BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016043 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: 30 March 2017 DOCKET NUMBER: AR20150016043 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: 30 March 2017 DOCKET NUMBER: AR20150016043 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 records to allow him to retain the Student Loan Repayment Program (SLRP) incentive ($20,000.00) offered at the time of his enlistment in the Kentucky Army National Guard (KYARNG) in 2008. 2. The applicant states: a. He has a debt for student loan payments. b. Prior to enlisting in the KYARNG, the SLRP was approved as part of his enlistment agreement with his recruiter. The day before his enlistment, his recruiter informed him that he could no longer join the aviation support unit that he had intended to join because of issues with the commander. His recruiter told him he had everything approved with another unit if he wanted to join and still go to the Military Entrance Processing Station. He agreed because he wanted to be a Soldier and get it over with. He went to the Military Entrance Processing Station the next day and filled out his contract, including the SLRP, and he enlisted in the Army. c. To his knowledge, everything was good to go. Sometime between 14 March 2008 and 14 April 2008, his SLRP was sent in or requested after his enlistment, which voided the SLRP. The agreement he made to enlist was for the SLRP. It was a big part of his decision to enlist. He agreed to serve and the Army pays for his college – that was the deal he made and now he is being unjustly charged for something he was entitled to receive. d. Paying his student loans from before he enlisted is no different than using tuition assistance while serving, which he used very little of because he was already a year from graduating when he enlisted. He served a tour in Iraq and a tour in Africa and he extended his enlistment for an extra year to help train new Soldiers in his unit when they returned from his second deployment. 3. The applicant provides a copy of the National Guard Bureau (NGB) exception to policy (ETP) denial letter. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 11 March 2008, the applicant signed and acknowledged receipt of a 7 April 2006 Memorandum from the Kentucky National Guard (KYNG) Adjutant General regarding the KYNG Tuition Award Program. 3. On 12 March 2008, the applicant’s mother gave her consent for the applicant's enlistment. 4. On 14 March 2008, the applicant enlisted in the KYARNG. On the day of his enlistment he filled out and signed various documents. a. A DD Form 1966/1-6 (Record of Military Processing-Armed Forces of the United States), section VI (Remarks), shows he enlisted for military occupational specialty (MOS) 13B and was to be assigned to Bravo Battery, 2nd Battalion, 138th Field Artillery Regiment, Carlisle, KY. It also shows the applicant acknowledged he was eligible for an enlistment cash bonus and the SLRP and that he accepted these incentives. b. A DD Form 4/1-2 (Enlistment/Reenlistment Document Armed Forces of the United States), shows the applicant enlisted for a period of 8 years. c. A Guard Annex (Enlistment/Reenlistment Agreement), shows under section VII (Addendums) that an enlistment bonus form was part of his enlistment agreement. An SLRP addendum is not listed. d. An NGB Form 600-7-1-R-E (Annex E to DD Form 4 Non-Prior Service Enlistment Bonus Addendum Army National Guard of the United States), indicates the applicant signed up for a Selected Reserve Incentive Program (SRIP) incentive for enlistment into a non-critical skill MOS for a $20,000 bonus. He was to receive a total bonus of $20,000 in two payments. The first payment of 50% less taxes was to be made upon completion of initial active duty for training (IADT) and award of his MOS. The second and final payment of 50% was to be made on the 36th month anniversary of his date of enlistment. * The applicant completed his IADT and was awarded his MOS on 7 September 2008 * His 36-month anniversary was on 13 March 2011 5. The available records do not contain an SLRP Addendum. 6. Orders 153-841, dated 2 June 2009, show the applicant was transferred to the 299th Chemical Company, Maysville, KY, as a 74D (Chemical Operations Specialist). The reason for assignment states “individual’s request”. 7. Orders 159-127, dated 8 June 2009, show that while assigned to 299th Chemical Company, he was ordered to active duty in support of Operation Iraqi Freedom. 8. On 15 August 2010, the applicant was demobilized and transferred back to B Battery, 2nd Battalion, 138th Field Artillery Regiment, Carlisle, KY, under his 13B MOS. 9. He was again ordered to active duty on 1 September 2012 in support of Operation Enduring Freedom. He served in Djibouti, Germany, Kuwait, and Kenya from 29 September 2012 to 28 June 2013. He was released from active duty on 18 August 2013. 10. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 12 January 2014, shows he extended his enlistment in the KYARNG for a period of 1 year. 11. On 5 December 2014, NGB disapproved his request for an ETP to retain the $20,000.00 SLRP incentive and stated: * the State Incentive Manager will terminate the incentive with recoupment effective the contract starting date * the applicant did not contract for the SLRP incentive at the time of enlistment which violates Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) * he voluntarily transferred out of the contracted military occupational specialty which violates ARNG Selected Reserve Incentive Program (SRIP) 07-06 * his incentive addendum is missing a signature and signature date from the service representative which violates ARNG SRIP 07-06 * his bonus control number was requested after the date of enlistment which violates ARNG SRIP 07-06 12. On 13 March 2015, he was honorably discharged from the KYARNG. REFERENCES: 1. DODI 1205.21, paragraph 6.6.2. states persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) governs policies and procedures for the administration of the ARNG SRIP programs, including the SLRP. a. Paragraph 1-25 states the conditions under which termination with recoupment of incentives is warranted are prescribed in this paragraph and also the applicable program chapters and sections of this regulation. With the exceptions of the SLRP, which is normally not recouped because time is served prior to receipt of the incentive. However, when there is an overpayment of SLRP funds or the SLRP payment was made in error, recoupment will be processed. Termination with recoupment is defined as termination of the incentive with Soldier is entitled to a prorated incentive amount based on the number of months served satisfactorily prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. Termination with recoupment will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS, or as otherwise stated in this regulation. Termination is effective the date of transfer into the new MOS. See paragraph 1-19, Personnel movement between ARNG units. b. Section VI, paragraph 2-26 states the applicant must fill a valid vacant position and not an excess, over-strength, or manually loaded vacancy. c. Section VI, paragraph 2-27 states repayment of loan(s) shall be made on the basis of each complete year of service performed by the borrower. The portion or amount of a loan that may be repaid is 15 percent or $500, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year. d. Section VI, paragraph 2-35 states incentive eligibility will be terminated when any of the termination reasons listed in paragraph 1-24 through 1-26 apply and that member will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. DISCUSSION: 1. The applicant requests correction of his record to allow him to retain the SLRP incentive offered at the time of his enlistment in the KYARNG in 2008. 2. There is no evidence showing he signed a written agreement for the SLRP. However, there is evidence in his record that shows he did sign a written agreement to receive an incentive bonus of $20,000 for enlistment in non-critical MOS 13B under the SRIP. 3. Section VI (Termination with Recoupment) of NGB Form 600-7-1-R-E clearly list thee reasons that would make the applicant ineligible for his bonus and that would trigger recoupment of his bonus. One of the reasons for termination with recoupment of his bonus was a voluntary transfer into a non-critical skill MOS or transfer from the unit for which his bonus was awarded upon enlistment. 4. The record of evidence shows that on 2 June 2009 the applicant voluntarily transferred to the 299th Chemical Company, Maysville, KY, under the 74D MOS. This transfer would have been a reason for termination and recoupment of his bonus. 5. It appears that if any incentive monies are being recouped, it is his enlistment bonus, not the SLRP. The record does not show that SLRP payments were ever made to his lender(s) on his behalf or that he ever completed the documentation required to participate in this incentive program. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016043 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016043 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2