BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001673 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: 7 September 2017 DOCKET NUMBER: AR20160001673 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: 7 September 2017 DOCKET NUMBER: AR20160001673 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, as an exception to policy (ETP), that he be allowed to retain his Student Loan Repayment Program (SLRP) eligibility. 2. The applicant states he served in military occupational specialty (MOS) 42A (Human Resources Specialist) for 5 1/2 years. He honored the contract he signed. He transferred to South Carolina for his family and work. He had to reclassify into MOS 12N (Horizontal Construction Engineer) to be able to occupy a valid position in the Army National Guard (ARNG) where he was not carried in an excess status. Due to transportation issues, he transferred for job stability. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. On 22 September 2009, the applicant enlisted in the Minnesota ARNG (MNARNG) for a 6-year term; his expiration term of service (ETS) date was established as 21 September 2015. 2. The applicant signed a National Guard Bureau (NGB) Form 600-7-5-R-E (DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum), on 22 September 2009. a. He acknowledged that his SLRP eligibility would be terminated without recoupment if he: * became an unsatisfactory participant * voluntary transferred out of his contracted MOS * failed to extend his enlistment for time served in the Inactive National Guard (ING) within 30 days of returning to his unit * exceeded maximum time in the ING * accepted a military technician position * separated from the ARNG for any reason b. His SLRP Addendum does not list a bonus control number (BCN). 3. Orders 0280013, issued by the Military Entrance Processing Station (MEPS), Fort Snelling, MN, dated 7 October 2009, show the applicant was ordered to initial active duty for training and instructed to proceed from his current home address on 3 November 2009 and report to Fort Jackson, SC, on 4 November 2009. After completion of basic training, he was to report to advanced individual training for qualification in MOS 42A. 4. On 21 April 2010, the applicant completed the training requirements and he was awarded MOS 42A. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was returned to the control of the MNARNG. 5. The applicant's record is void of reassignment orders that transferred him from the MNARNG to the SCARNG. However, it appears this reassignment occurred in 2014, prior to the month of June. It is also unclear what MOS he was assigned in the SCARNG; however, there is no evidence he was assigned in an MOS 42A position. 6. The applicant signed a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) on 13 June 2014, thereby extending his ETS date for a period of 1-year, establishing a new ETS date of 21 September 2016. Additionally, he agreed to remain a member of the SCARNG during the entire period of the extension. 7. Orders 212-805, issued by SCARNG on 31 July 2015, show the applicant's primary MOS was changed from 42A to 12N effective 1 May 2015. 8. It appears the applicant requested an ETP to retain his eligibility for the SLRP. An NGB memorandum, dated 15 October 2015, subject: Request for ETP for [applicant], shows an ETP to retain the $50,000 SLRP was disapproved due to the following discrepancies/reasons: * he voluntarily transferred out of the contracted MOS in violation of Department of Defense Instruction (DODI) 1205.21 (Reserve Components Incentive Programs Procedures), paragraph 6.6.2 * the contract/bonus addendum was obsolete, in violation of ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-06 * his bonus control number was requested after the date of enlistment 9. The NGB Memorandum, dated 15 October 2015, also notes his contract shows he enlisted in the MNARNG, Unit Identification Code (UIC) Y6KAA, in MOS 42A. He signed the SLRP agreement on 22 September 2009. 10. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged from the ARNG and was transferred to the U.S. Army Reserve Control Group (Annual Training) on 21 September 2016. He completed a total of 7 years of total ARNG service, and his primary MOS is listed as 12N. REFERENCES: 1. Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reserve Component members who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility by being separated from his or her unit. 2. DODI Number 1205.21 prescribes policy and procedures for management of Reserve Component incentive programs, including the SLRP. Paragraph 6.6.1. provides that persons who move from one location to another may continue incentive eligibility if they remain in the Selected Reserve of the same Military Department and are assigned to an incentive-eligible unit or incentive-eligible critical skill, as appropriate. Each Military Department shall endeavor to transfer an incentive recipient who moves to a new location into a similar Selected Reserve unit or one that can make use of the skill. DISCUSSION: 1. The applicant requests an ETP to retain his eligibility for payment of his loans under the SLRP. He contends he transferred to the SCARNG due to his family and job stability. 2. The applicant enlisted in the MNARNG on 22 September 2009. He completed an NGB Form 600-7-5-R-E, whereby he acknowledged he was agreeing to serve in MOS 42A for 6 years. 3. The evidence of record shows he contracted for the SLRP incentive in MOS 42A, while assigned to an incentive eligible position in the MNARNG. Prior to completion of his 6-year contracted obligation, he voluntarily transferred to the SCARNG. In doing so, he was transferred from the UIC for which the SLRP incentive was approved. Additionally, he was reclassified from MOS 42A to MOS 12N; however, MOS 12N was not the MOS he contracted for to receive the SLRP incentive. Consequently, his SLRP eligibility was terminated; however, no recoupment was directed. 4. Regulatory guidance provides persons who move from one location to another may continue incentive eligibility if they remain in the Selected Reserve of the same Military Department and are assigned to an incentive-eligible unit or incentive-eligible critical skill, as appropriate. There is no evidence the applicant attempted to be reassigned to an MOS 42A position within the SCARNG. The evidence of record confirms he was reclassified into MOS 12N on 1 May 2015; therefore, he did not fulfill his 6-year agreement in the critical skill contracted MOS. 5. The applicant notes he served the majority of his service within MOS 42A. However, he did not serve the entire 6-year commitment in MOS 42A because he moved for his family and job security. His NGB Form 22 shows he served a total of 7 years in the ARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011971 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001673 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2