BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000743 BOARD VOTE: ____x_____ __x_____ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000743 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved authorizing him to retain the Student Loan Repayment Program incentive. __________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: 9 May 2017 DOCKET NUMBER: AR20160000743 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 his exception to policy request to retain the Student Loan Repayment Program (SLRP) incentive. 2. The applicant states: * his SLRP incentive was wrongfully terminated by the Incentives Manager in violation of his contract * he reviewed his SLRP Annex and could not find in the termination section any reference to Title 10 One-Time Occasional Tour (OTOT) orders * the termination section also does not address entry into the Active Guard Reserve (AGR) program * the only place AGR is mentioned is where it says you can't get SLRP at time of enlistment if enlisting for the purpose of getting an AGR or a Military Technician job, neither of which applies in his case * terminating his incentive would be a miscarriage of justice and against the best interests of the organization and its members 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document) * Annex L to DD Form 4 (Enlisted Loan Repayment Program Addendum) * Notification of Incentive Termination * Denial decision by the NGB CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Alaska Army National Guard (AKARNG) for a period of 6 years on 1 July 2011. Item 32 (Specific Option/Program Enlisted For) of his DD Form 1966/3 (Record of Military Processing) shows he enlisted for: * ARNG Standard Training Program for training in military occupational specialty (MOS) 74D (Chemical Operations Specialist) * Loan repayment program $50,000 * Montgomery GI Bill Non-Prior Service Kicker, $200 2. In connection with this enlistment, he signed Annex L to DD Form 4 (SLRP Addendum). He indicated: * he was enlisting for 6 years in the ARNG with a statutory obligation of 8 years, as a non-prior service member for training in MOS 74D and assignment to E Company, 1st Battalion, 270th Aviation * he was not enlisting to qualify for a Military Technician or AGR Title 32 or Title 10 positions where membership in a Reserve Component is a condition of employment * he had 12 disbursed loans existing in the amount of $44,787.00; the total amount of repayment would not exceed $50,000; he could be terminated from bonus eligibility (without recoupment) for a number of reasons 3. He entered active duty on 29 August 2011 and completed training for award of MOS 74D. He was honorably released from active duty on 7 February 2012. 4. On 1 April 2014, the AKARNG published orders reassigning him from the 1st Battalion, 207th Aviation, to A Troop, 1st Battalion, 297th Reconnaissance and Surveillance, effective 1 February 2014. The reason for reassignment is shown as inactivation, reorganization, or relocation. 5. On 7 October 2014, the AKARNG ordered the applicant to OTOT in an AGR status from 1 October 2014 to 30 September 2015. The orders were later amended to show 1 October 2014 to 31 March 2016. The purpose of these orders was to support AKARNG State Education Services. (It appears he was not ordered to active duty to work in his MOS or with his contracted unit.) [OTOT is a program that permits a Title 32 ARNG Soldier to be accessed into the Title 10 AGR program on a one-time basis. Its intent is to provide a vehicle by which the NGB/Adjutant Generals can bring Soldiers into an AGR tour, for a period of not more than 3 years, to perform a specific project or duty.] 6. The applicant was promoted to sergeant (SGT)/E-5 on 1 November 2015, while assigned to A Troop, 297th Reconnaissance and Surveillance. 7. On 5 November 2015, the NGB denied his exception to policy request to retain the $50,000 incentive because he went AGR after the contract date, which violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), section 6.9.3. 8. On 6 November 2015, the State Incentive Manager informed the applicant that his incentive would be terminated without recoupment due to his entry into the AGR program. 9. He was released from the AGR program on 31 March 2016. REFERENCE: 1. Title 37, U.S. Code, section 331 states the Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces who enlists in an armed force, enlists or affiliates with a Reserve Component of an armed force for a specified period in a designated career field, skill or unit of an armed force. A bonus may be paid to a member only if the member agrees to serve in a designated career field, skill or unit of an armed force or meets some other condition defined by the Secretary concerned. A member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid as specified in a written agreement shall be subject to repayment provisions. 2. 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 percent 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. 3. DODI 1205.21 establishes policy, assigns responsibilities, and prescribes procedures for management of the Reserve component incentive programs pursuant to Title 37, U.S. Code, section 331. a. Section 6.8. Termination and Recoupment. If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. Unless granted relief, as covered in paragraphs 6.6. and 6.7., the member must refund a prorate amount to the Government, if such termination is for selected reasons. b. Section 6.9 states recoupment is not required in certain circumstances when an incentive is terminated, such as if accepting an AGR position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. 4. National Guard Regulation 600-5 (The AGR Program Title 32, Full Time National Guard Duty (FTNGD) Management) prescribes procedures for selecting, assigning, using, managing, and administering ARNG personnel serving on FTNGD in an AGR status under the provisions of Title 32, U.S. Code. Paragraph 3-6 (OTOT), states the AGR Program supports entry into the program of Soldiers who may desire to serve only initial or occasional AGR tours. The OTOT is intended to provide a vehicle by which The Adjutant General may bring a Soldier onto an AGR tour not to exceed 3 years for a specific project or specific duty without assessing them into the career AGR Program. While OTOTs are authorized, hiring of AGRs for a career status position is preferred and OTOTs should be used only in exceptional circumstances. DISCUSSION: 1. The applicant's July 2011 enlistment contract stipulated that he would serve for 6 years in the AKARNG, in MOS 74D in a designated unit. His enlistment promised him payment of authorized student loans up to $50,000. The incentive addendum did not mention entry into the AGR program. It only stated that he was not enlisting to qualify for a Military Technician or AGR Title 32 or Title 10 positions where membership in a Reserve Component is a condition of employment. 2. In October 2014, he entered active duty in the AGR program under the one time occasional tour program. By law, his acceptance and entry into the AGR even for a one-time tour, violated his contract. The reason an incentive is offered is that an ARNG unit or the entire State ARNG has a critical need for a certain specialty or in a certain unit. To attract manpower and fill those critical shortages, incentives are offered in the form of an accession bonus, prior enlistment bonus, SLRP, reenlistment bonus, and other incentives. 3. The applicant enlisted to serve in the AKARNG in a unit that had a shortage for his MOS. When he moved out of the position and entered active duty in an AGR status to serve in the State Education Services Office, he was no longer qualified for the incentive as he was no longer serving in his unit or in the MOS he contracted for. Therefore, the incentive was terminated but without recoupment, because he had already served 6 months of his enlistment contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000743 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000743 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2