BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160009847 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 15 March 2018 DOCKET NUMBER: AR20160009847 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 reinstatement of her Student Loan Repayment Program (SLRP) incentive received for her enlistment in the Arizona Army National Guard (AZARNG). 2. The applicant states, in effect: a. She enlisted in the AZARNG on 16 November 2011 so that she could participate in the Federal Officer Candidate School (OCS) Commissioning Program (military occupational specialty (MOS) 09S). She understood that, when she graduated, she would be required to submit paperwork annually to retain her SLRP. b. After graduating from OCS, she contacted Captain F__, Officer Recruiting, and was assigned to an incentive-eligible unit. Because she signed her enlistment contract before being assigned to the incentive-eligible unit, she was assured her SLRP incentive would not be connected to a critical paragraph and line number or to a unit. c. In September 2015, she was hired for a 3-year Active Duty for Operational Support (ADOS) Human Resources Officer position in an AZARNG unit that was not eligible for incentives. In February 2016, she was notified she was no longer qualified for her SLRP incentive. She was not aware the positions in this non- incentive unit were excess and that they did not qualify for incentives; had she known, she would have reconsidered applying. However, this ADOS position was designed to broaden skills and return Soldiers to their respective units with this experience; she has gained invaluable knowledge from this assignment. d. She appealed to the National Guard Bureau (NGB) but her request for an exception to policy (ETP) was denied. She states she will be transferring back to an incentive-eligible unit upon completion of the 3-year tour and will be employing the skills she has learned. She, in effect, requests reinstatement of her SLRP despite the fact she transferred to a non-incentive unit. Losing SLRP or leaving her ADOS position would result in immediate financial hardship for her and her family; she would be losing her full-time job, medical care, and her $50,000 SLRP. 3. The applicant provides copies of NGB and AZARNG memoranda, both dated 2 May 2016. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the AZARNG on 16 November 2011. That same date, she signed: a. Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment (Guard Annex) in which she affirmed the enlistment option she had selected required her to be a member of an ARNG unit for a period of 6 years. In addition, she was assured she would attend the school course for 09S Commissioned Officer Candidate and acknowledged she would serve in her assigned unit for the remaining period of her enlistment. b. Enlisted Loan Repayment Program Addendum – ARNG of the United States (Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States): (1) Section III (Acknowledgement) included the statement that she was enlisting into a valid incentive eligible position and would remain in the authorized position for her entire service obligation. This section also included additional instructions for Non-Prior Service/Prior Service 09S (Officer Candidate) applicants in which she affirmed she was: * enlisting into the ARNG under the 09S option for a service obligation of either a 6x2 or 8x0 for an SLRP incentive of up to $50,000 * required to complete Basic Officer Leadership Course (BOLC) within 24 months of OCS completion (2) Section IV (Contractual Commitment) included the statement she agreed to serve in the Selected Reserve of the ARNG for not less than 6 years. (3) Section VIII (Termination without Recoupment) stated, along with other requirements, that termination of eligibility for the SLRP would occur in the event the applicant voluntarily moved to a non-bonus unit. (4) Section XII (Continued Receipt of Incentives) confirmed enlisted Soldiers who entered a commissioning program and/or accepted an appointment or commission as an officer in the Selected Reserve could continue to receive SLRP payments as long as they remained otherwise qualified. 2. On 23 August 2012, she successfully completed OCS. 3. On 21 September 2012, she was honorably discharged (as an enlisted member) from the AZARNG so that she could accept a commission. 4. AZARNG Orders Number 279-602, dated 5 October 2012, appointed the applicant as an Adjutant General's Corps second lieutenant and she executed her oath of office on 21 September 2012. NGB Special Orders Number 97 AR, dated 12 April 2013, Federally recognized her appointment effective 21 September 2012. 5. Her service record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 20 August 2013, showing she successfully completed AG BOLC. 6. AZARNG Orders Number 077-615, dated 18 March 2014, promoted her to first lieutenant (1LT) effective 21 March 2014. NGB SO Number 86, dated 7 April 2014, Federally recognized her promotion to 1LT with an effective date of 21 March 2014. 