ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IBOARD DATE: 4 June 2019 DOCKET NUMBER: AR20160012413 APPLICANT REQUESTS: to receive the Student Loan Repayment Program (SLRP) bonus. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Army Board for Correction of Military Records (ABCMR) Board * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4-1 (Enlistment/Reenlistment Document) * NGB 590 (Statement of Understanding of Reserve Obligation and Responsibilities) * NGB 21 (Annex A DD Form 4 Enlistment/Reenlistment Agreement) * NGB Form 600-7-5-R-E (Annex L to DD Form 4, Student Loan Repayment Program Addendum) * DD Form 1966 (Record of Military Processing) * DA Form 4187 (Personnel Action) * Battalion Non Rated Time Memo * Emails dated 2012-2015 * 19K Military Occupational Specialty (MOS) Graduation Certificate * Warrior Leader Course (WLC) Certificate * Exception to Policy (ETP) Memo FACTS: 1. The applicant states: * his SLRP bonus has been terminated due to administrative errors in his enlistment contract and unit placement at the time of his enlistment * he received the SLRP contract/bonus addendum prefilled out by his enlisted recruiter and he signed not knowing the form was obsolete * his recruiter placed him in a unit he was not military occupational specialty qualified (MOSQ) for, stating it was for administrative purposes * he initialed section II, Paragraph 2, of the SLRP addendum unaware the Unit Identification Code he was assigned to was for a MOS M1A1, Tank versus his MOSQ M198, Towed Howitzer * he enlisted for the officer commissioning school (OCS) option, but was denied entrance into OCS * a Memorandum was entered into his permanent record labeling the OCS denial as a "dropped out" and pushed the date back 4 months from the date he was informed he could not attend OCS * he was not informed nor was he counseled that should he not graduate from OCS, he would need to become MOSQ within 120 days of his SLRP contract * he remained in the unit he was initially contracted into to prevent termination of the SLRP and eventually became MOSQ at the next available school date, approximately 1 year after receiving notification of denial entrance to OCS * once he became MOSQ, he was contracted and held a critical MOS slot * he requested an ETP wavier from the Kansas State Incentive Manager who submitted the ETP to the National Guard Bureau but was denied * he has consistently maintained the Army Standards and has done everything in his power to correct the errors made during his enlistment in order to keep SLRP * SLRP was the final factor that drew him back to serving his country; he hopes the US Army will see fit to award him the SLRP bonus as stated in his contract 2. The applicant provides a self-authored letter to Army Board for Correction of Military Records (ABCMR): a. He addresses the facts regarding his SLRP case and the findings by the National Guard Bureau (NGB). He states he enlisted in the Kansas Army National Guard as an OCS Candidate (09S) with a SLRP addendum as part of his contract. He was prior service serving in the United States Marines Corps (USMC). After completing 4 years and 9 months of service in the USMC, he went to college and completed his degree in Electrical Engineering. He was willing to serve another 6+ years in the ANG in exchange for the offered SLRP. He has diligently served in the ANG in his current MOS of 19K. b. After 3 plus years of fulfilling his contract in order to get the full SLRP payment in accordance with the SLRP contract, he received a memorandum from NGB denying his request for an Exception to Policy (ETP) thus effectively terminating his SLRP addendum. He was informed the contract was terminated for the following reasons: * Contract/ addendum was obsolete * He was not serving in a contracted Duty Military Occupational Specialty (DMOS) * An incorrect Control Number on NGB Form 600-7-5-R-E (Annex L to Form DD 4) * Discrepancy between the computerized date of enlistment (15 April 2011) and the hard copy enlistment contract (21 April 2011) c. The applicant believes these were all administrative errors on the part of the recruiter. He states the SLRP is what drew him back to serving his country. After years of research, he discovered his Enlisted Recruiter failed to assign him to a unit for which he was previously MOSQ from his prior service. His Battalion Commander prevented him from entering OCS and later back-dated the denial more than 90 days preventing him from being MOSQ in his assigned unit within the 120 days allotted by the SLRP, the Kansas State Incentives Manager took 7 months to process his Exception to Policy Waiver. d. If it had been explained to the applicant at the time he reenlisted what he needed in order to qualify for the SLRP, he would have ensured his recruiter placed him in a unit for which he was already MOSQ while he awaited his OCS entrance to be approved or denied. Furthermore, had his Battalion Commander not placed in his permanent record that he had "dropped out" of OCS and back-dated that to 2 NOV 2011,1 he might have had time to become MOSQ in the unit he had been assigned on his contract before the end of the 120 days after "not completing" OCS. 3. The applicant provides the following: * DD Form 214 showing he separated from the USMC on 21 January 2007 after serving 4 years, 9 months * DD Form 4-1 showing he enlisted in the Kansas Army National Guard on 21 April 2011 for eight years * NGB 590 signed on 21 April 2011 which states he was advised of his responsibilities with respect to the satisfactory participation