BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160012161 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ____x____ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160012161 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. __________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: 11 May 2017 DOCKET NUMBER: AR20160012161 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 allow him to retain the $50,000 Student Loan Repayment Program (SLRP) incentive for which he contracted. 2. The applicant states he requests the reinstatement of his SLRP reenlistment bonus. He recently had the opportunity to obtain a new military occupational specialty (MOS), 68J (Medical Logistics Specialist). His unit was in need of a Soldier with this MOS and he took advantage of the opportunity to further his career, his leadership skills, and to expand his knowledge. Upon changing his MOS, the National Guard Bureau (NGB) took away his SLRP bonus. This reenlistment bonus was not MOS specific; therefore, he does not believe there is justification to take the bonus away simply because he took the opportunity to advance his military career. He would like to keep his bonus and serve the Army National Guard (ARNG) to the best of his abilities. 3. The applicant provides: * NGB Form 600-7-5-R-E, dated 8 October 2013 * DA Form 4836, dated 8 October 2013 * Orders Number 016-999, dated 16 January 2015 * DD Form 2475 (Department of Defense (DOD) Educational Loan Repayment Program (LRP) Annual Application), dated 11 February 2016 * 14 Financial Aid Review documents, printed from the National Student Loan Data System, on 11 February 2016 * Loan Details, printed from University Accounting Services, on 11 February 2016 * DA Form 1059 (Service School Academic Evaluation Report), dated 4 March 2016 * Three memoranda, dated 5 March 2016 * DA Form 4856 (Developmental Counseling Form), dated 5 March 2016 * Memorandum, dated 7 July 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Minnesota ARNG on 17 December 2009. 2. His college transcripts and diploma show he graduated from the Augsburg College with a Bachelor of Arts degree on 4 May 2013. 3. His record contains a DA Form 4836, dated 8 October 2013, which shows he extended his initial enlistment for a period of 6 years. This form also contains a bonus control number (BCN). Additionally, his extension contract contains an NGB Form 600-7-R-E, dated 8 October 2013. This form contains all of the appropriate signatures, all the appropriate initials, and a BCN. Additionally, the applicant placed his initials next to the below sections and items of this addendum indicating his understanding and agreement, of the following portions of the addendum: a. Section I - General, states, "This addendum will be completed by all persons accepting assignment to the ARNG with entitlement to SLRP under Fiscal Year (FY) ARNG [Selected Reserve Incentive Program (SRIP)] Policy 13-01." b. Section II - Eligibility, states, "In connection with my reenlistment/extension in the ARNG of the United States, I may be eligible to receive SLRP… if I meet the following specific criteria:" (1) "I must be the primary position holder, not in an over-strength or excess status including when deployed and I am not coded "9993" nor assigned to an ARNG Medical Management Activity (MMA) and coded "999M" in the Standard Installation/Division Personnel System (SIDPERS) in MOS 92Y [Unit Supply Specialist] that matches the authorized military grade and skill qualification commensurate with the position for which I am reenlisting/extending in the grade of E-7 or below in order to establish the Critical Skill (CS) requirements on my contract start date." (2) "I am reenlisting/extending DMOSQ [Duty MOS Qualified] in MOS 92Y within a [Modification Table of Organization and Equipment] or Medical [Table of Distribution and Allowances] unit, regardless of State or National assigned strength levels." (3) "I have 13 disbursed loan(s) existing in the amount of $40,250. The total amount of repayment for qualifying loan(s) will not exceed $45,000 for a 6 year affiliation/enlistment or reenlistment/extension contract of $50,000 if enlisting under the 8X0 enlistment option." c. Section V - Continued Receipt, states, "I understand that I will be eligible for continued receipt of my SLRP under the following conditions… My MOS is changed due to unit transition, inactivation, relocation, or conversion. I may continue to retain my SLRP provided I meet all other eligibility criteria, become DMOSQ within 24-months, and I am not separated from the [Selected Reserve] SELRES." d. Section VI - Termination, states, "I will be terminated from SLRP eligibility with recoupment… [if] I voluntarily change my affiliation/enlistment or reenlistment/extension MOS during the contractual obligation… The termination date will be the date of transfer reflected on my orders." e. Section VII - Recoupment, states, "I understand that the recoupment process is as follows… In cases where relief is not granted through the waiver or ETP process from the Chief, National Guard Bureau (CNGB) for anniversary payments received, I must refund the amount due to the government if termination with recoupment had been deemed appropriate… Any refund made does not affect the period of obligation I must serve. As a member of the ARNG, I must serve the balance of the term of service entered into contractually or by statutory requirements." f. Section VIII - Statement of Understanding, states, "I have read this entire SLRP addendum and understand all of the above statements concerning my SLRP… If my SLRP is terminated, suspended, or recouped, I understand that it does not affect the terms of my contractual agreement…" 4. Orders Number 016-999, published by Joint Forces Headquarters - MN, Office of the Adjutant General, St. Paul, MN, on 16 January 2015 released from his position as a supply specialist (MOS 92Y), and transferred to a Medical Logistics Sergeant (MOS 68J) position, effective 11 January 2015. This was a transfer within his current unit, which the applicant requested. The additional instructions read, "Soldier transferred due to normal career progression… Soldiers accepting promotion in any MOS other than the bonus contracted MOS will have their incentive exterminated effective the date of transfer." 