BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20160009266 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: 14 July 2016 DOCKET NUMBER: AR20160009266 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: 14 July 2016 DOCKET NUMBER: AR20160009266 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, correction of his record to show he is qualified to receive the Student Loan Repayment Program (SLRP) incentive. 2. The applicant states: a. He was enlisted then he went to Officer Candidate School and before accepting his commission, he was coming up on the end of his 6-year commitment. b. He planned to reenlist, secure an SLRP incentive, and then accept his commission. He was assured more than once that he would be able to do it as long as he was still enlisted when he signed on the "dotted line." c. For a few years he was told there was no money to pay the SLRP incentive. Now he is being told the contract is no good. d. He contracted for and was assured he would receive an SLRP incentive in exchange for his service. 3. The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 19 July 2012 * National Guard Bureau (NGB) Disapproval of Request for Exception to Policy (ETP) for SLRP, dated 12 May 2016 * NGB Form 600-7-6-R-E, dated 25 June 2012 * Statement to the Incentive Manager, dated 6 April 2016 * Army Board for Correction of Military Records (ABCMR) Checklist CONSIDERATION OF EVIDENCE: 1. With prior enlisted service in the Regular Army, the applicant enlisted in the Michigan Army National Guard (MIARNG) for 6 years and 3 weeks on 23 January 2007. His NGB Form 21 (Annex A – DD Form 4, Enlistment/Reenlistment Agreement – Army National Guard) shows he was enlisting for training in military occupational specialty (MOS) 31B10 (military police) with a term of service of 8 years. 2. On 19 July 2012, the applicant completed DA Form 4836 extending his 23 January 2007 MIARNG enlistment for 6 years. At the time he submitted his extension, he completed an NGB Form 600-7-6-R-E (Annex L to DD Form 4 or DA Form 4836 Student Loan Repayment Program (SLRP) Addendum, Army National Guard (ARNG) of the United States). In Section II (Eligibility) of the NGB Form 600-7-6-R-E a few of the conditions to which he acknowledged were: a. he must be the primary position holder, not in an over-strength or excess status, in Standard Installation/Division Personnel System in MOS 31B that matches the authorized military grade and skill qualification commensurate with the position for which he was reenlisting/extending in the grade of E-7 or below in order to establish the critical skill requirements on the contract start date; b. he must reenlist/extend duty military occupational specialty qualified (DMOSQ) in an MOS with the Modified Table of Organization and Equipment or Medical Table of Distribution and Allowances unit, regardless of State or National assigned strength levels. (Exceptions Not Authorized); and c. he acknowledged he understood that he may be terminated from SLRP eligibility without recoupment if he voluntarily changed his enlistment MOS during the contractual obligation unless assigned as a 09S Officer Candidate School Candidate or a 09R Simultaneous Membership Program Cadet. 3. The applicant was honorably discharged on 22 August 2012, to accept an appointment as a commissioned officer. 4. On 23 August 2012, he accepted an appointment as a commissioned officer in the MIARNG, in the rank of second lieutenant. His appointment orders show his duty assignment as platoon leader. 5. In a statement to the "Incentive Manager," the applicant requested that a request for an ETP to receive SLRP be submitted to the NGB on his behalf. 6. On 12 May 2016, the National Guard Bureau notified the MIARNG State Incentive Manage (IM) that a request for an ETP to retain the $50,000.00 SLRP was disapproved because the applicant accepted a commission prior to the SLRP contract start date, which violates ARNG Selected Reserve Incentive Program 12-01. He was told that the State IM would terminate the incentive without recoupment effective the contract start date. 7. The NGB stated the applicant's contract/agreement details include: a. State enlisted/accessed: MI; Unit Identification Code: TY8AA. b. Date of agreement/enlistment: 19 July 2012. c. Contracted loan addendum/agreement in the amount of: $50,000.00. d. Contracted Area of Concentration/Military Occupational Specialty (AOC/MOS): 01A (Officer Generalist)/31B (Military Police (Enlisted)). REFERENCES: 1. Army Regulation 135-7 (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 MOSs 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. These payments continue on a yearly basis unless the Soldier loses eligibility by being separated from his or her unit. 2. 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% of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500 plus the accrued interest not paid by the Department of the Education, 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 the 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. Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive. DISCUSSION: 1. The applicant’s request for payment of SLRP benefits has been carefully considered. 2. However, the available records show that he extended his 23 January 2007 enlistment for 6 years on 19 July 2012 and at that time, he completed an NGB Form 600-7-6-R-E stating he was extending his enlistment in the MIARNG for a period of not less than 6 years in MOS 31B. On 22 August 2012 (2 months later), he was discharged from the MIARNG to accept an appointment as a commissioned officer and at that time, he was no longer DMOSQ in 31B. Once he accepted his appointment as a second lieutenant on 23 August 2012, he received AOC 01A. 3. Although, the NGB official stated that the disapproval of the request for an ETP was because the applicant accepted a commission prior to the SLRP contract start date, that was not the case. Under the terms of the applicant’s SLRP addendum, he had a 6-year service obligation from 19 July 2012 to serve in MOS 31B, which he failed to do. He served in MOS 31B for only 2 months; therefore, he failed to honor the SLRP addendum. 4. The Comptroller General of the United States has ruled in similar cases that, although a service member may have been misinformed about his or her entitlements, the U.S. Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties. Therefore, there is an insufficient evidentiary basis to support granting the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009266 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009266 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2