BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160002035 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x_____ ___x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160002035 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an exception to policy was approved authorizing the applicant to receive the Student Loan Repayment Program (SLRP) incentive from his enlistment on 25 June 2013 until his withdrawal from his State's officer candidate school effective 1 June 2015. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to extending his SLRP eligibility beyond 1 June 2015 and amending the effective date of his reduction from staff sergeant to specialist four. _____________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: 14 November 2017 DOCKET NUMBER: AR20160002035 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: a. Reversal of a decision to deny his request for a Student Loan Repayment Program (SLRP) exception to policy (ETP), as well as the issuance of a bonus control number so he can receive this bonus. b. In effect, amending the effective date of his reduction in rank/grade from staff sergeant (SSG)/E-6 to specialist four (SPC)/E-4 to 1 June 2015, vice 19 September 2014. 2. The applicant states, on 25 June 2013, he enlisted in the Wisconsin Army National Guard (WIARNG), based on an agreement to enlist in military occupational specialty (MOS) 09S (Commissioned Officer Candidate), he was eligible for the SLRP. a. On 19 June 2013, prior to enlistment, the SLRP manager for his ARNG unit submitted an SLRP request. This request was reviewed that same day by the WIARNG State Incentive Manager and a pre-approval memorandum was issued. His recruiter uploaded the National Student Loan Data System (NSLDS) printouts into the Guidance Counselor Resource (GCR) system. The files were so large, his recruiter had to upload the data in two separate files. The recruiter also gave him a folder that contained a hard copy of the pre-approval memorandum, along with all of the NSLDS printouts, which he was to bring with him to the Military Entrance Processing Station (MEPS). b. He signed his enlistment contract on 25 June 2013 with the understanding he would receive the SLRP after 1 year of being enrolled in Officer Candidate School (OCS). Due to procedural and administrative errors, this incentive was not included in his contract at the MEPS. c. He started OCS, Phase 0 in April 2014; Phase I began on 1 June 2014. He broke his foot during training and this injury forced him to medically drop from his OCS class. It was only after he returned from OCS that he learned the SLRP incentive had not been included in his contract. (1) He called the OCS manager, while driving from the OCS training location to Fort McCoy, WI, to inform her of his injury and that he had been removed from the class. The applicant notes, by this point, he had completed the 1-year enrollment requirement. (2) Later during the drive to Fort McCoy, the OCS manager informed him she had spoken with the WIARNG State Incentive Manager and discovered his SLRP incentive contract/control number was never validated. This was the first time he learned of this; both he and the OCS manager believed he was eligible for and would receive the SLRP. d. The OCS training unit incorrectly released him from attachment and, in so doing, he was inappropriately reduced from the rank of SSG to SPC [he had been promoted to SSG while in an officer candidate status]. The applicant asserts, this was not correct because he was supposed to remain in the program and be allowed time to heal. He had planned to attend the next OCS class, which would start in May 2015. e. In December 2014, he started a new job with a university public safety office; on 1 May 2015, the security force of which he was a part became a police department. He was one of ten who were eligible to be immediately sworn in as a police officer. (1) He knew his new position involved working overtime and he would no longer be able to devote the time needed to complete OCS assignments between drill weekends. He decided the WIARNG's OCS program was not right for him and he decided to drop out. (2) He intended instead to wait until he qualified for the accelerated OCS program. This program required him to become attached to a unit for 6 months, serving as an enlisted Soldier. (3) He found a "hard slot" as a Forward Observer (also listed as Fire Support Specialist) in military occupational specialty 13F and shipped to advanced individual training (AIT) in October 2015; this was within the required 6 months for the SLRP. His departure to AIT, however, exceeded the 2-year enlistment rule because the WIARNG ran out of funding. He was given a waiver for the 2-year requirement. f. He contended he had fulfilled all of the commitments needed to qualify for the SLRP, in effect affirming he should retain eligibility. 