IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150009213 BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150009213 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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. voiding any National Guard Bureau and Alabama Army National Guard memoranda pertaining to the denial of the applicant's request(s) for Student Loan Repayment Program; b. issuing appropriate notification authorizing payment of the Student Loan Repayment Program incentive in accordance with the terms of the program; and c. notifying the Defense Finance and Accounting Service of the applicant's entitlement to the $50,000 Student Loan Repayment Program in accordance with terms of her 6-year, 15 January 2010 DD Form 4 and NGB Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment Program Addendum Army National Guard of the United States), including the repayment of any funds that may have been recouped. ____________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: 19 May 2016 DOCKET NUMBER: AR20150009213 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 her records to show entitlement to the $50,000 Student Loan Repayment Program (SLRP) incentive that she contracted for upon enlistment in the Army National Guard (ARNG). 2. The applicant states that she enlisted in January 2010 as a split-option for military occupational specialty (MOS) 42A (Human Resources Specialist) and the $50,000 SLRP. She completed basic combat training and learned that Officer Candidate School (OCS) Candidates were eligible for the $50,000 SLRP. a. The applicant's recruiter contacted the Alabama ARNG (ALARNG) State Incentive Manager (IM) to ensure the applicant would remain eligible for the SLRP if she did not attend advanced individual training for MOS 42A and instead became an OCS Candidate (MOS 09S). The State IM confirmed that she would remain eligible for the SLRP. b. Based on the guidance received, the applicant did not attend training for MOS 42A. She attended OCS and received her commission as a second lieutenant (2LT). Shortly thereafter, she was contacted by a Soldier from the Alabama Education Services Office (ESO) and was instructed to submit the application to begin her annual SLRP payments. c. She continued to follow the annual SLRP application procedure until she was informed that she was not eligible for the SLRP because she had switched from MOS 42A to MOS 09S and was appointed as a commissioned officer. She was also informed that she is required to repay the SLRP payments that she received. She then received notification from the National Guard Bureau (NGB) that her request for exception to policy (ETP) to retain the SLRP was denied. d. She states that it is unfair that her SRLP has been denied and it is also a financial burden for her to have to repay the SLRP payments. She is an officer in good standing in the ARNG and she plans to continue her career. She adds that if she does not deserve the $50,000 SLRP, then she requests consideration for the $20,000 SLRP as outlined in the email from an official of the ALARNG ESO. 3. The applicant provides copies of a: * self-authored statement, dated 4 June 2014 (summarized above) * three DD Forms 2475 (DOD [Department of Defense] Educational Loan Repayment Program (LRP) Annual Applications) * ESO email messages * Army Regulation (AR) 135-7 (Incentive Programs), a 1-page extract * ALARNG SLRP ETP memorandum, dated 5 March 2015 CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 20 November 1999 for a period of 8 years. Section B (Agreements), Remarks, is blank (no entries). Attached documents show she enlisted for, in pertinent part, MOS 91A (Medical Equipment Specialist) with a $5,000 enlistment bonus and the SLRP with a maximum amount of $20,000. (A DA Form 5261-4-R (SLRP Addendum) documents her SLRP option.) 2. State Military Department, Joint Force Headquarters, Alabama National Guard, Montgomery, AL, memorandum, dated 11 January 2010, shows the Deputy Chief of Staff for Personnel granted a waiver for previous discharge for failure to report to initial active duty for training (IADT), provided the applicant was otherwise qualified. 3. A DD Form 4 shows the applicant enlisted in the ARNG of the United States (ARNGUS) on 15 January 2010 for a period of 8 years and in the ALARNG for a period of 6 years. Section B (Agreements), Remarks, is blank (no entries). a. A Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment), dated 15 January 2010, shows the applicant enlisted for, in pertinent part, training in MOS 42A and the SLRP. b. NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum ARNGUS), in pertinent part, shows in: * the Header section: Bonus Control Number (BCN): S10010001AL * Section II (Eligibility), the applicant indicated she had 3 disbursed loans existing in the amount of $54,500 and acknowledged that the total amount of repayment for qualifying loans will not exceed $50,000 * Section III (Entitlement and Payments), the Government will repay the portion of SLRP ($50,000) that may be repaid annually on any qualifying loans not to exceed 15 percent (not to exceed $7,500 per year) of the total of all loan principal or $500, whichever is greater. Payments will be processed on the anniversary date of her enlistment for each satisfactory year of service. * Section VI (Statement of Understanding), I understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP/ROTC [Simultaneous Membership Program/Reserve Officer Training Corps] Cadet. It will also continue upon acceptance of either a commission or appointment as an officer or warrant officer in the ARNG. The timeline of the original contract will remain in effect. I also understand that my continued participation in this program will cause me to be ineligible for any Officer/Warrant Officer Accession Bonus. * Section VII (Authentication) and Section VIII (Certification by Service Representative) show the applicant and service representative signed the document of 15 January 2015 4. