IN THE CASE OF: BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160005370 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. 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: 2 November 2017 DOCKET NUMBER: AR20160005370 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :AIR :RAS :RML DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160005370 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 reversal of the National Guard Bureau's (NGB) decision to deny his request for an exception to policy (ETP) to retain the Indiana Army National Guard (INARNG) Student Loan Repayment Program (SLRP) incentive. 2. The applicant states: * he enlisted as an 09S (Officer Candidate) in May 2014; he chose a 6-year contract over a 4-year contract to get the SLRP incentive * he had orders to Officer Candidate School (OCS) and he was required to appear before the State Federal Recognition Board (FRB) * the FRB found him unfit to be a commissioned officer and his OCS orders were revoked * in December 2014, he was transferred to the 38th Infantry, in a Military Intelligence specialty; he submitted the SLRP request in May 2015, but it was denied * he submitted an ETP request to the NGB and it was also denied, due to failing to attend OCS or being in a military occupational specialty qualified (MOSQ) position * since assignment to the 38th Infantry, he has been waiting for orders to attend training to become MOSQ in 38F, but due to funding issues, he has not received orders * the SLRP incentive was denied due to reasons that were completely outside his control; he did not choose to withdraw from OCS and he did not choose to be in a non-MOSQ position 3. The applicant provides: * NGB ETP denial memorandum, dated 2 November 2015 * State Education Services Officer Notification of ETP denial * NGB Form 89 (Proceedings of a Federal Recognition Examining Board) * DD Form 4 (Enlistment/Reenlistment Document) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) for 8 years on 1 June 2005. His DD Form 1966 (Record of Military Processing-Armed Forces of the United States) shows he enlisted for training in MOS 63B (Light Wheel Vehicle Mechanic) and assignment to the 801st Combat Support Hospital, Indianapolis, with 2 incentives: * Non-Prior Service Enlistment Bonus ($7,000) * Student Loan Repayment Program ($20,000) 2. He entered active duty for training (ADT) on 13 June 2006, he completed the training requirements and he was awarded MOS 63B. On 25 August 2006, he was released from ADT to the USAR. 3. On 19 March 2007, he was released from his current assignment for enlistment in the INARNG for an unknown term of service. He completed training in MOS 11B (Infantryman) from 12 July through 26 July 2008 and he was awarded the MOS. 4. He was discharged from the INARNG on 1 October 2009 for enlistment in the USAR for 4 years on 2 October 2009. 5. He was honorably discharged from the USAR on 1 October 2013 due to expiration of term of service. 6. He again enlisted in the INARNG for a 6-year term on 22 May 2014. His official military personnel file includes the following relevant documents: a. DD Form 1966, dated 22 May 2014 reflects in: (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 an INARNG unit (Company B, 38th Infantry) for which he was enlisting. He was also enlisting in the ARNG for 6 years, in MOS 09S, for the $50,000 SLRP option; and 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...." (2) Section VI – Remarks, show Enlistment Option, 1st MOS: 09S, paragraph 204, Line 5, United Identification Code (blank). b. Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment) indicates the applicant enlisted for a specific ARNG unit (Company B, 38th Infantry), and the entry "I have been assured of attending the school course for MOS 09S (Commissioned Officer Candidate). d. Annex L (SLRP Addendum - ARNG) to DD Form 4 (Enlistment/ Reenlistment Document) that shows he was not eligible to receive other Selected Reserve Incentive Program (SRIP) incentive simultaneously with his 09S SLRP incentive and he must fill a valid unit vacancy position and enlist into either an enlisted or an officer position. He furnished SLRP supporting documents (Department of Education National Student Loan Data System (NSLDS)) in order to validate his eligibility for the 09S SLRP incentive. He had 3 disbursed loans existing in the amount of $16,723. The total amount of repayment for qualifying loans would not exceed $50,000 with annual repayment of 15 percent of the original balance of the loan(s) plus accrued interest. The Addendum also states: * he must complete the Basic Officer Leadership Course within 24 months upon successful completion of PCS (permanent change of station) * the 09S SLRP incentive may be suspended if he failed to complete OCS within 1 year of enlistment, or failed to accept a commission as a second lieutenant within 3 years of enlistment, or if he withdraws from OCS and did not become DMOSQ in any vacant enlisted MOS * the 09S SLRP incentive would be terminated with recoupment if he failed to earn a commission or become DMOSQ and was discharged from the ARNG, or if he failed to become qualified in an enlisted MOS after withdrawal from OCS; or if he failed to accept a commission within 3 years of enlistment into the ARNG 7. On 8 August 2014, Joint Forces Headquarters, INARNG, published Orders 220-1138 reassigning him to an Intelligence Analyst position in Company B, 38th Infantry Division, effective 1 August 2014. 