IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150011109 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 an exception to policy (ETP) to be allowed to retain his Student Loan Repayment Program (SLRP) incentive. He further requests relief of his debt to the Kansas Army National Guard (KSARNG) for previous SLRP payments. 2. The applicant states: a. On 3 July 2008, he enlisted with the KSARNG. As a part of that enlistment he contracted for the Prior Service Enlistment Bonus in the amount $15,000 and the SLRP in the amount $20,000. When enlisted in with KSARNG he was not duty qualified for the position he enlisted for. His recruiter failed to research the requirements for the program. He was told that he was qualified to enlist for the SLRP incentive. b. He received 4 years of payments on his student loans from the KSARNG during his enlistment. In July 2013, he received notification that there was an issue with his payments. According to the information he received, he was required to be qualified for the position that he enlisted for in order to qualify for the SLRP incentive. c. He requested an ETP through his command to retain his SLRP incentive based on the service he had given the KSARNG. National Guard Bureau denied his ETP request and directed recoupment of all money paid toward his student loans in the amount of $12,000. He requests that the Board forgive his debt and correct his records to show that he does not owe the KSARNG any money. d. His recruiter provided him with the documentation to sign for the SLRP incentive. It was the recruiter’s job to be educated on the incentives they are offering to entice applicants to join the ARNG. His recruiter told him that he was eligible for the SLRP program and he was considered to be the subject matter expert. He signed the contract that was provided to him accepting the SLRP incentive. He received four years of payments toward his student loan and if he was not eligible for the program, his recruiter should not have offered it. 3. The applicant provides: * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) * memorandum, subject: Request for ETP for SLRP [Applicant], issued by the National Guard Bureau (NGB), dated 16 March 2015 * 4 DD Forms 2475 (Department of Defense Educational Loan Repayment Program Annual Application) * NGB Form 600-7-5-R-E (SLRP Addendum) CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the United States Marine Corps (USMC), the applicant enlisted in the KSARNG on 3 July 2008 for period of 6 years. He enlisted to attend school for military occupational specialty (MOS) 31B (Military Police (MP)) with assignment with the 35th MP Company, Topeka, KS. He further acknowledged that he was accepting the assignment even though the distance from his home to the Troop Program Unit was greater than the normal commuting distance and he was responsible for attending all scheduled meetings with his unit. 2. His records contain: a. Annex A (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) to DD Form 4, dated 3 July 2008, wherein, in part, he acknowledged that he had prior service; was enlisting in the ARNG unit 35th MP Company, Topeka, KS, unit identification code (UIC) WV6DAA; he would undergo training in MOS 31B; and, in part, he was enlisting for the SLRP and a PSEB. He further acknowledged that he was accepting the assignment even though the distance from his home to the Troop Program Unit was greater than the normal commuting distance. b. PSEB Addendum, dated 9 April 2013, wherein, in part, it shows he acknowledged and understood that he was not qualified in the primary MOS for which he was enlisting but had enlisted into a Modified Table of Organization or Equipment (MTOE) unit in critical skill 31B and agreed to attend formal training and become qualified in his contracted MOS within 24 months of his date of enlistment. c. SLRP Addendum, dated 9 April 2013, wherein, in part, it shows he acknowledged and understood that: * he held the primary MOS for the position for which he was reenlisting/extending * he was reenlisting/extending in 35th MP Company, UIC: WV6DAA, which was a critical UIC authorized for SLRP * he had 1 student loan existing in the amount of $20,000 and the total amount of repayment for qualifying loans would not exceed $20,000 3. Orders 339-733, issued by Land Component, Joint Force Headquarters Kansas, Topeka, KS, dated 4 December 2008, show, five months after signing his contract, the applicant was released from the 35th MP Company and transferred to the 137th Transportation Company due to his request. 4. Orders 099-714, issued by Land Component, Joint Force Headquarters, Kansas, Topeka, KS, dated 9 April 2009, show he was awarded MOS 88M (Motor Transport Operator). 5. In a memorandum to the NGB, issued by Land Component, Joint Forces Headquarters Kansas, Topeka, KS, dated 23 October 2013, a staff officer requested the applicant be granted an ETP to retain his SLRP incentive. He stated: a. The applicant enlisted with the KSARNG on 3 July 2008. As a part of that agreement he contracted for SLRP for Critical UIC. He had prior service in the USMC. He was awarded MOS 11C after enlisting in the KSARNG. b. On 2 December 2008, he voluntarily transferred to an 88M position because of the commuting distance to his unit of assignment. He completed 88M training on 13 February 2009. After becoming MOS qualified in his new MOS he transferred several times but he remained slotted in an 88M position. 6. In a memorandum to the KSARNG, dated 21 July 2014, the NGB denied the ETP for the applicant to retain the $20,000 SLRP and stated the State Incentive Manager would terminate the incentive with recoupment effective the contract start date. The NGB official stated, in part: a. The applicant was not duty MOS qualified at the time of reenlistment for the contracted incentive which violated ARNG Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year 2007 (Policy Number 07-06) effective 10 August 2007. b. The applicant was not serving in the MOS for which contracted which violated ARNG SRIP 07-06. 7. Department of Defense Instruction 1205.21 prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, 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. 8. Army Regulation 135-7 (Incentive Programs), 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 military occupational specialties and units, which is updated every 6 months. 9. To be eligible for the SLRP incentive, a person must contractually obligate himself/herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government. Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive. DISCUSSION AND CONCLUSIONS: 1. The applicant request an ETP to show he is entitled to the SLRP incentive in the amount of $20,000. He further requests relief of his debt to the KSARNG for previous SLRP payments because he trusted and relied on a recruiter to make sure his contract was in compliance in order to receive the incentive. 2. The evidence confirms the applicant enlisted in the KSARNG on 3 July 2008 for a period of 6 years. His enlistment contract specified he was enlisting for 31B training. However, on the same date the KSARNG service representative executed a prior-service SLRP Addendum stating that the applicant was enlisting for the SLRP in the amount of $20,000 and that he held the MOS for the positon he enlisted. The applicant and the service representative both signed the SLRP Addendum. 3. It is evident an error was committed on the part of KSARNG recruiting official when he enlisted the applicant for the SLRP as MOSQ for 31B. The applicant was subsequently trained in and awarded MOS 88M. However, the applicant himself signed the addendum also verifying he was MOSQ as a 31B when he was not. In addition, he never held MOS 31B and he voluntarily requested to transfer from the critical UIC for which he enlisted. 4. The applicant contends he relied on the advice of recruiting officials; however, he did not comply with the provisions of his contract. He was not and did not become qualified in MOS 31B and he requested release from the critical UIC for which he enlisted. He failed to meet the requirements he agreed to at the time of his enlistment. There is neither an error nor an injustice in his case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20150011109 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150011109 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1