3. The applicant provides: * email correspondence, dated between 6 June and 24 June 2013 * extract ARNG Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 2013 (FY13), effective 1 January 2013 through 30 September 2013 (Policy # 13-01), dated 29 November 2012 * memorandum, dated 25 February 2015, Subject: Request for ETP for SLRP [applicant] * 3-page printout from the Strength Maintenance Management System (SMMS) * memorandum for record (MFR), dated 13 June 2013, Subject: OCS Enlistment Option Acceptance for [applicant] * one page printout from the GCRC (Guidance Counselor Resource Center), dated 4 June 2014 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 June 2013 * NGB (National Guard Bureau) GIMS (Guard Incentive Management System), SLRP Pre-Approval Authorization Memorandum, Subject: ARNG SLRP Title IV Student Loans Approval, dated 19 June 2013 * 17 pages printed from the NSLDS, dated 17 June 2013 * two DA Forms 2823 (Sworn Statement), dated 19 June and 1 July 2014, respectively * memorandum, dated 11 July 2014, Subject: Request for ETP for [applicant] * memorandum, dated 23 June 2014, Subject: Request for ETP * MFR, dated 11 July 2014, Subject: SLRP [applicant] * Congressional correspondence, dated between January and February 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the WIARNG on 25 June 2013 for a term of 6 years. 2. His official military personnel file includes the following relevant documents: a. DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 25 June 2013 reflecting the following: (1) Item 32 (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees): * subsection a (Specific Option/Program Enlisted For) – lists a WIARNG unit into which he enlisted and that he was enlisting in the ARNG Standard Training Program for MOS 13F * subsection b states, "I fully understand that I will not be guaranteed any specific military skill or assignment to a geographical area except as shown in item 32a above, and attached to my…. (DD Form 4 (Enlistment/Reenlistment Document))" (2) Section VI – Remarks, shows: * DMOS (Duty MOS) – 13F * PMOS (Primary MOS) – 13F * "I have been counseled on all SRIP/GI Bill programs" * "If eligible, I accept only the following: GI Bill, GI Bill Kicker, Enlistment Bonus, CASP (Civilian Acquired Skill Program) Bonus, (and) Affiliation Bonus" b. Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment) indicates the following: * the applicant enlisted for a specific ARNG unit * "I am enlisting for Program E – Enlistment" * "I have been assured of attending the school course for MOS 13F Fire Support Specialist" c. MEPS Orders Number 3294001, dated 24 September 2013, ordered the applicant to initial active duty for training (IADT), with the consent of the Governor of Wisconsin. The applicant was to report to Fort Benning, GA on 21 October 2013 for about 13 weeks of basic combat training. These orders list his MOS as 09S. d. Orders Number 321-2817, dated 17 November 2013, issued by Headquarters, United States Maneuver Center of Excellence, released the applicant from attachment to the 194th Armor Brigade, Fort Benning, and further attached him to the Infantry School, Fort Benning, to complete training in MOS 09S. His reporting date was on or about 24 January 2014. e. DD Form 220 (Active Duty Report), dated 30 December 2013, shows he entered on active duty effective 21 October 2013 to 23 January 2014; he successfully completed basic combat training (BCT). f. WIARNG Orders Number 129-1016, dated 9 May 2014, show the applicant was promoted from SPC to SSG and was awarded PMOS 09S, with MOS 09B (Unassigned Trainee) effective 28 May 2014. The additional instructions indicate The Adjutant General, Wisconsin, directed the promotion and award of the MOS. It further stated should his status as an officer candidate be terminated for any reason prior to graduation, he would revert to his former grade. g. WIARNG Orders Number 262-1006, dated 19 September 2014, show he was reduced from SSG to SPC and MOS 09S was withdrawn and replaced with MOS 09B, effective 19 September 2014. The reason was administrative. His date of rank for SPC was 21 October 2013. h. DA Form 4187 (Personnel Action), dated 1 June 2015, shows the applicant requested to renegotiate his training seat. (1) He stated the reason for his request was his withdrawal from OCS due to a medical injury and uncertainty of whether he could handle the rigors of OCS after breaking his foot during training in June 2014. (2) The applicant noted, in conjunction with his enlistment under the OCS option, he was authorized the SLRP. His SLRP control number was invalidated due to administrative errors in how the control number was obtained and the fact that he enlisted in a TDA (Table of Distribution and Allowances) unit. He further stated the denial of his ETP request (to retain the SLRP) was under appeal as of the date of his request. (3) He further acknowledged he had to leave for AIT as soon as possible because he would have 24 months’ time-in-service on 23 June 2015. (4) Section V (Certification/Approval/Disapproval) shows Lieutenant Colonel (LTC) RAM, Commander, Recruiting and Retention Battalion, approved the applicant's request on 1 June 2015. i. MEPS Order Number 5274001, dated 9 September 2015, ordered the applicant to IADT for AIT in MOS 13F, with the consent of the Governor of Wisconsin. His reporting date for training was 1 October 2015. j. Orders Number 289-346,dated 16 October 2015, issued by Headquarters, United States Army Garrison, Fort Sill, awarded the applicant MOS 13F, effective 3 December 2015. k. DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 5 December 2015, reflects completion of IADT and AIT and award of MOS 13F. This DD Form 214 shows he completed 2 months and 5 days of net active service, with 3 months and 3 days of total prior active service. 