ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 26 February 2019 DOCKET NUMBER: AR20160014617 APPLICANT REQUESTS: an exception to retain $20,000 under the Student Loan Repayment Program (SLRP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau memorandum Exception to Policy FACTS: 1. The applicant states: * he would like an exception to policy to retain the $20,000 SLRP * the exception to policy memorandum stated it was disapproved because he voluntarily transferred out of his contracted Military Occupational Specialty (MOS) * he was transferred out of the MOS 92A and placed in the MOS 88M due to unit reorganization from Field Artillery to a Support Unit * when this occurred, he had to switch to MOS 88M, his current MOS * he asks the Board to reconsider and approve the exception to policy to retain the SLRP 2. The applicant reenlisted in the South Carolina Army National Guard (ARNG) on 2 October 2005 as shown on the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment). He signed an NGB Form 600-7-5-R-E (SLRP Addendum) stating he agreed to the following conditions: * he must remain in the contracted MOS for the first three years of his contract * his SLRP will be terminated if he voluntarily transfers out of his contracted MOS prior to his third year anniversary * it will be terminated if he fails to become MOS qualified within 24 months after unit inactivation, reorganization, or relocation 3. Neither the reenlistment document nor the SLRP addendum indicate the MOS he was agreeing to remain in to receive the SLRP. The SLRP addendum was signed by the applicant on 2 October 2005. The State Incentive Manager verified the accuracy of the addendum on 1 April 2008. 4. The applicant's service records contain two DA Forms 1059 (Service School Academic Evaluation Report) showing he completed phase one and two of the MOS qualifying school for the MOS 88 M on 23 May 2010. His MOS was changed to 88M on orders 189-816 effective 23 May 2010. 5. The applicant's records are void of, and the applicant did not provide evidence his unit went through a reorganization causing him to change his MOS. 6. National Guard Bureau (NGB) wrote a memo entitled Request for Exception to Policy (ETP) for SLRP regarding the applicant. The memo states, in part: * an ETP to retain the $20,000 SLRP is disapproved * the applicant voluntarily transferred out of the contracted MOS which is a violation of Department of Defense instruction 1205.21 paragraph 6.6.2 * the Army National Guard (ARNG) does not have the authority to approve the ETP request * the incentive will be terminated without recoupment effective the date of transfer 7. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures provides guidance regarding the Reserve Component Incentive Program. It states: a. In 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 an understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The Instruction provides examples of the written agreements. b. Paragraph 6.6.2 states persons who 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed an exception is not warranted as the applicant did not meet the terms of the contract. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant :X :x :x Deny 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. 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): N/A REFERENCE: Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures provides guidance regarding the Reserve Component Incentive Program. It states: a. In 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 an understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The Instruction provides examples of the written agreements. b. Paragraph 6.6.2 states persons who 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. ABCMR Record of Proceedings (cont) AR20160014617 2