BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150014379 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 BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150014379 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: February 16, 2017 DOCKET NUMBER: AR20150014379 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, in effect, an exception to policy (ETP) to retain eligibility to receive a Student Loan Repayment Program (SLRP) bonus in the amount of $20,000 after enlisting in the Ohio Army National Guard (OHARNG). 2. The applicant states, in effect, he was eligible for the SLRP, and he made sure it was in his contract when he enlisted in the OHARNG. Now, the OHARNG refuses to pay the bonus. He essentially feels misled by his recruiter because the comments box in his contract contained a statement acknowledging he was eligible for the SLRP program [referring to Section VI - Remarks, DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.), dated 4 February 2009]. He was told the rest would be taken care of after returning from basic combat training. Apparently a separate form [SLRP addendum] was required, but he had no way of knowing this. 3. The applicant provides: * extract from DD Form 1966, dated 4 February 2009 * memorandum, dated 15 June 2015, subject: Request for ETP for SLRP [applicant] * Congressional correspondence, with a memorandum, dated 17 June 2015, subject: Congressional Inquiry #15-041, Representative RM, re: [applicant], OHARNG CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the OHARNG on 4 February 2009 for a term of 8 years, with 6 years in the Selected Reserve (OHARNG), and 2 years in the Individual Ready Reserve. 2. His official military personnel file (OMPF) is void of a National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4), which is used to confirm an SLRP incentive has been contracted. The OMPF does contain: a. Enlistment/Reenlistment Agreement - ARNG Service Requirements and Methods of Fulfillment, dated 4 February 2009, wherein he acknowledged he had been counseled as to his Reserve obligation and responsibilities. (1) He affirmed: * he would serve 6 years as an assigned member of a troop program unit (TPU) in the Selected Reserve and 2 years in the Individual Ready Reserve * unless removed from active Selected Reserve status sooner by proper authority, he was required to satisfactorily participate * he was required to attend all scheduled unit training assemblies (at least 48 per year) unless excused by proper authority * he understood accruing 9 or more unexcused absences during any continuous 365-day period was considered unsatisfactory participation (2) Section VII (Addendums) listed all addendums that were part of his enlistment agreement. The list did not include an SLRP addendum. b. DD Form 1966, dated 4 February 2009, with Section VI containing the following statement: "I understand that I am eligible for the SLRP. I accept the SLRP." 3. On 17 January 2014, his commander initiated separation action under the provisions of Army Regulation (AR) 135-178 (ARNG and Army Reserve - Enlisted Administrative Separations), chapter 13 (Unsatisfactory Participation in the Ready Reserve). a. The commander's stated basis was because the applicant had accrued 9 unexcused absences (absent without leave (AWOL)) within a 1-year period, and stated the applicant had been contacted prior to each IDT (inactive duty training) period, and confirmed he was aware of the dates. The applicant further stated he would not report to any IDT until he "AWOLS out." b. Notice was provided via certified mail, return receipt requested. The applicant did not respond. 4. On 6 February 2014, the separation approval authority approved the recommendation for discharge. 5. The applicant was discharged from the OHARNG under honorable conditions (general) on 20 March 2014. His NGB Form 22 (National Guard Report of Separation and Record of Service) shows he completed 5 years, 1 month, and 17 days of net service. The authority and reason for separation was paragraph 6-35j (Separation/Discharge from State ARNG and/or Reserve of the Army - unsatisfactory participation), National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), unsatisfactory participant. 