IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004934 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, an exception to policy (ETP) to not recoup Student Loan Repayment Program (SLRP) monies in the amount of $15,000, which was paid on outstanding loans based on his enlistment in the Florida Army National Guard (FLARNG). 2. The applicant states, in effect: * he joined the FLARNG on 16 June 2009; he enlisted for officer candidate school (OCS) after having had prior enlisted service in the U.S. Air Force (USAF) * when he enlisted, he had no knowledge of the SLRP * he completed basic combat training and began OCS * after 1 year, he was told about the SLRP, and he was advised it only applied to enlisted Soldiers * based on this information, he elected to discontinue OCS, receive an enlisted military occupational specialty (MOS), and to sign up for an SLRP bonus of $50,000 * after completing MOS training, he received two payments of $7,500 each (May 2011 and September 2011, respectively) * he received no other payments after 2011 * despite efforts to find out what happened, he was not told anything until, in 2014, he learned there had been an error in his initial contract; this error prevented him from receiving any more payments of the SLRP * according to the National Guard Bureau (NGB), he would have had to enlist in his prior MOS; he could not do this however, because his previous MOS was that of a firefighter, which, in the Army was a specialty that had been handed over to civilians * he feels he has kept his end of the contract by not having had any disciplinary actions and no periods of being absent without leave; he contends the Army should fulfill what was agreed and permit him to keep what was paid 3. The applicant provides: * Annex L to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.), (Student Loan Repayment Program Addendum - Army National Guard of the U.S.) * State Investigation of the SLRP Incentive for [applicant] * memorandum, dated 19 February 2015, sent by the NGB, subject: Request for ETP for SLRP [applicant] 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. After having prior enlisted service in the USAF, the applicant enlisted in the FLARNG on 16 June 2009. He is currently serving in the FLARNG in the rank/grade of staff sergeant/E-6. 3. His official military personnel file contains: a. DD Form 4, dated 16 June 2009, showing the applicant enlisted in the FLARNG. b. Enlistment/Reenlistment Agreement - Army National Guard Service Requirements and Methods of Fulfillment, signed 16 June 2009, showing he enlisted for MOS 09S (Commissioned Officer Candidate). Section VII (Addendums) lists only an addendum for the Montgomery GI Bill. c. NGB Form 600-7-5-R-E (Annex L to DD Form 4), with the applicant's signature and dated 16 June 2009. This form reflects he was enlisting as a prior-service applicant and was duty MOS qualified. He was to receive a maximum of $50,000 in SLRP money. d. DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 July 2010, showing he completed 2 months and 3 days of net active creditable service, completed training in MOS 92G (Food Service Operations), and was honorably released from active duty. e. Orders Number 032-090, dated 1 February 2011, issued by the FLARNG, indicating he was awarded the primary MOS (PMOS) 92G. His former PMOS was 09S. The effective date of this action was 16 November 2010. 4. The applicant provides: a. A document titled State Investigation of the SLRP Incentive for [applicant]. It essentially states: * the ARNG policy in effect at the time required Soldiers receiving the SLRP be MOS qualified in the position for which they were enlisting * the applicant enlisted in MOS 09S; at that time, this MOS was not one that was eligible for the SLRP * the bonus control number was not requested until after the date of enlistment; it was approved on 25 March 2011 (emphasis added) * the Electronic Document Access (EDA) website shows five payments were made to the applicant's lender; a total of $30,000 was paid, all but $15,000 was returned by the lenders, and that money was applied toward the applicant's accounts with his lenders b. Memorandum, dated 19 February 2015, from the NGB, subject: Request for ETP for SLRP [applicant], states, in summary: (1) The applicant's request for ETP was denied, and recoupment was directed. (2) There were numerous violations of policy in this case including: * MOS 09S was not an authorized MOS for the SLRP * the applicant transferred out of his contracted MOS of 09S * his BCN request contains erroneous information, and was requested and approved after the date of enlistment * the addendum contains errors and he did not initial all applicable statements * the addendum is missing the witnessing officer's signature and signature date 5. ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 2008, and 2009, 10 August 2007 - 30 September 2009 (Policy Number 07-06) with Updates, outlined the NGB policy for bonuses to include the SLRP. It states, in pertinent part, prior service Soldiers must be MOS qualified for the position for which they are enlisting. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the FLARNG on 16 June 2009 with an OCS option. The evidence of record supports he was not eligible, based upon policy guidance at the time. Despite this fact, the record indicates: * although the SLRP addendum signed by the applicant was dated 16 June 2009, the applicant indicates it was actually executed at a later date; additionally, the BCN was not approved until 25 March 2011, well after his enlistment date * despite the fact there were numerous violations of NGB policy in the execution of this bonus, funds in the amount of $15,000 were disbursed to the applicant's lenders * there is no indication the applicant took any actions which might suggest he misrepresented himself or misled accessions personnel in an effort to obtain this bonus 2. The applicant clearly should not have been offered this bonus, but an apparent lack of quality control within the accessions process permitted him to receive a portion of the SLRP for which he contracted. Based on this, it would be appropriate not to hold the applicant to account financially for errors that were neither within his control nor the result of his actions. As such, and as a matter of equity, the Board could relieve him of the requirement to recoup the $15,000 that has already been paid to his lenders. BOARD VOTE: ____x___ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 records of the individual concerned be corrected by showing a waiver of the recoupment was approved of that portion of the SLRP that was paid to the applicant's lenders. _______ _ _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. ABCMR Record of Proceedings (cont) AR20150004934 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1