5. His record contains a DA Form 1059, dated 4 March 2016, which shows he attended the Medical Logistic Specialist (MOS 68J) course from 22 February 2016 through 4 March 2016 and met the course standards. 6. Orders Number 065-1000, published by Joint Forces Headquarters - MN, Office of the Adjutant General, St. Paul, MN, on 5 March 2016 awarded him the primary MOS 68J and withdrew his primary MOS 92Y, effective 4 March 2016. 7. He provided a DA Form 4856, dated 5 March 2016, which shows he received an event oriented counseling. This counseling shows there was a discrepancy with his SLRP incentive because he transferred out of his contracted MOS on 11 January 2015. The counseling informed him that he could request an ETP, which, if approved, could allow him to retain the incentive. 8. The NGB denied the applicant's request for an ETP for SLRP in a memorandum dated 17 July 2016. The memorandum states the NGB disapproved the applicant's EPT request to retain the $50,000 SLRP because the applicant voluntarily transferred out of his contracted MOS, which specifically violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2. He became DMOSQ in MOS 66J on 7 March 2016 REFERENCES: 1. DODI 1205.21, paragraph 6.6.2. states persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) governs policies and procedures for the administration of the ARNG SRIP programs, including the SLRP. a. Paragraph 1-25 states the conditions under which termination with recoupment of incentives is warranted are prescribed in this paragraph and also the applicable program chapters and sections of this regulation. With the exceptions of the SLRP, which is normally not recouped because time is served prior to receipt of the incentive. However, when there is an overpayment of SLRP funds or the SLRP payment was made in error, recoupment will be processed. Termination with recoupment is defined as termination of the incentive with the Soldier entitled to a prorated incentive amount based on the number of months served satisfactorily prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. Termination with recoupment will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS, or as otherwise stated in this regulation. Termination is effective the date of transfer into the new MOS. See paragraph 1-19, Personnel movement between ARNG units. b. Section VI (SLRP), paragraph 2-24b states the SLRP may be offered to Prior Service (PS) enlistees, and current ARNG members who meet the following requirements: (1) Enlist/affiliate or reenlist/extend for a minimum of three years. (2) Enlist/affiliate or reenlist/extend DMOSQ. (3) Enlist into valid CS vacancy or reenlist/extend as the primary position holder (not coded excess) in a grade commensurate with the position IAW current FY SRIP policy. (4) Meet the minimum Armed Forces qualification test (AFQT) requirements (5) Have one or more disbursed qualifying loan(s) as per current FY SRIP policy. (6) Be within 365 days of, or 24 hours after, the expiration term of service (ETS) of their current ARNG enlistment, reenlistment, or extension contract. The second or subsequent voluntary enrollment in the ARNG within 24 hours of separation (immediate reenlistment) allows for continuation of active ARNG Service with the ARNG of the same State, Territory, or District. (7) Must have a pre-approval authorized prior to signature date from the ARNG incentive management system IAW current FY SRIP policy. c. Section VI, paragraph 2-26 states the applicant must fill a valid vacant position and not an excess, over-strength, or manually loaded vacancy. d. Section VI, paragraph 2-27 states repayment of loan(s) shall be made on the basis of each complete year of service performed by the borrower. The portion or amount of a loan that may be repaid is 15 percent or $500, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year. e. Section VI, paragraph 2-35 states incentive eligibility will be terminated when any of the termination reasons listed in paragraph 1-24 through 1-26 apply and that member will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. 3. ARNG SRIP Policy for FY 13 (Policy Number 013-01) effective 1 January 2013, provides the following guidance: a. Paragraph 7 (General Requirements) states all recipients must meet the following criteria to receive the SRIP bonus, to include the SLRP. In addition to these rules, specific requirements are listed under each incentive program. (1) The recipient must meet the eligibility criteria for enlistment, reenlistment/extension into the ARNG. (2) The NGB/State users with viewer level access are the only personnel authorized to request CNs in Information Management and Reporting Center (iMARC)/Guard Incentive Management System (GIMS). (3) The Soldier must serve satisfactorily in the MOS for the full term of the service agreement. An exception is authorized per paragraphs 20 (b). (4) Termination from an incentive or any refund made by an individual shall not affect the period of obligation to serve in the ARNG. b. Paragraph 17 (SLRP), states, in addition to the SRIP general requirements as stated in paragraph 7, the following rules apply for all programs except as annotated. (1) The recipient/Soldier must have one or more qualifying and disbursed Title IV Federal loans that are not