6. The applicant provides: a. Email sent to Congressional representative, undated, that states, in effect: * he has attempted to resolve this, without success, through his chain of command; at the time of the email, he was a former ARNG Soldier who deployed from 2011 to 2012 in support of Operation Enduring Freedom * he was writing to get what his recruiter promised – SLRP * he acknowledged he was not a perfect Soldier; he enlisted in the ARNG at age 25, and at the time, was single and had no children * two years into his contract, all that changed; he got married, had a child, and not long after his wife was pregnant again; there were rumors his unit would be deploying again * just weeks before his child was due, he was deployed; while deployed he served as a lead gun truck driver (sometimes a lead gun truck gunner) on over 100 convoys * deployment was long and difficult, and back home his wife was a full-time working mother with two infants * he redeployed, and states he does not have post-traumatic stress disorder, he did not lose a limb, and was not in a firefight; nonetheless, the experience changed his life * he developed a new mindset and decided to finish engineering school; the ARNG became less of a priority and more of a nuisance * after commuting from home to his unit [about 90-minute drive], and making only $135 for two days, not to mention needing to take time off from work, it did not seem worth the hassle * he decided to leave the ARNG b. Memorandum, dated 15 June 2015, subject: Request for ETP for SLRP [applicant], prepared by the NGB, essentially stated, the ETP to retain $20,000 SLRP was disapproved. This was because Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) requires Soldiers who are entering into an agreement for an incentive with the government to sign a contract; the applicant did not sign an SLRP contract at the time of enlistment. Recoupment was not necessary as payments were never processed to disburse this incentive. c. Memorandum, dated 17 June 2015, subject: Congressional Inquiry #15-041, Representative RM, RE: [applicant], prepared by the OHARNG, stated, in effect, with regard to the applicant's Congressional inquiry pertaining to his participation in the SLRP, an ETP was submitted to the NGB requesting approval of SLRP for the applicant up to the point when he was no longer considered a member in good standing due to being AWOL. The request was denied because the applicant did not sign a contract for SLRP. When he enlisted in the OHARNG on 4 February 2009, he contracted to receive a Non-Prior Service Enlistment Bonus and the Montgomery GI Bill Kicker. No SLRP addendum was included with his enlistment packet, nor was a control number requested. There was, however, a statement in Section VI of his DD Form 1966 that essentially acknowledged eligibility for and acceptance of the SLRP. REFERENCES: 1. ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 2008, and 2009, 10 August 2007 - 30 September 2009 (Policy Number 07-06) with Updates outlined the NGB policy for bonuses to include the SLRP. It stated, in pertinent part, the entitlement to an incentive was to be terminated for reasons that included unsatisfactory participation. If entitlement was terminated, the member would no longer eligible to receive future incentive payments, except when based on service performed before the termination date. 2. DODI 1205.21 states, in pertinent part, as a condition of the receipt of an incentive, each recipient shall be required to sign a written agreement that indicates the member was advised of, and understands, the conditions under which continued entitlement to unpaid incentive amounts shall be terminated, and which advanced payments may be recouped. That agreement will also clearly specify the terms of the Reserve service commitment that authorizes the incentive payment. 3. AR 135-178, in effect at the time, chapter 13 states: a. Reserve Component Soldiers are subject to discharge for unsatisfactory participation when it is determined: * he/she is unqualified for further military service due to unsatisfactory participation, and attempts to have the Soldier respond have resulted in the Soldier's refusal to comply with orders; or * notice sent via certified mail was refused, unclaimed, or otherwise undeliverable; or * there is verification the Soldier has failed to notify the command of a change of address, and reasonable attempts to contact the Soldier have failed b. Character of service will normally be under other than honorable conditions, but can be general under honorable conditions when warranted. 4. NGR 600-200, chapter 6 (Enlisted Separations), paragraph 6-35j, refers the reader to AR 135-178, chapter 13 for unsatisfactory participation. Soldiers must be notified by registered or certified mail. DISCUSSION: 1. The applicant requests an ETP so that he can retain eligibility and receive the SLRP incentive. The evidence of record confirms, however, that while apparently eligible, the applicant never signed an SLRP addendum. Only his DD Form 1966 mentions the SLRP. His ARNG Enlistment/Reenlistment Agreement does not list an SLRP addendum as part of his enlistment agreement. 2. He failed to complete the requirements of his enlistment contract by having nine unexcused absences from IDT, and he was ultimately discharged under honorable conditions (general) due to unsatisfactory participation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014379 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014379 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2