3. NGB memorandum, dated 25 February 2015, Subject: Request for ETP for SLRP [applicant] essentially denied the applicant's request for an ETP because: * a bonus addendum for the SLRP could not be located, and a review of enlistment documents could not substantiate the SLRP incentive was offered at the time of his contract * the applicant enlisted in an unauthorized TDA unit * the bonus control number was requested after the date of enlistment * the applicant transferred out of MOS 09S 4. The applicant is currently serving in the WIARNG. He was promoted to sergeant effective 29 March 2017 in MOS 13F. 5. The applicant provides an: a. MFR, dated 13 June 2013, Subject: OCS Enlistment Option Acceptance for [applicant], states, in summary, the applicant was interviewed and accepted for entrance into the State's OCS program. First Lieutenant CAP, WIARNG Officer Recruiter signed the MFR. b. NGB GIMS SLRP Pre-Approval Authorization Memorandum, dated 19 June 2013, Subject: ARNG SLRP Title IV Student Loans Approval, showing the applicant had three qualifying loans, totaling $40,238. He had to meet all program requirements as stipulated in law and regulation, and needed to enlist within 90 days from the date of the pre-approval memorandum. SSG JZ is shown as having approved/validated the pre-approval. c. Email message, dated 6 June 2014, prepared by Captain (CPT) DJC, Education Services Officer, WIARNG, that essentially reiterates the NGB's SRIP policy for FY13. Clarifying comments have been added that highlight the requirement for 09S SLRP recipients to be enlisted into a manually created 09S vacancy, and stated the MEPS guidance counselor had to request an override from the Request Operations Center (ROC), otherwise the SLRP incentive would not be included as part of the enlistment packet. The comments go on to state, if the SLRP was not on the applicant's contract, it was because the MEPS guidance counselor failed to obtain the override; the applicant was not at fault. d. DA Form 2823, dated 1 July 2014 and prepared by Sergeant JDN, essentially states: * he was the recruiter who enlisted the applicant * he met with the applicant in May 2013, reviewed his documents, and told the applicant he was eligible for the OCS program and, with that, the SLRP * on 19 June 2013, he sent the applicant's information to SSG AW to process the SLRP request; SSG AW, in turn, submitted the applicant's information to SSG JZ, who generated a pre-approval memorandum * he then placed all of the SLRP documentation into a pocket in the folder the applicant was to take to the MEPS * on 19 June 2013, he also requested a control number, but he did not get a response; he sent a second request on 20 June 2013 and he was sent a control number * the applicant first tried to enlist on 24 June 2013, but was placed in a holdover status; he enlisted the next day * on 26 June 2013, Mr. S emailed him and asked if the applicant was getting the SLRP; when he responded affirmatively, Mr. S said the bonus addendum was missing; Mr. S told the writer to contact the MEPS * he sent an email to the MEPS asking for help to resolve this issue; he did not recall to whom he sent the email and did not keep a copy * he affirmed he had uploaded all required documents and ensured the SLRP documents were in the applicant's folder REFERENCES: 1. ARNG SRIP Guidance for FY13, effective 1 January 2013 through 30 September 2013, (Policy Number 13-01), dated 29 November 2012, established policy to administer ARNG incentives for the stated period. Paragraph 17 (SLRP) provides specific requirements for those receiving the SLRP. a. Paragraph 17 (SLRP) provided specific requirements for those receiving the SLRP, and included the following: * the recipient had to have one or more qualifying and disbursed Title IV Federal loan(s) that were not in default at the time of enlistment; the loans had to be listed on the NSLDS website * loans had to have been disbursed prior to enlistment and were required to be at least 1-year old on the anniversary date of the contract * a total of $50,000 was the lifetime maximum amount for the SLRP/09S program * under no circumstances could the MEPS guidance counselor execute an SLRP/09S contract without the GIMS SLRP approval memorandum from the State incentive manager or SLRP manager * the following documents were required to be uploaded: NSLDS Aid Summary website sheet; NSLDS Detailed Loan Information sheet; non-NSLDS promissory notes and disbursement sheets * an 09S recipient had to enlist into a manually created 09S vacancy and receive an 09S SLRP override prior to the training reservation being pulled b. An 09S SLRP recipient had to meet the following requirements: * would not be authorized any enlisted SRIP incentive and would not be eligible for the officer accession bonus once commissioned * the recipient had to enlist for a minimum of 6 years into a manually-created 09S vacancy and receive an 09S SLRP override in REQUEST; the MEPS guidance counselor