in default at the time of enlistment or reenlistment/extension. Federal Parent Loans for Undergraduate Students (PLUS loans) for student use only are eligible for repayment as long as the loans are in the service member's name. The loans must be listed on the Department of Education National Student Loan Data System (NSLDS) Aid Summary website sheet. State and private loans are not eligible for repayment under the SLRP program. (2) Loans must have been disbursed prior to the date of enlistment, affiliation, or reenlistment/extension in order to be eligible and must be at least 1-year old on the anniversary date of the contract (unless adjusted for authorized period of nonavailability). (3) The current lifetime maximum amount for the SLRP program to be repaid is $50,000. The contract effective date also establishes the SLRP anniversary repayment date (month). A Soldier who reenlists/extends will be eligible for repayment on the anniversary date of his or her reenlistment/extension contract start date. (4) A PS SLRP recipient/Soldier must enlist for a minimum 6-year term of service in the grade of E-7 or below in an MOS, Para/Lin within Tier Levels 1-6 (exception not authorized). The Soldier must enlist into a qualifying, valid, top-loaded Automated Unit Vacancy System (AUVS) vacancy position in Recruit Quota Enlistment System (REQUEST) in an MTOE or Medical TDA unit only; must not be filling excess, over-strength, or manually-loaded vacancies (exception not authorized). The Soldier must enlist DMOSQ for the duty position to which assigned or within substitution rules of DA Pamphlet 611-21 (Military Occupational Classification and Structure) that matches the authorized military grade and skill qualification commensurate with the position and skill level; and the recipient/Soldier must have a minimum AFQT score of 31. (5) A current ARNG member is eligible for the SLRP incentive only if he or she meets all reenlistment or extension eligibility criteria and he or she extends their enlistment within 365-91 days of his or her ETS for a minimum term of 6 years. Note: The first payment date on the SLRP extension contract will be 1 year from the contract start date (day after ETS), not the contract signature date. The Soldier must reenlist/extend in pay grade E-7 or below. The Soldier must also be in pay grade E-7 or below on the contract start date. However, acceptance of promotion to E-8 the day after the contract start date is authorized. Additionally, the Soldier must reenlist/extend DMOSQ as the primary position holder, not in an overstrength or excess status in an MOS that matches the authorized military grade and skill qualification commensurate with the position and skill in an MTOE or Medical TDA unit for which reenlisting/extending in order to establish the CS requirements for SLRP. Finally, the Soldier must have less than 13 years' time in service at time of current ETS. (6) Payments for SLRP incentive contracts issued under this policy will not exceed $50,000 with annual repayments to include interest not exceeding $7,500 as established by law. A Soldier must be DMOSQ in order to receive SLRP repayment. Each individual loan must be at least 1 year old on the anniversary date of the enlistment, affiliation, or reenlistment/extension. Anniversary SLRP payments will not exceed 15 percent or $500 (whichever is greater) of the initial disbursed amounts that were approved upon the date of enlistment, affiliation, or reenlistment/extension, to include accrued interest. Payments on loans having outstanding balances that are less than the maximum yearly repayment amount will be eligible for that amount only. Loans that have zero balances will not be eligible for payment. (7) The SLRP will be terminated with recoupment for erroneous receipt of anniversary payments to include a Soldier with a DD Form 4 or DA Form 4836 that was signed before or after the date of enlistment, affiliation, or reenlistment/extension when the payment(s) processed and for overpayment(s) when not eligible or authorized. Where recoupment is required, the amount being recouped is charged against the Soldier, not the lender. All recoupments will be collected against the appropriate year. In order to allow the Soldier to deduct the liquidated debt from current year taxes once the debt is liquidated, DFAS will send the Soldier a tax certificate. c. Paragraph 20b states a Soldier whose MOS is changed due to a unit transition, or who is inactivated, relocated, reorganized, or converted, may continue to receive incentives provided the Soldier meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from the SELRES. DISCUSSION: 1. The applicant contends that the Board should approve an EPT to allow his retention of a $50,000 SLRP incentive because his contract was not MOS specific and he only reclassified into a new MOS to advance his military career. 2. The evidence of record shows the applicant contracted for the SLPR incentive in MOS 92Y on 8 October 2013. His signed and initialed the portions of this contract acknowledging his understand and agreeing that his incentive would terminate if he voluntarily transferred out of the MOS for which he contracted. 3. On 11 January 2015, he voluntarily transferred out of his 92Y position into duty MOS 68J position. On 4 March 2016, orders were published awarding him MOS 68J. 4. DODI 1205.21, paragraph 6.6.2., National Guard Regulation 600-7, ARNG SRIP Policy for FY 13 (Policy Number 013-01), and the applicant's SLRP contract all state that a voluntary transfer from the contracted MOS will result in SLRP incentive termination. 5. The NGB terminated the applicant's SLRP incentive because he violated the terms of his contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012161 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2