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the ALARNG on 15 January 2010 and was honorably discharged on 22 August 2012 for appointment as a commissioned officer. She completed 2 years, 7 months, and 8 days of net service this period. It also shows in item 12 (Military Education) that she completed OCS in August 2012. 5. NGB Special Orders Number 24 AR, dated 25 January 2013, announced the extension of Federal recognition in the ARNG of the applicant's appointment as a commissioned officer in the rank of 2LT, effective 23 August 2012. 6. In support of her application the applicant provides the following documents. a. Three DD Forms 2475 (dated 22 June 2011, 16 January 2012, and 6 February 2013) that show the applicant applied for annual SLRP payments; she submitted the applications through the ALARNG State IM; and the certifying officer verified (with her signature) the information on the documents. b. Email messages between the applicant and the ALARNG IM, during the period 25 November 2014 and 4 December 2014. The State IM requested documentation pertaining to the applicant's 20 November 1999 USAR enlistment for MOS 91A and her ALARNG enlistment for MOS 42A. It also shows the documentation would be provided to the NGB for a review of the terms and conditions surrounding her eligibility for the SLRP. He also advised her that AR 135-7, paragraph 5-1.10 (Longevity of DA Form 5261-4-R), subparagraph c, may provide for continued payment under the previous USAR SLRP for $20,000. c. State Military Department, Joint Force Headquarters, Alabama National Guard, Montgomery, AL, memorandum, dated 5 March 2015, that shows the State IM notified the applicant that her request for ETP for SLRP was denied by the NGB. It also shows he informed her of the option to apply to the Army Board for Correction of Military Records and also about the debt collection process. 7. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB, Arlington, VA. a. The advisory official recommends full administrative relief, specifically for the applicant to retain the $50,000 SLRP. He also recommends the government terminate any recoupment action and continue to pay the annual payments based on the original enlistment contract of 6 years. (The ALARNG did not provide comments; however, the NGB Incentives Branch concurred with the advisory official's recommendation.) b. The NGB advisory official summarized the applicant's enlistment contract, events surrounding her decision to attend OCS in lieu of training in MOS 42A, and appointment as a commissioned officer. He also cited pertinent portions of the applicant's SLRP Addendum. 8. On 7 April 2016, the applicant was provided a copy of the advisory opinion to allow her the opportunity to submit comments or a rebuttal. However, the applicant did not provide a response. REFERENCES: AR 135-7, in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. * Each complete satisfactory year of service performed under the SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. * The 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. DISCUSSION: 1. Records show the applicant enlisted in the USAR on 20 November 1999 for a period of 8 years in MOS 91A and her enlistment agreement included the SLRP. The evidence of record also shows she was discharged from the USAR on an unspecified date for failure to report to IADT. 2. Records show the applicant was granted a waiver for her previous discharge from the USAR. She enlisted in the ALARNG on 15 January 2010 for a period of 6 years in MOS 42A and her enlistment agreement included the SLRP. She indicated that she had existing student loans in the amount of $54,500. 3. The evidence of record shows the applicant was informed that she could attend OCS in lieu of MOS 42A training and, upon successful completion and appointment as a commissioned officer in the ARNG, she would remain eligible for the SLRP. Records show the applicant's SLRP Addendum confirms that she would remain eligible for the SLRP. a. The applicant successfully completed OCS and she was appointed as a Reserve commissioned officer on 23 August 2012. b. For reasons that are not clear, the applicant was informed that she was no longer eligible for the SLRP, her request for ETP for SLRP was disapproved, and recoupment action was initiated. 4. The Deputy Chief, Personnel Policy Division, NGB, conducted a review of the circumstances surrounding the applicant's SLRP and recommends full administrative relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009213 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009213 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2