper guidance and direction. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. At the time of application, the applicant was serving as a noncommissioned officer, pay grade E-5 in the PAARNG. 2. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 26 September 2007, shows the applicant enlisted in the PAARNG in pay grade of E-4. Annex A (Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment), Section III - Explanation to Applicant, shows the applicant understood she was required to undergo training in MOS 35F. The annex was signed by the applicant and recruiting/retention noncommissioned officer on 26 September 2007. 3. The applicant completed a National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum Army National Guard of the United States) wherein she requested for the SLRP on 26 September 2007. The form indicates that she enlisted in the 556th Military Intelligence Company (WP21AA) which was authorized for the SLRP. On this form, she indicated she had six student loans existing in the amount of $20,000. The form contains an SLRP control number. The enlisting official signed the form on 26 September 2007. 4. Orders 121-243, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sam Houston, TX, dated 1 May 2009, announced the applicant's successful completion of MOS training and award of MOS 68S effective 18 May 2009. 5. During the processing of this case, on 1 July 2015, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB. The advisory official recommended approval of the applicant's request and stated: a. On 26 September 2007, the applicant signed Annex L to DD Form 4, contracting for MOS 35F. b. From 31 October 2007 to 7 January 2008 the applicant was treated for a closed fracture of her right femur. The injury was found in the line of duty; however, the action had no effect on the final determination of the applicant's clearance request which was required for MOS 35F. She was later reclassified to 68S, effective 18 May 2009. c. From 2 November 2007 to 11 January 2008 a Single Scope Background Investigation (SSBI) was conducted and determined the applicant's eligibility was denied on 25 August 2009. d. On 1 June 2009 the applicant was paid a one-time $20,000 NPSEB. e. On 29 May 2014, the PAARNG submitted a request for an exception to policy (ETP) to the NGB to transfer the applicant from the NPSEB contracted critical unit identification code (CUIC) WP21AA into a non-CUIC WPGZC0 due to an MOS change during the applicant’s initial active duty training. This NPSEB ETP request was never actioned nor recoupment initiated. f. On 26 February 2015 the applicant’s (ETP) request for payment of the second incentive, the SLRP, was denied under policy number 07-06, effective 10 August 2007. g. Eligibility requirements were the same for both the NPSEB and the SLRP. The NPSEB was honored and paid in full by the incentives branch; therefore, the SLRP should also remain intact and be paid to servicing school loans. h. Department of Defense Instruction 12025.21,6.6.2, requires a Soldier to enter into a written agreement to receive an incentive and payment. The specific paragraph reads: "As a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating that 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." The initial Annex L outlined original entitlement MOS, it was never readdressed after the applicant, due to no fault of her own, had to choose another MOS. Furthermore, the length of time this error was discovered has been over three years. i. The Office of the Under Secretary of Defense published a memorandum, dated 21 May 2008, Subject: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends. This memorandum states, "A member who enters into a written agreement with specified conditions for receipt of a pay or benefit, is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. The Deputy Secretary of Defense policy memorandum recognized that, at the time, members were subject to statutory repayment for any unearned portion of a pay or benefit, as appropriate." j. Both the NGB Incentives Branch and the PAARNG concurred with the recommendation of approval. 6. On 2 July 2015, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. No response was received. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to show she was eligible for the SLRP due to enlistment in the PAARNG has been carefully examined. 2. The available evidence shows that on 26 September 2007, the applicant enlisted in the PAARNG with the understanding that she would have to complete training in MOS 35F. She was offered and contracted for an NPSEB of $20,000 and participation in the SLRP. The evidence shows she received a one-time payment of $20,000 on 1 June 2009. 3. On 18 May 2009, the applicant was successfully reclassified into MOS 68S. On 25 August 2009, an SSBI ultimately determined the applicant was ineligible for a top secret clearance. 4. In 2015, after about 7 years of service in the PAARNG, she was informed that she was not entitled to the SLRP. There is insufficient evidence to show that the applicant did anything wrong. It appears she relied on the experience and knowledge of her enlisting official and other personnel in positions of responsibility who should have known the requirements and processes. 5. In view of the above, and as a matter of equity, it would be appropriate to correct the applicant's records to show she is authorized the SLRP. 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 was approved authorizing payment of her student loans under the SLRP. _______ _ _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) AR20150004472 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004472 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1