in the Army National Guard and he understands them * NGB Form 21 Annex A DD Form 4 signed on 21 April 2011 which states his enlistment will commence training with an ARNG unit immediately, and he will be required to maintain satisfactory participation in the Ready Reserve for the entire period of service stipulated on the DD Form 4 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum) signed on 21 April 2011 showing: o he was assigned to Unit Identification Code WPWHCD o he had student loans in the amount of $41,781.00 o loans must be one year old or older on first anniversary of eligibility o default loans are not eligible for repayment o SLRP will pay up to $50,000.00, payment will be processed on the anniversary date of enlistment for each satisfactory year of service o the SLRP may be terminated for the following reasons to include for failure to obtain DMOSQ within 24 months o 90 days before the anniversary date, the applicant is responsible for contacting the unit to request payment on loans o SLRP will continue if the applicant accepts an appointment as an officer or warrant officer candidate. o it will continue once accepting a commission as an officer or warrant officer in the Army National Guard (ARNG). o the timeline of the initial contract will remain in effect; however continued participation in the SLRP will cause the applicant to be ineligible for any officer/ warrant officer accession bonus o service representative and witnessing officer verified that the applicant met the requirements outlined in the regulations, policies and no promise, representation, or commitment was mare to the applicant as a condition of entitlement to the SLRP incentive * DD Form 1966 signed 21 April 2011 stating he understands that he is being accepted for enlistment based on the information he provided * DA Form 4187 (Personnel Action) dated 1 August 2012 requesting Duty Position Change to New: Para/Line 302-4, DMOS: 19K2 from Old: Para/ Line: 301/7 DMOS: 25U2 * Battalion Memo for Unrated Time for Joint Forces GQs Land Component- Kansas which requests non rated time on the applicant for the time period 21 April 2011 to 2 November 2011 since he attended OCS in Saluna KS, but dropped out on 2 November 2011. Moving non-rated time back to 21 April 2011 as it was not enough time to cover for 90 days * 19K1O Transition Course Completion Certificate, dated 28 March 2013 * Warrior Leader Course graduate certificate dated 24 April 2014 4. The applicant also provided several email correspondence showing: * he requested assistance from Officer Strength Manager for assistance in completing OCS application * he emailed Company C, 2-137 Infantry Readiness Noncommissioned Officer (NCO) regarding a 25U slot, MOSQ school slot and SLRP * he was instructed to complete DD Form 2475 for loans he wanted repaid and was told no 25U slots were available at the time * on 13 November 2014, the Incentive Manager informed applicant's Readiness NCO the applicant's ETP was denied by the NGB because o the control number on SLRP addendum was not requested correctly, o the ETP was submitted to NBG for the conflict between the date the applicant enlisted and the date he signed his addendum o the applicant contracted as a 09S (OCS Candidate) and failed to attend an officer producing school o as a prior service enlistment, the applicant had to enlist DMOSQ in order to maintain the incentive or start a MOS producing school within 6 months of dropping OCS. Since the applicant did not enroll in OCS and did not become MOSQ until October 2013, he failed to meet requirements of the SLRP o Incentive manager forwarded the ETP decision for distro to the applicant's unit on or about June 2014 in order for applicant to be counseled on the termination of his SLRP * on 28 April 2015, the Incentive Manager informed the applicant: o as a prior service enlistment, to qualify for the SLRP, he had to enlist either MOS qualified in the position or for the OCS option, which he elected o his chain of command did not act on his commissioning waiver and he did not start OCS which also caused an issue with the SLRP o other discrepancies found were: recruiter had the applicant sign an obsolete addendum and he input the enlistment date of 15 April 2011 in the system which contradicted his enlistment documents showing 21 April 2011 o since he failed to start OCS and was not MOS qualified in the position he contracted for, this violates DODI and his SLRP ETP was denied 5. The applicant received the ETP for SLRP dated 4 June 2014 from the NGB Deputy G1. His request to retain the $50,000.00 SLRP was denied and recoupment effective beginning at the contract start date. His request was denied because the applicant enlisted under the 09S enlistment program and did not qualify for OCS, and he was not MOSQ for the MOS he was assigned. 