IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160011971 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 IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160011971 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: a. amending the applicant's records to show the National Guard Bureau cancelled recoupment actions related to Student Loan Repayment Program (SLRP) monies that were previously paid; and b. terminating all ongoing recoupment actions and refunding all previously recouped monies related to the applicant's receipt of a portion of the SLRP he contracted to receive. 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 correcting the applicant's records to show he is eligible for the SLRP he contracted for on 12 January 2012. ______________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. IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160011971 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, an exception to policy (ETP) to retain his eligibility for loan repayment under the Student Loan Repayment Program (SLRP). 2. The applicant states: a. He contracted for the SLRP when he enlisted into the Army in 2010. He enlisted in the state of Connecticut in military occupational specialty (MOS) 12C (Bridge Crewmember). In 2013, he accepted a new civilian job, which forced him to move to the state of Florida. He executed an Interstate Transfer to a new unit in Florida. b. His request for an SRLP payment in fiscal year (FY) 2013 was denied because he changed his MOS. His original MOS was not available at the time of his Interstate Transfer so he accepted an MOS 11B (Infantryman) position to complete the Interstate Transfer and fulfill the obligations of his military contract. He applied for an ETP in order to continue receiving the SLRP benefit; however, his ETP request was denied. c. The denial of his SLRP contract is unjust because SLRP is a benefit offered to all Soldiers regardless of their MOS. At the time of his Interstate Transfer, there were no MOS 12C positions available in south Florida. In order to continue his military career and remain in good standing with the Army, he had no choice but to reclassify to MOS 11B. He is in good standing with his previous and current unit. He has no flags or blemishes on his record and he is currently deployed overseas to the Horn of Africa. 3. The applicant provides: * National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L – SLRP Addendum – Army National Guard (ARNG)), dated 17 January 2012 * National Student Loan Data System (NSLDS) statement * DD Form 2475 (Department of Defense (DoD) Educational Loan Repayment Program (LRP) Annual Application), dated 7 April 2016 * a memorandum from the NGB, Arlington, Virginia, to the Florida Army National Guard (FLARNG), dated 19 May 2016, subject: Request for ETP for SLRP (Specialist (SPC) [Applicant]) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 30 December 2010, the applicant enlisted in the Connecticut ARNG (CTARNG). 3. On 24 January 2011, he completed his initial entry training and was awarded MOS 12C. 4. On 17 January 2012, he executed a DA Form 4836, thereby extending his expiration term of service (ETS) date of 29 December 2016 for a period of 2 years, thereby establishing a new ETS date of 29 December 2018. Additionally, he executed and signed an NGB Form 600-7-5-R-E, wherein he acknowledged, in pertinent part that: a. He was enlisting, affiliating, reenlisting or extending into a valid incentive eligible position, and that excess, over strength, and manually loaded vacancies were not authorized incentives. He agreed to remain in an authorized position for his entire service obligation. If extending or reenlisting, he acknowledged that he must be duty-MOS qualified (DMOSQ) and the primary position holder. b. Voluntarily moves to a non-bonus unit or MOS were considered grounds for termination without recoupment. 5. Orders 183-010, issued by the CTARNG on 2 July 2013, transferred him to the FLARNG effective 30 June 2013. These orders show he reassignment resulted from an "Inter-State Transfer" action and he was assigned to an MOS 11B position. 6. Orders 310-045, issued by the FLARNG on 6 November 2013, awarded MOS 11B as his primary MOS and MOS 12C as his secondary MOS; both actions were effective 2 November 2013. 7. The applicant provides: a. A DD Form 2475, dated 7 April 2016, on which he submitted his annual loan repayment application with sworn statement. The sworn statement acknowledges, in pertinent part: * he relocated to the State of Florida in 2013 for a better job opportunity in his civilian career * upon relocating, he was informed that his MOS was not available * the only MOS that was available was 11B, which resulted in the change of his primary MOS and unit * he has been denied future payments of his loan b. A memorandum from the Chief, Personnel Programs, Resources and Manpower Division, NGB, dated 9 May 2016, which denied his ETP request, stating, in pertinent part: * an ETP to retain the $50,000 SLRP is disapproved because he did not qualify in the contracted MOS, in violation of Department of Defense Instruction (DoDI) 1205.21 (Reserve Components Incentive Programs Procedures), paragraph 6.6.2 * the identified discrepancy violates a DoDI and the ARNG does not have the authority to approved the applicant's request * the State Incentive Manager will terminate the incentive with recoupment effective the contract start date 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. 3. ARNG Selected Reserve Incentive Program (SRIP) Policy Number 11-0009, dated 25 July 2011, states in paragraph 21 (Termination with Recoupment) that if an entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments except for payments of service performed before the termination date. Voluntary transfer out of the critical skill position for which the incentive is approved is listed as a reason for recoupment. DISCUSSION: 1. The applicant’s request for an ETP to retain his eligibility for loan repayment under the SLRP has been carefully considered. 2. The applicant enlisted in the CTARNG on 30 December 2010. He extended his 29 December 2016 ETS by 2 years on 17 January 2012. In connection with his extension, he completed an NGB Form 600-7-5-R-E, whereby he acknowledged that he was extending his enlistment in the CTARNG for a period of not less than 6 years with SLRP incentive. 3. On 30 June 2013, he transferred to the FLARNG. In doing so, he was transferred from the unit identification code for which the SLRP incentive was approved. Additionally, he was reclassified from MOS 12C to MOS 11B. 4. The evidence of record shows he contracted for the SLRP incentive while assigned to an incentive eligible position in the CTARNG. He later transferred to a position in the FLARNG that was not eligible for the incentive. Consequently, his SLRP eligibility was terminated and recoupment was directed. 5. Notwithstanding the facts as outlined above, the applicant reclassified to a combat skill MOS for which the SLRP incentive is not eligible; however, continued to satisfactorily participate in the ARNG throughout his voluntary relocation and has otherwise fulfilled his obligations under the contract. 6. As a matter of equity, it would be appropriate to cancel all ongoing recoupment actions related to monies paid toward his student loans under the SLRP, and refund all previously recouped monies. //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) AR20160011971 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2