BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018628 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: 1 June 2017 DOCKET NUMBER: AR20150018628 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: 1 June 2017 DOCKET NUMBER: AR20150018628 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, reversal of the decision by the National Guard Bureau (NGB) to deny him retention of the Student Loan Repayment Program (SLRP) incentive. 2. The applicant states he believes this to be an error due to the fact not all the evidence was looked at properly by the NGB, and none of the military technician rules and guidelines were reviewed properly. He believes that the decision was based on prior guidelines and solely on one specific timeframe, and was not reviewed carefully. The evidence given to the State was clear and concise and matched all time lines and proved validity for the course of action. 3. The applicant provides: * NGB memorandum of denial of exception to policy * NGB Form 22 (National Guard Report of Separation and Record of Service) * North Carolina Army National Guard (NCARNG) discharge orders CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service in the U.S. Air Force, the applicant enlisted in the Virginia ARNG for a 2-year term on 18 December 2007. He held military occupational specialty (MOS) 92Y (Unit Supply Specialist). 2. In April 2009, he transferred to the NCARNG and he was later assigned to the 5th Battalion, 113th Field Artillery Regiment, Winston-Salem, NC. 3. On 11 June 2009, he executed a 6-year extension of his enlistment in the NCARNG, through 17 December 2015. He agreed to extend for 6 years in the critical MOS of 92Y and in the critical Unit Identification Code (UIC) of WPJHBO (Battery B, 5th Battalion, 113th Field Artillery). In connection with this enlistment, he completed Annex L (SLRP Addendum). Annex L shows in: a. Section II (Eligibility), paragraph 2c, the entry "I have 2 disbursed loans existing in the amount of $28,250.00. The total amount of repayment for qualifying loan(s) will not exceed $50,000.00." b. Section III (1) (Entitlement and Payments), the entry "The Government will repay a designated portion of any outstanding loans that I have secured since 1 October 1975.” c. Section III (2), the entry, "Loans must be one year old or older on my first anniversary eligibility date to qualify for this program. Loans that fall into default at any time after my enlistment, reenlistment, or extension will not be eligible for repayment. Loans that are in default at the time of my enlistment or reenlistment or extension will not be eligible for repayment." d. Section III (3), the entry, "The portion that may be repaid annually on any qualifying loan(s) will not exceed 15 percent (not to exceed $3,000 per year) of the total of all loans or $500, whichever is greater. Payment will be processed on the anniversary date of my enlistment for each satisfactory year of service." e. Section V (Termination), the entry "I understand that I may be terminated from bonus eligibility for any of the following reasons; (c), voluntarily transfer out of the critical UIC or critical skill for which bonus is approved; and (h), voluntarily transfer to a non-deployable TDA (Table of Authorizations and Allowances) or any TDA not specifically authorized a bonus. f. Section VII (Authentication) shows the applicant and a service representative authenticated the form by placing their signatures in the appropriate blocks. The form is dated 29 December 2007 and a SLRP Bonus Control Number (BCN) is present on the form. 4. On 4 June 2014, the NGB approved his exception to policy request to retain the incentive. An NGB official referenced the ARNG Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year 2007 (Policy Number 07-06 with Updates) effective 1 March 2009 and stated an exception to policy to retain the $50,000.00 SLRP is approved. a. The applicant's incentive addendum is missing signatures from him and the Service Representative, which violates ARNG SRIP 07-06, updated 1 March 2009. Additionally, his incentive addendum was signed after the extension documents which violates ARNG SRIP 07-06, updated 1 March 2009. Finally, the BCN was requested after the date of extension which violates ARNG SRIP 07-06, updated 1 March 2009. A review of the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) supports an incentive being offered at the time of agreement/contract. b. The applicant accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of this request. Therefore, withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army. The military personnel office should be made aware of these cases in order to provide the necessary training to those involved in the recruiting application process in order to prevent any injustice that may come to the Soldier from no fault of their own. 5. On 13 October 2015, the NGB reversed the decision and denied his exception to policy to retain the incentive. Again, the advisory official referenced the ARNG SRIP Policy Guidance for Fiscal Year 2007 (Policy Number 07-06) with Updates effective 1 March 2009. The advisory official stated: a. An exception to policy to retain the $50,000.00 SLRP is disapproved because the applicant did not have eligible disbursed loans before contract date which violates ARNG SRIP 07-06 Updated 1 March 2009. He also became a Military Technician after the contract start date which violates ARNG SRIP 07-06 Updated 1 March 2009. b. The applicant's loans were in default at the time of contracting; therefore he did not meet eligibility requirements to contract for the incentive. The State Incentive Manager will terminate the incentive with recoupment effective the contract start date. 6. The applicant was discharged from the ARNG on 12 May 2016 for enlistment into another component of the U.S. Armed Forces. He was issued an NGB Form 22 that captured his ARNG service. 7. He was appointed as a commissioned officer of the NCARNG and executed an oath of office on 13 May 2016. He completed the Quartermaster Officer Basic Course. He continues to serve in the ARNG today. REFERENCE: 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 $500.00 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 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. 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 which is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive. DISCUSSION: 1. The applicant extended for 6 years on 22 June 2009 for the SLRP incentive. He agreed to serve for 6 years in the critical UIC of WPJHB0 and the critical MOS of 92Y. It appears his SLRP Addendum violated the ARNG SRIP 07-06, updated on 1 March 2009, in that: * it was missing signatures from him and the Service Representative * it was signed after the extension documents * the bonus control number was requested after the date of extension 2. Despite that, on his submission of an exception to policy request, a correction was made to the incentive addendum after the NGB determined that the applicant accepted an incentive offer in good faith and fulfilled the obligations under the contract as of the date of his request. Withholding payment of this incentive was considered against equity and good conscience and contrary to the best interest of the Army. 3. The NGB revisited the applicant's exception to policy request and reached a different determination. The NGB reversed the original decision and denied his exception to policy to retain the incentive. The NGB determined: * the applicant did not have eligible disbursed loans before contract date * the applicant became a Military Technician after the contract start date * the applicant's loans were in default at the time of contracting; therefore he did not meet eligibility requirements to contract for the incentive 4. It is reasonable to presume that the applicant knew his loans were in default at the time he extended. It is equally reasonable to presume when he signed his incentive addendum, he agreed that "loans that fall into default at any time after my enlistment, reenlistment, or extension will not be eligible for repayment. Loans that are in default at the time of my enlistment or reenlistment or extension will not be eligible for repayment." 5. Although he may have enlisted in good faith, the applicant was not eligible for this incentive when he enlisted. He argues that a. He believes this to be an error due to the fact not all evidence was looked at properly by NGB, and none of the Military Technician rules and guidelines were reviewed properly. He does not explain what evidence the NGB failed to look at. b. He believes that the decision was based on prior guidelines and solely on one specific time frame and was not reviewed carefully. He does not elaborate on this contention or provide an argument to support this contention. c. He states that the evidence given to the State was clear and concise and matched all timelines and proved validity for course of action. However, he does not provide the Board with any documentary evidence that supports this contention. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018628 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018628 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2