BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150015206 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 BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150015206 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 records of the individual concerned be corrected by showing an exception to policy was approved authorizing the applicant to remain eligible for the Student Loan Repayment Program, paying on his behalf any retroactive payments due as a result of this correction, and returning to his any monies recouped as a result of payments made under this program. _____________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: 28 February 2017 DOCKET NUMBER: AR20150015206 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) allowing for payment of his education loans under the Student Loan Repayment Plan (SLRP). 2. The applicant states he enlisted in the Army National Guard in May 2010 with an option of loan repayment under the SLRP. Policy provides that SLRP payments may be continued after beginning employment as a military technician (MilTech). 3. The applicant provides a four page self-authored history of his SLRP with 14 attachments: * 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)) * 2010 DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) * 11 February 2011 Mississippi Army National Guard (MSARNG) loan payment memorandum to the applicant * 11 February 2011 MSARNG memorandum to the applicant's unit * 11 February 2011 MSARNG letter to Sallie Mae * 26 April 2012 National Guard Bureau (NGB) memorandum granting an ETP authorizing the applicant to retain the SLRP offered at the time of his extension on 20 May 2010 * 30 June 2012 MSARNG memorandum to Sallie Mae * 2012 DD Form 2475 * 14 March 2013 e-mail * 12 June 2013 MSARNG ETP memorandum * 14 June 2013 Termination of SLRP Payments memorandum * 20 June 2013 MSARNG Incentive Eligibility Termination memorandum * 16 October 2013 NGB ETP denial * 19 September 2014 MSARNG recoupment memorandum * Army Board for Correction of Military Records (ABCMR) Record of Proceedings pertaining to another Soldier CONSIDERATION OF EVIDENCE: 1. With prior service, the applicant enlisted in the Mississippi Army National Guard on 28 September 2008. 2. On 20 May 2010, he extended his enlistment with the MSARNG and initiated an NGB Form 600-7-5-R-E for enrollment in the SLRP for a maximum of $50,000.00. He was shown to have a qualifying loan. The addendum he signed shows he acknowledged he was not extending to qualify for a MilTech position where membership in a Reserve component was a condition of employment. The addendum does not address any policies related to termination of the SLRP upon acceptance of a MilTech position in the future. 3. On 29 June 2010, he was commissioned as a second lieutenant (Engineer) in the MSARNG. 4. He states he accepted a MilTech position on 13 March 2011, and, on 20 May 2011, the first payment of $3,625.05 was made under his SLRP contract. 5. The applicant deployed to Kyrgyzstan/Afghanistan from 19 November 2011 through 20 September 2012. During this deployment it was discovered there were errors in his SLRP documentation and an ETP was requested. 6. A 26 April 2012 National Guard Bureau (NGB) memorandum to the MSARNG State Incentive Manager shows the NGB approved an ETP authorizing him to retain the $50,000 SLRP offered at the time of the his extension on 20 May 2010. 7. On 23 June 2012, the applicant submitted a second DD Form 2475 for his annual SLRP application. The Statement of Understanding associated with the application notes eligibility includes all active duty Soldiers and all Soldiers in an Active Guard Reserve (AGR) position. It does not indicate that holding a MilTech position was grounds for termination. 9. The applicant was released from active duty on 20 September 2012 with assignment to Headquarters and Headquarters Company, 223rd Engineer Battalion, West Point, MS. 10. MSARNG Orders 050-835, dated 19 February 2013, reassigned the applicant from duty as the Assistant S2, Headquarters and Headquarters Company, 223rd Battalion to the Personnel Office, MSARNG Training Center. 11. On 12 June 2013, the MSARNG notified the applicant that a discrepancy had been discovered in his SLRP contract. The reason for the discrepancy was his acceptance of a MilTech position on 10 February 2013. The applicant was advised that he was eligible to submit an ETP request. 12. On 14 June 2013, he submitted the ETP request stating that nowhere in his SLRP contract does it state that acceptance of a MilTech position would be grounds for termination of the SLRP contract. 13. On 20 June 2013 the MSARNG advised him that his SLRP eligibility had been terminated, effective 10 February 2013, due to a violation of his SLRP contract by accepting a MilTech position. No recoupment amount was noted. 14. On 16 October 2013 the NGB denied the applicant's request for an ETP to retain the SLRP. It directed the State Incentives Manager to terminate the incentive effective the day prior entering the applicant entering AGR/MilTech status and directed that any amounts paid for service performed after the termination date were to be recouped. 15. On 19 September 2014 the MSARNG notified the applicant of his SLRP eligibility termination and that the recoupment amount of $3,625.05 would be referred for debt collection action. 16. The applicant provides an ABCMR Record of Proceedings showing the Board granted full relief in a case in with an officer's SLRP eligibility had been terminated based on his acceptance of a MilTech position and/or due to his commissioning. The officer in that case was granted relief based on a Deputy Chief of Staff, G-1, advisory opinion that opined the officer should retain the incentive because he did not receive an Officer Accession Bonus and because there was conflicting guidance issued on SLRP eligibility for Soldiers who accepted MilTech and AGR positions during the period 17 April 2009 through 3 November 2010. REFERENCES: 1. ARNG Selected Reserve Incentive Program Guidance 07-06 (effective 10 August 2007 - 31 March 2008, extended to 16 June 2010), defined various incentives available to eligible Soldiers, including the SLRP. 2. A 25 January 2013 message, subject: Disposition of SLRP contracts for Select AGR and MilTech Personnel, states all SLRP contracts for personnel that accepted AGR or MilTech positions between 18 April 2009 and 3 November 2010 were to be identified and were eligible for ETP consideration. DISCUSSION: 1. The applicant accepted a MilTech position on 13 March 2011 and received his the first disbursement under the SLRP, in the amount of $3,625.05, on 20 May 2011. 2. On 26 April 2012, while he was deployed, he was granted an ETP to remain eligible for the SLRP. The available evidence shows only one disbursement of $3,625.05 had been made (in May 2011) at that time. 3. The evidence shows the reason cited for final termination of his SLRP eligibility was his acceptance of a MilTech position on 10 February 2013. It appears, however, that his acceptance of a MilTech position on 13 March 2011 would have been a factor in his case. Soldiers eligible for ETP consideration were those who accepted MilTech or AGR positions between 18 April 2009 and 3 November 2010. The applicant accepted his first MilTech position after the end of that period. 4. The governing policies appear to have changed between when the applicant originally entered into the SLRP in 2010 and when he accepted his second MilTech assignment in 2013. In October 2013, NGB based its denial of an ETP on the fact that the applicant had accepted a MilTech position on 10 February 2013 (as cited in the MSARNG memorandum dated 20 June 2013), and in September 2014, the MSARNG notified the application that the amount of $3,625.05 would be recouped due to his acceptance of a MilTech position. 5. Notwithstanding the confusing dates in this case, the evidence does show that the applicant signed a contract that, at best, only vaguely referenced the implications of accepting a MilTech position at a later date. He does not appear to have extended his enlistment for the specific purpose of seeking full-time employment with the MSARNG. However, when the opportunity arose in 2011, he did accept a MilTech position. It appears that he is being held to the letter of policy that was not clearly explained in the contract he signed. While there does not appear to be an injustice in the termination of his SLRP eligibility, the evidence indicates that recoupment of the monies paid on his behalf under that program may be inequitable. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015206 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2