SAMR-RB 23 January 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20150012123 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 13 September 2016, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by allowing him to retain the Student Loan Repayment Program (SLRP) incentive that was offered at the time of his enlistment in the U.S. Army Reserve (USAR) in 2005. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 23 May 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: · BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012123 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: 13 September 2016 DOCKET NUMBER: AR20150012123 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140021163, dated 23 April 2015. _____________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: 13 September 2016 DOCKET NUMBER: AR20150012123 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, through a Member of Congress, reconsideration of his earlier request to correct his records to allow him to retain the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the U.S. Army Reserve (USAR) in 2005. 2. The applicant states: a. He enlisted in the USAR in 2005 and became qualified in duty military occupational specialty (MOS) 42A (human resources specialist). While going to college and working full time, he felt he wanted to do more on his part. A deployment opportunity arose for the Army National Guard (ARNG) in 2007. In order to deploy with the ARNG, he had to switch to a critical MOS for the 56th Striker Brigade in support of Operation Iraqi Freedom. After switching his MOS, he deployed in MOS 11C (indirect fire infantryman). He was later awarded MOS 11B (infantryman). b. After his return in 2010, his unit had several briefings about Department of Veterans Affairs health and other programs the Army was offering. He spoke to a lieutenant about his situation and explained he was an Army Reservist, but he transferred to the ARNG to deploy. c. After 4 years of going back and forth with the National Guard Bureau (NGB), he received denial of an exception to policy (ETP) for retention of his SLRP incentive for not serving in the MOS specified in his contract. He previously received approval of an ETP for retention of his Non-Prior Service Enlistment Bonus incentive from the USAR for the exact same reason of serving in a different duty MOS when he transferred from the USAR to the ARNG. He feels there is an injustice in the approval of one incentive contract and denial of another for the same issue. He has completed all requirements of service and his duty MOS. d. He served his country and state in good faith and he asks that his SLRP incentive be honored for his completion of his time in service. It is important to note, he graduated in 2011 from York College in Pennsylvania, he graduated with academic honors and a grade point average of 3.4, and he is a 60-percent disabled veteran. 3. The applicant provides: * undated self-authored letter * letter from a Member of Congress, dated 10 July 2015 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140021163 on 23 April 2015. 2. The applicant provided a letter from a Member of Congress that is new evidence that merits consideration by the Board at this time. 3. The applicant enlisted in the USAR on 19 September 2005 for a period of 8 years. His SLRP Addendum, dated 19 September 2005, shows: a. He enlisted for the SLRP in the amount of $10,000.00. b. The incentive was predicated on attaining and maintaining qualification in MOS 42L (administrative specialist). c. His entitlement to the SLRP would be terminated should he reclassify to an MOS other than that for which he contracted. d. His entitlement to the SLRP would be terminated upon his transfer between the USAR and the ARNG for any reason other than the result of his USAR unit being reorganized, relocated, redesignated, inactivated, or converted, unless the Chief, NGB, authorized his continued entitlement in either program at the time of his enlistment in the ARNG. 4. He enlisted in the ARNG on 24 May 2008. His NGB Form 21 (Enlistment/ Reenlistment Agreement) shows he acknowledged his understanding that his enlistment required him to retrain and reclassify to MOS 11C. 5. He was awarded primary MOS 11C effective 20 September 2008. 6. He was ordered to active duty on 23 September 2008 in support of Operation Iraqi Freedom. He served in Iraq from 19 January 2009 to 26 August 2009. He was released from active duty on 17 October 2009. 7. He was honorably discharged from the ARNG on 29 August 2012 for expiration term of service. 8. On 24 November 2014, NGB disapproved his request for an ETP to retain the $10,000.00 SLRP incentive because he was not serving in the MOS for which he contracted. 9. On 23 April 2015, the ABCMR denied his request to retain the SLRP because his separation from the USAR and enlistment in the ARNG in a different MOS from the one he originally contracted for was contrary to the stated terms of the SLRP Addendum he signed. 10. He provided a letter from a Member of Congress, dated 10 July 2015, which states: a. The applicant entered the service as a member of the U.S. Army Reserve in 2005. b. When the opportunity arose for him to serve his country through deployment to a combat zone, he immediately volunteered. Because of this, he is no longer eligible to have his student loan paid under the terms of his contract. c. He served his state and country honorably for 7 years. d. The Member of Congress requests reconsideration of the applicant's request for repayment of his student loan debt of $13,000.00 in light of the extenuating circumstances involved. REFERENCES: Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs. Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. DISCUSSION: 1. The evidence confirms: a. The applicant enlisted in the USAR on 19 September 2005 for the SLRP in the amount of $10,000.00. b. He signed a contract that clearly stated his SLRP incentive was predicated on attaining and maintaining qualification in MOS 42L. c. He acknowledged his entitlement to the SLRP would be terminated should he reclassify to an MOS other than that for which he contracted or upon his transfer between the USAR and the ARNG for any reason other than the result of his USAR unit being reorganized, relocated, redesignated, inactivated, or converted, unless the Chief, NGB, authorized his continued entitlement in either program at the time of his enlistment in the ARNG. d. He enlisted in the ARNG on 24 May 2008 and was awarded primary MOS 11C effective 20 September 2008. 2. In November 2014, NGB denied his request for an ETP to retain the $10,000.00 SLRP. 3. While his desire to deploy to a combat zone is commendable, he voluntarily violated his SLRP Addendum contractual obligation by reclassifying to an MOS other than that for which he contracted and transferring between the USAR and the ARNG for a reason other than the result of his USAR unit being reorganized, relocated, redesignated, inactivated, or converted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012123 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012123 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2