BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160003320 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: 12 September 2017 DOCKET NUMBER: AR20160003320 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing an exception to policy request was approved allowing the applicant to participate in the SLRP in accordance with the terms set forth in her Enlisted Loan Repayment Program (ELRP) Addendum and making any retroactive payments due as a result of this action in accordance with the terms of her ELRP Addendum. ____________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: 12 September 2017 DOCKET NUMBER: AR20160003320 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 retain her entitlement to the Student Loan Repayment Program (SLRP) (also known as the Enlisted Loan Repayment Program (ELRP)), which she contracted for at the time of her enlistment in the Oregon Army National Guard (ORARNG). 2. The applicant states: a. Her SLRP incentive was terminated due to a clerical error made by the ARNG liaison at the Portland, Oregon Military Entrance Processing Center (MEPS) at the time of her enlistment; she was told by Sergeant D__ and by Mr. W__ that she could enlist in military occupational specialty (MOS) 09S (Commissioned Officer Candidate) and receive the full SLRP incentive. b. The above individuals drafted her contract for MOS 09S with the SLRP incentive. She signed the contract believing the correct information was given to her. However, according to a National Guard Bureau (NGB) memorandum, the MOS 09S enlistment option was not authorized any incentive programs until 19 October 2010 and she enlisted on 14 June 2010. She was not personally privileged to view NGB policy at the time and could only trust in what the MEPS liaisons told her at the time. The MEPS liaisons were the party responsible for staying abreast of current NGB policy. c. She has served her country honorably and upheld her full enlistment contract, including a recent extension. She requests that the ARNG uphold its end of her contract and reinstate the SLRP incentive including retroactive payments to her student loans. As both a professional educator and a citizen Soldier, she expects the NGB to honor the contracts it holds with our nation's faithful service members. 3. The applicant provides a memorandum from the NGB, subject: Request for Exception to Policy (ETP) for SLRP [Applicant]. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Oregon ARNG (ORARNG) on 14 June 2010. Her enlistment agreement shows she enlisted for Program "A" (Alternate (Split) Training) and MOS 09S. 2. The applicant's SLRP Addendum shows she was a non-prior service applicant and it was signed by both her and her enlisting official on 14 June 2010. The addendum indicates she was eligible for the SLRP and that at the time of her enlistment she had one existing student loan in the amount of $50,000.00. The addendum includes a control number. She enlisted for 6 years in the ARNG. The terms of her SLRP Addendum include: a. The portion of the SLRP ($50,000.00) that may be repaid annually on any qualifying loans(s) will not exceed 15 percent (not to exceed $7,500.00) per year of the total of all loan principles or $500.00 whichever is greater. The annual payment will include interest as long as the combined principal and interest does not exceed the maximum authorized under law. Payment will be processed on the anniversary date of her enlistment for each satisfactory year of service. b. The SLRP will be suspended when one enters a period of nonavailability. c. The bonus will be terminated for among other reasons, if she separates from the ARNG for any reason. d. She indicated if she had problems with her enlisted loan repayment, it was her responsibility to contact her unit commander or his representative for guidance. 3. The applicant was awarded MOS 92A (Automated Logistical Specialist) on 17 August 2011, upon the completion of her initial entry training (split training). (A review of the Army Reserve FY07 Selected Reserve Incentive Program shows MOS 92A is a critical MOS authorized the SLRP for non-prior service enlistees.) 4. On 2 May 2014, the NGB, ARNG Deputy G-1 denied the applicant’s request for an ETP to retain eligibility for participation in the SLRP. The NGB directed the State Incentive Manager to terminate the incentive without recoupment as no payments had been processed. The ARNG Deputy G-1 stated the following: a. The applicant received the SLRP incentive on the contract date, which violates ARNG Chaplain, Health Professional, and Enlisted Loan Repayment Programs effective 1 October 2009. b. The applicant enlisted into the ORARNG on 14 June 2010 under MOS 09S enlistment option. MOS 09S was not authorized any incentive programs until 19 October 2010, when the ARNG published guidance allowing the SLRP for that specific MOS; therefore, the request was denied. 5. A review of the ARNG SRIP Policy Guidance for Fiscal Year 2007, 2008, and 2009 (Policy Number 07-06 with updates) confirms the ARNG did not have an MOS 09S enlistment option that was authorized the SLRP at the time of the applicant's enlistment. 6. The applicant was honorably discharged from the ARNG and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve) on 9 January 2017. She completed 6 years, 7 months, and 4 days of service in the ARNG. There is no evidence she attended Officer Candidate School or was offered a commission. REFERENCES: 1. Army Regulation 135-7 (ARNG and Army Reserve 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. This educational incentive may only be elected at the time of enlistment or reenlistment. This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. 2. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to counselors and reported to NGB. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 3. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education (DoE), or $500.00 plus the accrued interest not paid by the DoE, whichever is greater. Payments will be made for each year of satisfactory service in the Selected Reserve. To be eligible for the SLRP incentive, a person must contractually obligate himself or 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 complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least 1-year old may then be paid in accordance with the terms of this educational enlistment incentive. 4. DoD Financial Management Regulation, Volume 7a, states in chapter 2, section 020103 – the term "service" as used in this chapter, refers to an obligation willingly undertaken by a member of the uniformed services in exchange for pay or benefit offered to remain on active duty or in an active status in a Reserve Component. 5. DOD Financial Management Regulation, volume 7A, chapter 2, 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 evidence of record shows the applicant enlisted in the ORARNG on 14 June 2010. Her contract shows she contracted for participation in the SLRP in MOS 09S (Commissioned Officer Candidate). There is no evidence she completed Officer Candidate School or was offered a commission. 2. In accordance with ARNG SRIP Policy Guidance for Fiscal Year 2007, 2008, and 2009 (Policy Number 07-06), the ARNG did not have an MOS 09S enlistment option authorizing the SLRP at the time of her enlistment. However, MOS 92A, her awarded MOS, was a critical MOS authorized bonus incentives. 3. The applicant contends the error was made by the recruiting officials who erroneously recruited her into an MOS not eligible for the SLRP. There is evidence the applicant tried to resolve the nonpayment of her incentive within the ARNG as the ETP denial memorandum is dated 2 May 2014 and her application to this Board is dated 22 January 2016. 4. She was honorably discharged from the ARNG upon the completion of her required active service. She had completed more than her contracted 6-years of service. 5. The governing regulations support denying her application as she did not contract in 2010 for an MOS authorized an incentive and she was honorably discharged in 2017 at the completion of her required service. Incentives are designed for those who are still serving. 6. DOD Financial Management Regulation, volume 7A, chapter 2 offers guidance to the Military Departments on payment and recoupment action for incentives. The applicant accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract. It appears that by 2014 she had submitted a request for an ETP while she was still actively meeting her contractual service requirements. 7. The Board has the option to approve an ETP for the SLRP in the amount of $50,000.00 provided the applicant meets all other eligibility criteria. 8. As she is no longer on active service, the multiple payments of her SLRP should be back dated to the anniversary years specified in her enlistment contract. The provisions of payment of the SLRP must be complied with (payment will not exceed $7,500.00 per anniversary year) and the applicant must provide the State Incentive Manager or NGB with all required education and financial documents for her student loan to be processed for repayment. As the applicant enlisted on 14 June 2010, her enlistment anniversaries are June 2011, June 2012, June 2013, June 2014, June 2015, and June 2016. Finally, if there is no outstanding balance on her student loan, then there is no entitlement to the SLRP. This incentive is paid to the lending institution, not the Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003320 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003320 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2