6. A review of the applicant's records show the applicant received the following order/ actions, and effective: * 20 July 2011, Order 201-946, released from officer candidate 137 Infantry 2nd Battalion, Company C Rear and transferred to officer candidate Company C 2-137th Infantry Regiment for the purpose of reintegration * 21 July 2011, Order 201-970, attached to Headquarters 235th Regiment, for the purpose of OCS Training * 2 November 2011, Order 306-703, released from attachment to Company C 2-137th Infantry Regiment * 6 April 2012, Order 097-700, amendment to Order 306-703 showing applicant released from Headquarter 235th Regiment versus release from Company C 2-137th Infantry Regiment * 16 October 2012, Order 290-725, awarded Primary Military Occupational Specialty (PMOS) 13E2O and withdrawn PMOS 09B2O * 28 March 2013, Order 093-712, awarded PMOS 19K2O and withdrawn PMOS 13E2O * 28 March 2013, Order 105-727, awarded PMOS 19K2O and Secondary Military Specialty (SMOS) 13E2O, withdrawn PMOS 13E2O * 1 October 2013, Order 058-723, awarded PMOS 19K2O and SMOS 13D2O and withdrawn PMOS 19K2O and SMOS 13D2O 7. National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi 1.1) (Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) aka Student Loan Repayment Program (SLRP) shows: a. Eligibility: To be eligible for the Enlisted Loan Repayment Program (ELRP/SLRP) a Soldier must be DMOSQ for the position for which enlisting, Soldiers must have one or more qualifying, and disbursed loans at the time of enlistment/re- enlistment/extension, Enlisted Soldiers receiving ELRP/SLRP will remain eligible while attending Officer Candidate School (OCS) or Warrant Officer Candidate School (WOCS) or after contracting into the ROTC/SMP. Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their ELRP/SLRP will be paid within the same period established in their original enlistment documents. b. Termination: Soldiers SRLP will be termination under the following conditions: Receives the maximum CHELRP/SLRP benefit available equating to max amount as authorized by this instruction, moves to another MOS/AOC, or is reclassified in an MOS/AOC, other than that for which contracted. c. Recoupment: Since CHELRP/SLRP payments are made for previous satisfactory years of service, recoupment is not normally required upon termination. However, recoupment may be required if a record reviews reveals that the Soldier received payments erroneously. 8. DODI 1205.21 (Reserve Component Incentive Programs Procedures) states: a. Paragraph 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall 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 and which advance payments may be recouped. 9. AR 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs. Chapter 5 provides guidance for the administration of the SLRP. 10. ARNG SRIP Guidance for FY13, (Policy Number 13-01), effective 1 January 2013 – 30 September 2013, dated 29 November 2012, established policy to administer ARNG incentives for the stated period. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and applicable policy. The Board discussed the applicant’s statement regarding his enlistment and the administrative items that precluded him from receiving the SLRP that he committed to upon enlisting. The Board determined that sufficient administrative irregularities were evident to support a recommendation to allow the applicant to retain the SLRP incentive for the period of his contracted enlistment. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 of the individual concerned be corrected by showing his continued eligibility for the SLRP incentive up to established program limits and in accordance with his NGB Form 600-7-5-R-E, SLRP Bonus Control Number S11040003KS dated and certified on 21 April 2011. 6/10/2019 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. ADMINISTRATIVE NOTE(S): Not Applicable 7 REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi 1.1)(Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) aka Student Loan Repayment Program (SLRP) shows a. Eligibility: To be eligible for the Enlisted Loan Repayment Program (ELRP/SLRP) a Soldier must be a secondary school (high school) graduate, Enlist or Reenlist Enlist for six years, enlist into a CS, MTOE, AVCRAD, RTI or a Medical or Special Forces TDA Unit, must not have ever previously received the ELRP as an enlistment, re-enlistment or extension option in the Selected Reserve, must be DMOSQ for the position for which enlisting, Soldiers must have one or more qualifying, and disbursed loans at the time of enlistment/re-enlistment/extension, enlisted Soldiers receiving ELRP/SLRP will remain eligible while attending Officer Candidate School (OCS) or Warrant Officer Candidate School (WOCS) or after contracting into the ROTC/SMP. Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their ELRP/SLRP will be paid within the same period established in their original enlistment documents. b. Termination: Soldiers SRLP will be termination under the following conditions: Receives the maximum CHELRP/SLRP benefit available equating to max amount as authorized by this instruction, Moves to another MOS/AOC, or is reclassified in an MOS/AOC, other than that for which contracted. Except if the soldier is moved to another MOS/AOC in a National Guard unit, for normal career progression (AR 611–201); or when retention of CHELRP entitlement has been approved by the Chief, National Guard Bureau, or becomes an unsatisfactory participant under AR 135–91. b. Recoupment: Since CHELRP/SLRP payments are made for previous satisfactory years of service, recoupment is not normally required upon termination. However, recoupment may be required if a record reviews reveals that the Soldier received payments erroneously. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) states: a. Paragraph 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall 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 and which advance payments may be recouped. 4. AR 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs. Chapter 5 provides guidance for the administration of the SLRP. 5. ARNG SRIP Guidance for FY13, (Policy Number 13-01), effective 1 January 2013 – 30 September 2013, dated 29 November 2012, established policy to administer ARNG incentives for the stated period.