8. On 29 October 2014, an FRB was convened by the INARNG. The Proceedings show the FRB found the applicant physically, morally, generally, and professionally not qualified for the appointment sought. The FRB recommended he not be granted Federal recognition. 9. On 28 September 2015, the applicant was assigned to an enlisted Intelligence Analyst position in MOS 35F within Company B, 38th Infantry Division (Rear). 10. It appears following the FRB's finding of "Not Qualified" and following the revocation of his OCS orders, the applicant submitted an ETP request to the NGB to retain the SLRP incentive. 11. On 2 November 2015, the NGB denied his ETP request. An NGB official referenced the ARNG SRIP Policy for Fiscal Year (FY) 13 (Policy Number 013-01), effective 1 January 2013, and stated: a. An ETP to retain the $50,000 SLRP was disapproved for the discrepancy that the applicant failed to be placed in a DMOSQ position as a prior service Soldier upon disenrollment from OCS, which violates Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) b. The applicant enlisted on 13 May 2014 for Unit Identification Code WPPCBO in MOS 09S, for a contracted loan addendum/agreement amount of $50,000. He is currently serving in MOS 35F. c. The discrepancy violates a DODI and 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 withdrawal from OCS. 12. According to the applicant's records and his State Incentives Manager, the applicant remains unqualified in MOS 38F as of 1 September 2017. 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. 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 was 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 memo from the State incentive manager or SLRP manager * 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 * 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 be request the override from the ROC * had to have an AFQT (Armed Forces Qualification Test) score of 50 or higher * 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 were 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 training within 180 days upon withdrawal from OCS; the suspension was to be lifted upon becoming DMOSQ. e. 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. DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires 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 amounts 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. DISCUSSION: 1. The applicant enlisted in the INARNG for the OCS program. His enlistment agreement promised him an SLRP incentive, contingent upon meeting several criteria. He did not meet all criteria. 2. Although he was issued orders to attend an OCS program, his orders were apparently revoked once the State FRB found him physically, morally, generally, and professionally "Not Qualified" for the appointment sought. The FRB recommended he not be granted Federal recognition. 3. His agreement stipulated the 09S SLRP incentive may be suspended if he failed to complete OCS within 1 year of enlistment, or failed to accept a commission as a second lieutenant within 3 years of enlistment, or if he withdrew from OCS and did not become DMOSQ in any vacant enlisted MOS. It also stipulated the 09S SLRP incentive would be terminated with recoupment if he failed to earn a commission or become DMOSQ and was discharged from the ARNG, or if he failed to become qualified in an enlisted MOS after withdrawal from OCS; or if he failed to accept a commission within 3 years of enlistment into the ARNG. 4. The applicant did not attend OCS or became MOSQ in any commissioned officer branch because he was not found qualified to be a commissioned officer. Additionally, he has not become DMOS in an enlisted MOS because he has not attended any formal schooling for an enlisted MOS. 5. The termination of his SLRP incentive appears to be in compliance with the regulation/policy that was in effect at the time and there is no indication of an error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005370 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005370 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2