IN THE CASE OF: BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160009873 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 IN THE CASE OF: BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160009873 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. IN THE CASE OF: BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20160009873 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 show entitlement to the Student Loan Repayment Program (SLRP). 2. The applicant states he is not eligible for the SLRP because he was a current member of the Idaho Army National Guard (IDARNG) who was not within 365 to 91 days of his expiration of term of service and because he had over 13 years of time in service. He further states the SLRP is available to individuals who come directly into the service for military occupational specialty (MOS) 09S (Commissioned Officer Candidate). He feels that this situation impacts negatively on Soldiers who are advancing in their careers. The SLRP is used more for recruiting than for retention. Soldiers like himself who are attending Officer Candidate School (OCS) have the same obligations as those who are just starting their careers and should be eligible for the same benefits. 3. The applicant provides: * his Personnel Qualification Record - Officer/Warrant Officers * email concerning the SLRP policy as it pertains to the applicant and others in MOS 09S * The Army National Guard Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 2014, effective 2 June 2014, pages 39-50 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. The applicant enlisted in the IDARNG on 30 July 1998. He reenlisted/ extended his service and was promoted to staff sergeant (SSG)/E-6 on 20 May 2014. 3. A DA Form 71 (Oath of Office - Military Personnel) shows he was appointed as a second lieutenant (2LT) in the IDARNG on 13 September 2015. 4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served on active duty for training from 10 November 2015 to 25 March 2016 and completed the Military Intelligence Basic Officer Leadership Course. 5. In the processing of the case an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB), on 10 August 2016. The opining official recommended disapproval of the applicant's request and noted: a. On 15 August 2011, the applicant, then a specialist four, enlisted in the IDARNG for a period of six years after a break in service of four years. On 13 September 2015, he was commissioned as a 2LT. On 25 March 2016, he completed the Military Intelligence Officer Basic Course. b. Unfortunately, he did not meet the requirements prescribed to be entitled to an SLRP in accordance with the Fiscal Year 14 SRIP Endorsement, dated 22 May 2014, paragraph 17, a(11)(a), which states, "Extends within 365- 91 days of ETS for a minimum term of six years in an active status. Note: The first payment date on the SLRP extension contract will be one year from the contract start date (day after ETS), not the contract signature date." Additionally, paragraph 17, a(11)(f) further states, "Must have less than 13 years of [time in service (TIS)] at the time of current ETS. This service is computed from the Soldier's adjusted pay entry basic date. The 'total military service criteria' includes inactive reserve time in the [Individual Ready Reserve of the Inactive National Guard]. The TIS is based on the contract start date, not the signature date." c. Recommend disapproval because the applicant's previous ETS date prior to commissioning was 14 August 2017, which placed him over 13 years of time in service. The IDARNG concurs with this recommendation. 6. The applicant was provided a copy of the advisory opinion for his review and comment. He did not respond. DISCUSSION: 1. The applicant contends he should be eligible for the SLRP, but he is not eligible because he was a current member of the IDARNG with over 13 years of service and he was not within 365 to 91 days of his ETS. He further states the SLRP is available to individuals who come directly into the service for MOS 09S, but not for Soldiers with his status. Soldiers like himself who are attending OCS have the same obligations as those who are just starting their careers and should be eligible for the same benefits. 2. The advisory official noted the applicant inquired about the SLRP during his last reenlistment, but he was not eligible based on the policy that was in effect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009873 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009873 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2