IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20160000524 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 military records to show entitlement to the Student Loan Repayment Program (SLRP) incentive. He further requests relief of his debt to the Colorado Army National Guard (COARNG) due to a previous SLRP payment. 2. The applicant states, in effect, his recruiter and witnessing officials did not sign the correct documentation for him to collect his incentive. The applicant states he trusted and relied on recruiters and (other) officials to make sure his contract was compliant. He trusted the information given to him was correct and reliable. Regarding his military occupational specialty (MOS) change in June of 2011, it was apparent that he would not receive his security clearance based on the status of his financial credit. Accordingly, he was instructed by his advisers to change his MOS to avoid a further delay of his advanced individual training. In 2011, the COARNG paid him $7,500 in good faith that the contract was correct. At that time there was no apparent issue concerning his SLRP contract. He has since sought information explaining why the incentive has not been paid. On 1 December 2015, he was informed the incentive would not be paid and the COARNG would recoup monies already paid. The SLRP incentive was one of the main reasons he joined the COARNG. He opted out of the GI Bill to receive the SLRP incentive. Denial of this incentive imposes a substantial negative impact both financially and emotionally on him and his family. The National Guard Bureau’s (NGB) disapproval of his request for an exception to policy (ETP) was unjust. A human error occurred and he received inaccurate information from officials who were supposed to be the subject matter experts. 3. The applicant provides a memorandum from the NGB, dated 30 November 2015, subject: Request for ETP for SLRP (Applicant). CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving as a sergeant in the COARNG. 2. On 15 October 2010, the applicant enlisted in the COARNG in the rank of specialist/pay grade E-4. He agreed to serve 6 years in the ARNG and 2 years in the Individual Ready Reserve, or voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit. He also completed Annex L (Enlisted Loan Repayment Program Addendum) to the DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) wherein he was to receive an SLRP incentive in the amount of $50,000 payable annually not to exceed 15 percent or $7,500. The addendum states that a voluntary transfer out of the contracted critical skill for which the bonus was approved would result in termination. Further, it states at the time of termination any unpaid whole month would be paid on a prorated basis and the SLRP contract would be considered completed. 3. In a memorandum, dated 30 November 2015, the NGB informed the applicant’s incentive manager, COARNG that the applicant’s request for an ETP was denied based on his voluntary transfer out of the contracted MOS and due to the applicant’s and witnessing officials missing signatures and dates. 4. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his military records to show his entitlement to the SLRP. He further requests relief of the SLRP debt because he trusted and relied on recruiters and other officials to make sure his contract was in compliance for him to receive the incentive. 2. The available evidence clearly shows the applicant contracted for the SLRP incentive based on a specific MOS and his contract clearly explained the incentive would be terminated if he voluntarily transferred out of the contracted critical skill. 3. According to the ETP, the applicant voluntarily transferred out of the contracted MOS. The applicant’s statement indicates the status of his credit was the reason for having to change his MOS; however, there is no documentary evidence supporting his contention. Therefore, it is questionable whether his change of MOS was voluntary or involuntary. 4. In view of the above, regularity is presumed. There is insufficient documentary evidence to show any error or injustice. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x ___ DENY APPLICATION 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 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. ABCMR Record of Proceedings (cont) AR20130015606 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20160000524 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1