7. AZARNG Orders Number 244-613, dated 1 September 2015, transferred the applicant from the incentive-qualified unit to which she was assigned to a non- incentive eligible unit, effective 8 September 2015. The order indicated the reason was due to the applicant's request, and, under additional instructions, the line listed as "SRIP" stated "No." 8. AZARNG Orders Number 117-643, dated 26 April 2016, transferred the applicant from the non-incentive-eligible unit back to the incentive-qualified unit to which she had been initially assigned. The effective date was 1 April 2016, and was based on the applicant's request. Under additional instructions, the line listed as "SRIP" stated "No." 9. AZARNG Orders Number 120-606, dated 29 April 2016, promoted the applicant to captain (CPT) effective 28 April 2016. 10. The applicant provides: a. Memorandum, dated 2 May 2016, subject: Second Review Request for ETP for SLRP [applicant] (This ETP supersedes the ETP request dated 8 March 2016), in which the NGB denied the applicant's request for an ETP because she voluntarily transferred out of the SLRP-eligible unit to which she had been assigned. The State Incentive Manager was directed to terminate the incentive with recoupment effective the date of the transfer. b. AZARNG memorandum, dated 2 May 2016, subject: Notification of Incentive Eligibility Termination, advised the applicant her SLRP incentive had been terminated effective 8 September 2015; no recoupment was associated with the termination. 11. NGB SO Number 250 AR, dated 30 November 2016, Federally recognized the applicant's promotion to CPT; the effective date was listed as 14 November 2016. 12. AZARNG Orders Number 027-642, dated 27 January 2017, transferred the applicant from her incentive-eligible unit back to the non-incentive qualified unit to which she was earlier assigned. This transfer was due to the applicant's request. The line listed as "SRIP" under additional instructions stated "No." 14. The U.S. Army Human Resources Command Soldier Management System database indicates the applicant is currently serving in an Active Guard/Reserve status. REFERENCES: 1. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. Payments will be made for each year of satisfactory service in the Selected Reserve. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive. 2. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999, with updates, outlines procedures for Reserve Component incentive programs. As a condition of receipt of an incentive, each recipient will be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated. 3. ARNG SRIP for Fiscal Year 2011 (FY11) provided recruiting incentives to help fill critical shortages. a. With regard to the SLRP: * the Soldier must remain in an authorized position for their entire service obligation * on the date of commission, the officer must be the primary position holder for a specific paragraph and line number b. Paragraph 21 (Termination with Recoupment) states recoupment will occur for Soldiers who voluntarily transfer out of the critical skill position for which the incentive was approved. DISCUSSION: 1. The evidence of record indicates the applicant was eligible for the SLRP incentive and otherwise completed her contractual requirements, to include completion of BOLC within 24 months of commissioning. However, she lost eligibility. * in section III of her contract, the applicant acknowledged she would remain in an authorized position for the entire term of her service obligation * section VIII of her contract stated her SLRP would be terminated without recoupment if the applicant voluntarily moved to a non-bonus unit * AZARNG Orders Number 244-613, dated 1 September 2015, transferred the applicant from the incentive-qualified unit to which she had been assigned to a non-incentive eligible unit, effective 8 September 2015 (2 years, 9 months, and 24 days after her enlistment) 2. On 2 May 2016, the NGB denied the applicant's request for an exception to policy due to her transfer to a non-incentive eligible unit. The NGB directed termination and recoupment effective the date of her transfer. a. The ARNG SRIP guidance in effect at the time required recoupment for Soldiers who voluntarily transferred out of the critical skill position for which the incentive was approved. b. The applicant's contract specifically stipulated in Section VIII (Termination without Recoupment) that, while voluntary transfer to a non-bonus unit terminated the incentive, recoupment was not required. c. On 2 May 2016, the AZARNG advised the applicant her SLRP was terminated effective the date of her transfer, but indicated recoupment was not associated with this termination. d. The conflicting guidance could be viewed as a basis for modifying NGB’s denial of her request for an exception to policy to reflect the terms of her contract, i.e., that termination of her SLRP was terminated effective the date of her transfer to a non-bonus unit, but without recoupment. BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160009847 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 and Army National Guard records of the individual concerned be corrected by amending the National Guard Bureau’s exception to policy denial to show recoupment of the applicant's Student Loan Repayment Program (SLRP) incentive was not required. 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 reinstatement of her SLRP incentive. 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) AR20160009847 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009847 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2