IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20160001322 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 IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20160001322 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 records of the individual concerned be corrected by showing: a. he executed a Student Loan Repayment Program Addendum on 14 March 2013 for qualifying loans in an amount of up to $50,000.00 and b. the Department of the Army authorized payment of the Student Loan Repayment Program incentive for qualifying loans in an amount of up to $50,000.00 in accordance with the terms of his Student Loan Repayment Program Addendum. ___________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. IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20160001322 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 records to allow him to retain the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the Iowa Army National Guard (IAARNG) in 2013. 2. The applicant states: a. His SLRP incentive was pre-approved prior to his enlistment. The recruiter did not bring the pre-approved packet to the Military Entrance Processing Station (MEPS); therefore, the SLRP incentive was not offered in his initial enlistment contract. b. He enlisted on 14 March 2013, entered basic training on 13 August 2013, and graduated with honors and distinction. He completed advanced individual training in military occupational specialty (MOS) 68W (health care specialist). c. He is currently an active drilling member in the IAARNG in good standing with no issues or deficiencies. 3. The applicant provides: * National Guard Bureau (NGB) Guard Incentive Management System SLRP Pre-Approval Authorization Memorandum, dated 8 March 2013 * MOS orders, dated 11 February 2014 * email * IAARNG Notification of Incentive Discrepancy and Exception to Policy (ETP) Process Memorandum, dated 25 August 2014 * self-authored request for an ETP, dated 2 February 2015 * IAARNG request for an ETP memorandum, dated 17 March 2015 * NGB ETP denial memorandum, dated 17 November 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. The applicant provided an NGB Guard Incentive Management System SLRP Pre-Approval Authorization Memorandum, dated 8 March 2013, showing eight of his student loans in the amount of $20,832.00 were valid for repayment under the ARNG SLRP. 2. He enlisted in the IAARNG on 14 March 2013 for a period of 8 years. Section VII (Addendums) of his Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment) does not list the SLRP Addendum. 3. IAARNG memorandum, dated 25 August 2014, subject: Notification of Incentive Discrepancy and ETP Process, notified him of an SLRP incentive discrepancy in that he was not issued an SLRP contract. The memorandum identified his SLRP incentive control number as S1405XXXXX. 4. On 2 February 2015, he requested an ETP to retain his SLRP incentive. 5. He provided a memorandum from the IAARNG G-1, dated 17 March 2015, recommending approval of an ETP to retain his SLRP incentive. The IAARNG G-1 stated the SLRP manager issued an SLRP pre-approval memorandum for the applicant on 8 March 2013 when he joined the IAARNG. When he went to the MEPS to join the Army National Guard, his recruiter forgot to include his SLRP pre-approval memorandum in his paperwork. Therefore, he did not receive the option to enlist for the SLRP. On 22 May 2014, a manual control number for the SLRP incentive was requested for the applicant through NGB, which was approved on 18 August 2014. The applicant enlisted in the IAARNG in good faith and has been in good standing ever since. 6. He was promoted to sergeant/E-5 effective 21 September 2015. 7. On 17 November 2015, NGB disapproved his request for an ETP to retain the $50,000.00 SLRP incentive and stated: a. The applicant did not contract for the incentive at the time of enlistment which violates Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2. a. The ARNG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive without recoupment effective the date of the applicant's enlistment. REFERENCES: Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2, governs repayment of unearned portions of bonuses and other benefits. a. Section 0201 (General Provisions) provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. Conditions under which repayment will not be sought are set forth in section 0202. b. Section 0202 (Repayment and Non-repayment Conditions) provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States DISCUSSION: 1. The applicant requests retention of the SLRP incentive offered to him in 2013 at the time of his enlistment in the IAARNG. 2. Although his enlistment agreement does not list the SLRP incentive, it appears he met the requirements for the incentive based on the following evidence: a. NGB issued a pre-approval authorization memorandum for the SLRP, dated 8 March 2013, showing eight of his student loans in the amount of $20,832.00 were valid for repayment under the ARNG SLRP. b. He enlisted in the IAARNG on 14 March 2013. c. On 22 May 2014, the IAARNG requested a manual control number for the SLRP incentive for the applicant, which was approved by NGB on 18 August 2014. 3. On 25 August 2014, the IAARNG identified a discrepancy in that he was not issued an SLRP addendum. 4. In November 2015, NGB disapproved his request for an ETP to retain the SLRP incentive because he did not contract for the incentive at the time of his enlistment. 5. Notwithstanding the NGB memorandum denying him an ETP to retain the SLRP incentive based on the absence of an SLRP addendum, it is the service representative's responsibility to know and administer the current policy guidance, not the inbound Soldier's. The applicant is being denied the SLRP incentive based on administrative errors, not his eligibility. 6. He has completed almost 4 years of ARNG service to date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001322 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001322 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2