had to request the override from the ROC * the recipient had to have an AFQT (Armed Forces Qualification Test) score of 50 or higher * the recipient had to have a minimum of 90 semester hours listed on official transcripts, or a copy of a Bachelor's degree, or higher c. Payments could not exceed $50,000, with annual repayments, including interest, not to exceed $7,500. Each individual loan had to be at least 1-year old on the anniversary date of the enlistment. Anniversary SLRP payments could not exceed 15 percent, or $500 (whichever was greater) of the initial disbursed amounts that was approved on the date of enlistment. d. The 09S SLRP was subject to suspension if the candidate withdrew from the OCS program and did not become DMOSQ (duty MOS qualified) in an enlisted MOS. The Soldier had to start AIT within 180 days upon withdrawal from OCS; the suspension was to be lifted upon becoming DMOSQ. e. Termination of SLRP without recoupment applied to Soldiers who had a break in service, had failed to complete BCT (if a prior service Soldier who was required to do so by contract), an Army Medical Department officer (upon his/her appointment), or a Soldier with a DD Form 4 completed either before or after the date of enlistment. f. The SLRP was terminated with recoupment for 09S recipients when the candidate failed to earn a commission or to become DMOSQ upon withdrawal from OCS. 2. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, require each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive payments shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 3. AR 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribes enlisted promotions and reductions for all components. a. Paragraph 7-15 (Promotion to Enter Training Programs) states Soldiers will be promoted to SSG (with the title of Candidate) 1 day before they enter candidate status upon enrollment in the ARNGUS OCS. Promotions under this paragraph are only valid for the purpose for which they were awarded. The Soldier will be administratively returned to their pre-appointment grade upon release from such status. These grades are not valid for future determinations of grade or grade to be held after release from status. b. Paragraph 10-16 (Reductions for Failure to Complete Training) states Soldiers appointed to higher grades on entering or while attending a service school and who fail to complete the course successfully may be reduced. This includes officer candidates, who will be reduced to a grade no lower than that held on entry into the course. The reduction authority is the school commandant. DISCUSSION: 1. The applicant's enlistment documents do not show he enlisted for the OCS program, nor do they indicate he was to receive the SLRP incentive as part of his enlistment. Instead, they reflect he enlisted for MOS 13F. His record, however, contains documents that support his claim he participated in the WIARNG's OCS program: * MEPS Orders Number 3294001, dated 24 September 2013, ordered the applicant to IADT and listed his MOS as 09S * WIARNG Orders Number 129-1016, dated 9 May 2014, show the applicant was promoted from SPC to SSG, awarded PMOS 09S, and his status is reflected as an officer candidate * DA Form 4187, dated 1 June 2015, shows the applicant requested to withdrawal from OCS and his battalion commander approved the request on 1 June 2015 * DD Form 214, ending 5 December 2015, shows the applicant completed AIT and was awarded MOS 13F 2. In addition, the applicant provides evidence that shows he was accepted into the WIARNG OCS program and, due to no fault on his part, his entry into the WIARNG OCS program and his eligibility for the SLRP bonus addendum were not included as part of his enlistment. * MFR, dated 13 June 2013, Subject: OCS Enlistment Option Acceptance for [applicant] shows he was accepted into the WIARNG OCS program * DA Form 2823, dated 1 July 2014, prepared by his recruiter, affirms the recruiter took appropriate steps to ensure he received the SLRP * an email from the WIARNG Education Services Officer indicates the absence of the SLRP bonus addendum can be attributed to the MEPS guidance counselor failing to request an override from the ROC 3. Based on the foregoing, and contrary to what is stated in his enlistment documents, it appears he enlisted into the WIARNG OCS program and was eligible to receive the SLRP. The fact that neither OCS nor the SLRP were noted on his enlistment documents was apparently due to administrative errors that were beyond his control. The evidence indicates he would have been otherwise eligible from the date of enlistment until he was no longer in an officer candidate status. 4. With regard to his reduction from SSG to SPC as a result of not completing OCS, regulatory guidance indicates promotion to the rank of SSG is based on entry into OCS. When an officer candidate is unable to complete the course, for whatever reason, he/she is reduced to the rank held at the time of course entry. The applicant's reduction appears to be in compliance with the regulation that was in effect at the time and there is no indication of an error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002035 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2