IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160006502 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 7 June 2018 DOCKET NUMBER: AR20160006502 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, correction of his record by: a. showing an exception to policy (ETP) was approved, thereby allowing him to retain his eligibility for the Enlisted Loan Repayment Program (ELRP) incentive; b. deleting from his official military personnel file (OMPF) the incorrectly filed National Guard Bureau (NGB) Form 600-7-5-R-E (Student Loan Repayment Program (SLRP) Addendum – Army National Guard (ARNG)), with an edition date of 19 October 2010 and signed on 16 November 2010; and c. adding to his OMPF the correct NGB Form 600-7-5-R-E (ELRP Addendum – Army National Guard of the United States (ARNGUS)), with an edition date of 1 October 2009 and signed on 16 November 2010. 2. The applicant states, in effect: a. When he enlisted, he trusted his recruiter and the people processing his contract to ensure and verify that his enlistment documents were properly completed. However, the bonus control number (BCN) was incorrectly affixed on his addendum and he had no knowledge of what was correct or not. b. At the time he signed the addendum, the person processing the document realized it was the wrong version of the addendum, as it should have had five pages. As a result, he did not sign the last page (page 4). He has provided the correct five page addendum that contains his signature. c. Unfortunately, the incorrect version of the addendum was filed in his OMPF in the interactive Personnel Electronic Records Management System (iPERMS) and that form edition that was processed by the NGB for the SLRP incentive. He submitted the corrected SLRP documents on multiple occasions since 2012 but only recently was informed by NGB of the error. The correct version should be the one with five pages, which contains his signature that he has provided with his application. 3. The applicant provides: * a one-page self-authored statement * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (ELRP Addendum – ARNGUS), pages 1-5 of 5, signed on 16 November 2010 * NGB memorandum, subject: Request for ETP for SLRP (Applicant), dated 15 March 2016 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (SLRP Addendum – ARNG), singed on 16 November 2010, labeled with black marker on top of page 1 of 4: "Incorrect from IPERMS" CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the California Army National Guard (CAARNG) on 16 November 2010. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows: a. He incurred an eight year statutory obligation upon his initial enlistment, for which he agreed to serve a period of six years in an ARNG unit, followed by two years in either the Individual Ready Reserve (IRR) or the Inactive National Guard (ING). b. He enlisted in the rank/grade of specialist (SPC)/E-4, for military occupational specialty (MOS) 09S (Commissioned Officer Candidate (OCS)). 2. In conjunction with his DD Form 4, he signed an NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum - ARNG), with an edition date of 19 October 2010. In this document, he verified he was eligible for the SLRP in the maximum amount of $50,000. He acknowledged, in pertinent part, in: a. Section V (Suspension), I understand that I may be suspended from the SLRP if I: * Fail to begin Officer producing program within one year of entering the 09S enlistment option * Commission not accepted within three years of entering the 09S enlistment option * Withdraw from OCS program and not MOSQ. Soldier must begin AIT within 180 days after withdrawal from OCS. The suspension will be lifted upon finishing AIT and becoming MOSQ b. Section VI (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, the member shall not be eligible to receive any further loan payments, except for payments for service performed before the termination date, on a pro-rated basis, in pertinent part: (1) Separation from the ARNG for any reason other than transfer to the Army Reserve. (2) Failure to begin MOS training within 180 days of withdrawal from OCS. (3) Failure to become qualified in an enlisted MOS after withdrawal from OCS. c. In addition, he initialed the form indicating his understanding of the entitlement and payments section and the termination without recoupment section. He and the service representative signed and dated the form (page 5 of 5) on 16 November 2010. This form contained the issued SLRP BCN of S10110012CA. However, another page (4 of 4), which was filed with this document in his iPERMS OMPF, did not contain his signature but did contain the SLRP BCN and the service representative's signature on 16 November 2010. 3. The applicant's record contain: a. A DA Form 4187 (Personnel Action), from the Recruiting and Retention Command, CA, dated 23 January 2012, which shows the applicant was released from OCS and the Recruit Sustainment Program, reverted back to his previous rank and MOS, and was ordered to contact his enlisted recruiter for processing effective 23 January 2012. He reverted to MOS 09B (Trainee Unassigned – Enlistee). b. A DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 August 2012, which shows was awarded MOS 35M (Human Intelligence Collector) and was released from active duty and returned to the control of Company A, 223rd Military Intelligence Battalion, CAARNG, effective 2 August 2012. 4. The applicant provides a memorandum from the Chief, Personnel Programs, Resources and Manpower Division, NGB denying the CAARNG's request for an ETP on the applicant's behalf on 15 March 2016. This memorandum states: a. An ETP to retain the $50,000 SLRP is disapproved for the discrepancies listed below. (1) Incentive addendum is missing the Soldier's signature which violates Department of Defense Instruction (DODI) 1205.21 (Reserve Components Incentive Programs Procedures), paragraph 6.2. (2) Incentive addendum contains pages from multiple addendum versions which violates ARNG Chaplin, Health Professional and Enlisted Loan Repayment Programs (CHELRP), effective 1 October 2009. (3) BCN was requested after the date of enlistment which violates ARNG CHELRP. b. The applicant's contract/agreement details: * State enlisted/accessed: CA; Unit Identification Code (UIC): P84AA * Date of agreement/enlistment: 16 November 2010 * Contracted loan addendum/agreement amount: $50,000 * Contracted AOC/MOS: 92A; Current AOC/MOS: 35M * Date DMOSQ: 30 November 1899 (sic) c. The State Incentive Manager will terminate the incentive with recoupment effective the contract start date. d. The applicant may file a claim with the Army Board for Correction of Military Records (ABCMR) in accordance with Army Regulation 15-185 (ABCMR), if there is belief that an error or injustice still exists. 