ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:

BOARD DATE:  8 February 2019  

DOCKET NUMBER:  AR20160015209

APPLICANT REQUESTS:  Approval of an exception to policy (ETP) to retain the 
Student Loan Repayment Program (SLRP) incentive.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Memorandum, NGB, dated 17 November 2015, subject:  Request for ETP for 
SLRP (Applicant)
*	Self-Authored Memorandum, dated 6 August 2016, subject:  Request for ETP for 
SLRP (Applicant)
*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States)
*	NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum – Army 
National Guard (ARNG) of the United States)

FACTS:

1.  Having prior Active and Reserve Component service, the applicant reenlisted in the 
Oregon ARNG on 15 September 2009.

2.  The applicant states he should be authorized to retain his $50,000.00 SLRP 
incentive under the terms listed in his SLRP Addendum.  He contends he entered into a 
contractual agreement with the ARNG as a private party and resident of the State of 
Oregon, not a member of the Armed Forces.  The expression of the terms and 
conditions that govern the dispensation of repayment of qualified education loans under 
SLRP are plain and explicit.  The SLRP Addendum does not provide for termination of 
the SLRP incentive for failure of the Army Physical Fitness Test (APFT) or failure to 
maintain the Army's height and weight standards.  Contract law of the civilian jurisdiction 
should govern in this instance and any requirement not contained in the terms and 
conditions his SLRP Addendum, to include but not limited to the directives of Army 
Regulation 601-210 (Active and Reserve Components Enlistment Program) and ARNG 
Selected Reserve Incentive Program (SRIP) Policy Number 07-06, Updated 1 March 
2009, should not be included with the terms of the agreement and should be 
unenforceable.
3.  His records contain an NGB Form 600-7-5-R-E he executed on 15 September 2009 
in connection with his enlistment.  It shows he was enlisting in the Oregon ARNG for 
military occupational specialty 92G (Food Service Specialist) for a period of 6 years for 
an SLRP incentive up to $50,000.00.

	a.  Section IV (Suspension) shows he initialed he understood he would be 
suspended from SLRP eligibility if he were flagged per Army Regulation 600-8-2 
(Suspension of Favorable Personnel Actions (Flag)) for adverse actions (does not 
include failure to maintain body fat standards or APFT failure).

	b.  Section V (Termination) lists 11 reasons for terminating the SLRP incentive; none 
of which includes failure to maintain body fat standards or APFT failure.

4.  On 17 November 2015, the Chief, Personnel Programs, Resources, and Manpower 
Division, NGB, disapproved the applicant's request for an ETP to retain his SLRP 
incentive.  He indicated the applicant failed two consecutive record APFTs, which 
violates Army Regulation 601-210.  The incentive addendum is obsolete and the 
discrepancy identified in paragraph 2 violates Army regulation and ARNG SRIP Policy 
Number 07-06, updated 1 March 2009.  The ARNG does not have the authority to 
approve the applicant's request.  The applicant was advised to apply to the ABCMR if 
he believed an error or injustice exists.  The State Incentive Manager was directed to 
terminate the incentive with recoupment effective the date of the applicant's second 
APFT failure.

5.  The applicant's records show he continues to serve in the Oregon ARNG.

BOARD DISCUSSION:

1.  The Board considered the applicant’s request with all supporting documents, 
evidence in the service record and applicable policies and guidance.  The Board finds 
the applicant signed the SLRP contract that does not provide for termination of the 
SLRP incentive for failure of the Army Physical Fitness Test or failure to maintain the 
Army's height and weight standards contract.  Recommend the ARNG update their 
SLRP contracts to reflect members must abide with Army Regulation 601-210 and                     
ARNG SRIP Policy Number 07-06, updated 1 March 2009 if those policies will be used 
in determining a member’s eligibility for a SLRP incentive.  

2.  The Board finds it is an injustice to hold the applicant accountable for requirements 
his contract explicitly excludes.  The Board grants full relief and approves the applicant’s 
request to retain the SLRP incentive.  Recommend ARNG terminate recoupment and 
reinstate any SLRP funds recouped so that the applicant is authorized to retain his 
$50,000.00 SLRP incentive under the terms listed in his SLRP Addendum.  



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 approving the applicant’s 
request to retain his SLRP incentive.  Recommend ARNG terminate recoupment and 
reinstate any SLRP funds recouped so that the applicant is authorized to retain his 
$50,000.00 SLRP incentive under the terms listed in his SLRP Addendum.  

 
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 NOTES:  not applicable.



REFERENCES:

1.  Department of Defense Instruction 1205.21 (Reserve Component Incentive 
Programs Procedures) prescribes procedures for incentive programs.  Section 6.2 
(Written Agreements) states, in part, as a condition of the receipt of an incentive 
covered by this instruction, each recipient shall be required to sign a written agreement 
stating 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.  That agreement shall clearly specify the terms of 
the Reserve service commitment that authorizes the payment of the incentive to the 
member.
 
2.  Army Regulation 601-210 (Active and Reserve Components Enlisted Program) 
prescribes eligibility criteria governing the enlistment of persons, with or without prior 
service, into the Regular Army, U.S. Army Reserve, and ARNG.  Paragraph 10-6b 
provides that repeat APFT failures or failures to meet body fat standards within a 1-year 
period will result in suspension of an incentive.  Two consecutive APFT or body fat 
standard failures will result in termination of an incentive.

3.  ARNG SRIP Policy Number 07-06 with updates, effective 1 March 2009 stated, in 
part, a Soldier with contracts executed after 1 March 2009 and with two consecutive 
record APFT failures within the contract term would have his/her SRIP bonus 
terminated and recouped.

ABCMR Record of Proceedings (cont)	AR20160015209

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