BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20150019215 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: 1 August 2017 DOCKET NUMBER: AR20150019215 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. showing he was granted an exception to policy allowing him to retain the Student Loan Repayment Program incentive offered on 28 February 2011 and b. showing the Department of the Army authorized payment of the Student Loan Repayment Program incentive of up to $50,000.00 in accordance with the terms of his NGB Form 600-7-5-R-E. ____________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: 1 August 2017 DOCKET NUMBER: AR20150019215 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 offered at the time of his enlistment in the North Dakota Army National Guard (NDARNG) in 2011. 2. The applicant states the SLRP is suspended and being recouped. This is through no fault of his own. He was offered the SLRP at the time of his enlistment and his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he is entitled to it. He should not be punished for something that is out of his control. 3. The applicant provides: * SLRP Addendum * DD Form 4 * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) * request for an exception to policy (ETP) * ETP denial letter * memorandum from the NDARNG, dated 18 November 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the NDARNG on 28 February 2011 for a period of 8 years. His National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum) shows he enlisted for the SLRP incentive of up to $50,000.00. 2. On 11 May 2012, NGB approved his request for an ETP to retain the $50,000.00 SLRP incentive and stated: a. The applicant enlisted in the NDARNG on 28 February 2011 for the SLRP. b. Although the witnessing officer failed to sign and date the addendum, a review of the DD Form 4 supports an incentive being offered at the time of enlistment. c. The applicant accepted an incentive offer made by the NDARNG in good faith and has fulfilled his obligations under the contract as of the date of this request. Therefore, withholding payment of this incentive would be contrary to equity and good conscience, and against the best interest of the Army. 3. The applicant was promoted to sergeant/E-5 effective 18 September 2015. 4. On 17 November 2015, NGB disapproved his request for an ETP to retain the $50,000.00 SLRP incentive and stated: a. The applicant did not meet the minimum Armed Forces Qualification Test (AFQT) requirements of 50 and above for non-prior service enlistments. a. The State Incentive Manager will terminate the incentive with recoupment effective the date of the applicant's enlistment. 5. He provided a memorandum from the NDARNG G-1, dated 18 November 2015, recommending approval of an ETP to retain his SLRP incentive. The NDARNG G-1 stated that even though the applicant did not meet the minimum AFQT score requirement, the SLRP was offered at the time of his enlistment as documented in his DD Form 4. The systematic breakdown beginning at the Military Entrance Processing Station level and up through the Incentives Office should not result in a negative impact on the applicant. Denial of the incentive to the applicant would be an injustice to him, particularly the recoupment of $874.90 in SLRP payments he has already received. 6. On 19 October 2016, the applicant extended his enlistment for a period of 6 years. REFERENCES: Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2, governs repayment of unearned portions of bonuses and other benefits. a. Section 0201 (General Provisions) provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. Conditions under which repayment will not be sought are set forth in section 0202. b. Section 0202 (Repayment and Non-repayment Conditions) provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States DISCUSSION: 1. The applicant requests retention of the SLRP incentive offered to him in 2011 at the time of his enlistment in the NDARNG. 2. The evidence confirms he enlisted in the NDARNG on 28 February 2011 for the SLRP incentive of up to $50,000.00. 3. On 11 May 2012, NGB approved an ETP for the applicant to retain the $50,000.00 SLRP incentive. 4. NGB subsequently disapproved an ETP for the applicant to retain the SLRP incentive in November 2015 and terminated the incentive with recoupment because he did not meet the minimum AFQT score requirement. 5. Notwithstanding the November 2015 NGB memorandum denying him an ETP to retain the SLRP incentive, NGB previously approved an ETP in May 2012, citing the applicant's acceptance of an incentive offer made by the NDARNG in good faith and fulfillment of his obligations under the contract. NGB further stated withholding payment of this incentive would be contrary to equity and good conscience, and against the best interest of the Army. 6. The applicant continues to serve in the ARNG in good standing and was recently promoted to sergeant. 7. The Department of Defense Financial Management Regulation provides that repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019215 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019215 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2