5. Orders 3270-1037, issued by Joint Force Headquarters (JFH), CAARNG on 22 November 2016, show the applicant was honorably discharged from the ARNG by reason code "ER" (expiration term of service) and assigned to the U.S. Army Reserve Control Group (Annual Training) effective 15 November 2016. 6. The applicant is currently serving in the USAR Control Group (AT) in the rank/grade of sergeant (SGT)/E-5. 7. An email inquiry with the Defense Finance and Accounting Service (DFAS) showed the applicant has no current debts in the Defense Debt Management System. 8. The applicant provides a five-page ELRP Addendum, with an edition date of 1 October 2009. This addendum contains a BCN of S10110012CA and was signed by the applicant and the service representative on 16 November 2010. 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. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to counselors and reported to NGB. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)), current version, prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the official military personnel file. The AMHRR is an umbrella term encompassing human resource records for Soldiers, retirees, veterans, and deceased personnel. It includes, but is not limited to, the official military personnel file, finance related documents, and non-service related documents deemed necessary to store by the Army. It is archived in the iPERMS, which has been identified as a records management application for the Army. Only documents pertaining to a Soldier's military career will be filed in the official military personnel file. Once properly filed the document will not be removed unless directed by an authorized agency, of which the ABCMR is one. 4. DoDI 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs. Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. DISCUSSION: 1. The applicant requests correction of his record by: a. showing an ETP was approved, thereby allowing him to retain his eligibility for the ELRP incentive; b. deleting from his OMPF the incorrectly filed SLRP Addendum, with an edition date of 19 October 2010 and signed on 16 November 2010; and c. adding to his OMPF the correct ELRP Addendum, with an edition date of 1 October 2009 and signed on 16 November 2010. 2. The evidence of record shows the applicant enlisted in the CAARNG on 16 November 2010 in MOS 09S. In conjunction with his enlistment, he was eligible for the LRP incentive in the amount of $50,000. 3. The applicant was released from OCS and reverted back to his enlisted rank and MOS. In accordance with his enlistment contract, he was ordered to active duty for MOS training and on 2 August 2012, he completed training and was awarded MOS 35M. 4. His ELRP Addendum edition dated 19 October 2010, shows his entitlement to an incentive would be terminated and recouped if he failed to begin MOS training within 180 days of withdrawal from OCS and/or he failed to become qualified in an entitled MOS after withdrawing from OCS. 5. The applicant was withdrawn from OCS effective 23 January 2012 and completed MOS training on 8 August 2012, well within the established regulatory guidance. However, it is unclear whether or not MOS 35M was a bonus eligible MOS at the time. 6. The applicant contends he was told at the time he signed the addendum, the person processing the document realized it was the wrong version of the addendum (should have had five pages). As a result, he did not sign the last page (page 4), which is contained in his record along with page 5 of 5 that does contain signature and the service representative's signatures on 16 November 2010. It further contains a BCN in accordance with regulatory guidance. 7. The reason for the mixing of different NGB Form 600-7-5-R-E editions in the applicant's record is unclear; however, by regulation, the State Incentive Manager was responsible for verifying accession packets as prescribed by State policy to ensure the accuracy of bonus control numbers, as well as the accuracy and completeness of the enlistee's enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 8. The NGB's denied the CAARNG's request for an ETP on the applicant's behalf, citing an incorrect incentive addendum that included a BCN that was requested after the date of enlistment, contained pages from multiple versions, and was missing the Soldier's signature. 9. It appears the applicant accepted the incentive offer in good faith and relied upon the State Incentive Manger's expertise; therefore, the Board has the option to approve the ETP for the ELRP amount and correct his record per his contention as a matter of equity. 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 and Army National Guard records of the individual concerned be corrected by: a. correcting the applicant's National Guard Bureau Form 600-7-5-R-E (Annex L to DD Form 4 (Enlisted Loan Repayment Program Addendum – Army National Guard of the United States)) to show this form was completed and processed using the proper addendum/annex version on the date of the applicant's enlistment; the applicant and the service representative signed the form on the date of the applicant's enlistment; the Bonus Control Number was properly requested/issued on the date of the applicant's enlistment; and the form was timely received and approved by the appropriate authority. b. removing the National Guard Bureau Form 600-7-5-R-E currently filed in the applicant's record and replacing it with the corrected copy. c. paying the Enlisted Loan Repayment Program (ELRP) and as appropriate according to the stipulations provided in the Annex. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006502 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006502 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2