IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009109 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ____X__ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009109 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: a. showing, on 15 October 2006, an authorized Student Loan Repayment Program Addendum was properly signed by all required officials/individuals, and authorizing the Student Loan Repayment Program incentive in accordance with the terms of the program; b. showing an exception to policy was approved authorizing the applicant to retain the Student Loan Payment Program incentive. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the effective date of Orders 428-024, dated 21 April 2006, to read 3 September 2006. ____________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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009109 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 record to show: a. an exception to policy (ETP) was authorized allowing him to retain the Student Loan Repayment Program (SLRP) incentive; b. his SLRP incentive addendum was dated 5 October 2006; and c. the effective date of his transfer to the 126th Engineer Company, Orofino, ID, as 3 September 2006. 2. He states, in effect, that the date on his SLRP incentive addendum is a typographical error but he did qualify in contracted military occupational specialty (MOS) 21J (general construction equipment operator) within 24 months of transferring to his new unit in accordance with the terms of the agreement. 3. He provides: * orders * three memoranda * Army National Guard (ARNG) bonus and SLRP addendums * memorandum, subject: Request for an ETP for SLRP [in the Case of Applicant] * Army Training Requirements and Resources System (ATRRS) printout CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the IDARNG. Having prior enlisted service in the Regular Army, he enlisted in the IDARNG on 23 August 2002. After completing training he was awarded MOS 12B (combat engineer). 2. Orders 428-024, issued by the Military Division, State of Idaho, dated 21 April 2006, transferred him to Detachment 1, 126th Engineer Company, Orofino, ID, effective 21 April 2006. 3. On 15 October 2006, he reenlisted in the IDARNG for a period of 6 years, accepting a Reenlistment/Extension Bonus and the SLRP. His unit of assignment is listed as Detachment 1, 126th Engineer Company. 4. The SLRP addendum was signed by the applicant and the enlisting official. Both signatures have typed entries for the date with the applicant’s signature recorded on 15 October 2009 and the enlisting official’s signature recorded on 15 October 2006. 5. This form shows the applicant acknowledged that: * he was immediately reenlisting/extending in a valid position vacancy within the 126th Engineer Company * he held primary MOS (PMOS) 21B (combat engineer) which was a critical skill authorized for the SLRP * his SLRP eligibility would be terminated if he failed to become MOS qualified within 24 months after unit inactivation, reorganization, or relocation 6. Orders issued by the IDARNG, Headquarters, 145th Brigade Support Battalion, subsequently awarded him the following PMOS’s: * 21E (heavy construction operator), effective 30 June 2007 * 21J, effective 31 May 2008 7. An military analyst at the NGB confirmed that the Guard Incentive Management System (GIMS) shows the applicant’s contracted PMOS as 21J. This change reflects the critical skills authorized after the unit completed its reorganization. 8. He provides several documents in support of his request, including the following: a. A memorandum, dated 5 March 2015, from the former commander, 126th Engineer Company. This official stated – (1) During the period in question the unit’s primary mission was to complete a full transition from a combat engineer unit to an air deployable horizontal construction company. Because the transition began shortly after redeployment from Iraq, their new authorization and training plan was not approved in time to budget funds for significant MOS qualification (MOSQ) training that was required to transition all personnel to the new 21E and 21J MOSs. As a company they began to assign slots to personnel and freeze promotion and training until 2007 in order to get personnel assigned school dates as soon as they were available. The applicant was slotted/assigned as a 21J in April 2006. (2) The unit qualified nearly all of its Soldiers that summer as 21E’s, based on discussions from the Department of the Army regarding MOS changes, specifically that the MOS 21J would be converted to a new enhanced MOS of 21E. The applicant was one of those Soldiers. Unfortunately, the 2007 Fiscal Year budget did not support sending Soldiers to other MOS training such as 21J. (3) As some of the MOS haze began to clear in 2008, it was determined that the company had 22 Soldiers assigned to 21J positions, and to satisfy their readiness requirements it was essential to get them school trained as soon as possible. School slots were limited, and Soldiers were ordered to training as slots became available. The applicant attended school in May 2008 and was subsequently awarded PMOS 21J. (4) It is important to understand that the unit’s and, indeed, brigade’s primary and sole mission was to stand up the new company as quickly as possible. The unit’s Soldiers, leadership, and the 116th Cavalry Brigade Combat Team’s whole focus was getting personnel trained and equipment assigned in as timely and efficient a manner as possible during a fairly turbulent time both in terms of fiscal and logistical constraints. The applicant is an outstanding Soldier and he had no control over mission planning, school scheduling, or personnel assignments. The applicant attended MOS training as early as he possibly could in May of 2008. b. A memorandum, dated 30 March 2015, from a Readiness Noncommissioned Officer, which states the 116th BCT reorganized on 21 April 2006 and the applicant became MOSQ as a 21J on 31 May 2008, within the 24 month requirement to do so. c. A self-authored statement, dated 3 May 2015, wherein the applicant contends that throughout his enlistment in the IDARNG he acted in good faith. He signed a contract in October 2006 believing that he had 24 months to become MOSQ. He was not told that he was already assigned as a 21J, nor was he told there was a 21 April 2008 deadline for attending school. He attributes the wrong date on the incentive addendum to his recruiter making a typographical error. d. A memorandum, dated 29 December 2014, from the Deputy G1, ARNG, denying the applicant’s request for ETP to retain the SLRP, and notifying the State Incentive Manager to terminate the incentive with recoupment effective the contract start date. The Deputy G-1 listed the following reasons for denying the ETP - * the incentive addendum had different signature dates for the applicant and the enlisting official * although the applicant extended for SLRP while non-DMOSQ in MOS 21J due to unit reorganization having an effective date of 21 April 2006, he did not become MOSQ within 24 months of the date of transition REFERENCES: NGB Policy Memorandum Number 07-01, dated 10 August 2007, subject: SRIP Guidance for Fiscal Year 2007, with updates, provides for various enlisted and officer bonus incentives. DISCUSSION: 1. The applicant requests an ETP to retain his SLRP. 2. The GIMS shows that on 15 October 2006, he reenlisted/extended for a period of six years and for the critical PMOS of 21J. He became DMOSQ as 21J on 31 May 2008, which was within 24 months of his reenlistment date. 3. As stated in the NGB advisory opinion, his SLRP was terminated based on the effective date the unit’s reorganization, 21 April 2006, which was prior to the start of his contract. Notwithstanding the NGB advisory opinion, it is unreasonable to expect the applicant’s 24 month requirement to begin prior to the effective date of his contract. Under these circumstances, the applicant fully met the terms of his SLRP contract; therefore, he should be allowed to retain his SLRP. Accordingly, there would be no need to amend the date of his assignment to the unit as shown on Orders 428-024, issued by the Military Division, State of Idaho, dated 21 April 2006. 3. In regards to the incorrect dates, his SLRP incentive addendum shows the applicant and the enlisting official both signed the document on the same day and month; however, the “year” differs. The year is typed on the document as opposed to being hand written and is obviously a typographical error and, therefore, not a reason to terminate his SLRP. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009109 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009109 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2