IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160015480 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160015480 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 he was granted an exception to policy to retain his eligibility for the Student Loan Repayment Program (SLRP) incentive, in accordance with the terms of his service agreement. ___________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: 7 November 2017 DOCKET NUMBER: AR20160015480 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 he be granted an exception to policy (ETP) to allow him to retain his Student Loan Repayment Program (SLRP) eligibility. 2. The applicant states: a. He signed a contract for the SLRP in February 2010; at the time, he was allowed to accept a Military Technician (MilTech) position or Active Guard Reserve (AGR) position without losing the benefit. Following that contract, he accepted a MilTech position and a couple of years later an AGR position, only to find out the rules had changed. b. He signed his contract in good faith with the understanding that his SLRP would continue without regard to his employment status. After signing the contract and acquiring more debt, the rules were changed at no fault of his own. It is important to honor contracts signed by service members to keep the trust and confidence of the organization. c. If he had known he would lose his benefits, he would have made different decisions with schooling and employment. It is not fair for Soldiers to enter contracts and make life decisions based off of these contracts, and then alter or disregard the contract after it has been signed. He is only asking that his contract be honored as he has held up his end of the contract. 3. The applicant provides: * memorandum from the National Guard Bureau (NGB), dated 14 September 2009, subject: Clarification of continuing SLRP benefits upon acceptance of an AGR and/or MilTech position * NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum – Army National Guard of the United States (ARNGUS)), dated 4 February 2010 * memorandum from NGB, dated 3 November 2010, subject: Changes and Clarification to the SLRP * memorandum from the Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, dated 14 September 2012, subject: ETP Approval for ARNG Personnel Contracted Under SLRP and Accepted AGR or MilTech Positions, 9 October 2008 – 17 April 2009 * email excerpt of an Army message, dated 25 January 2013, subject: Disposition of SLRP contracts for select AGR and MilTech Personnel * memorandum from the applicant, dated 31 August 2016, subject: Review of Records for Continued Receipt of Extension Incentive, SLRP * NGB memorandum, dated 2 January 2015, subject: Second Review Request for ETP for SLRP [Applicant] (this review supersedes the ETP request dated 28 October 2013) CONSIDERATION OF EVIDENCE: 1. The applicant reenlisted in the Montana ARNG (MTARNG) on 4 February 2010. In conjunction with his reenlistment, he executed an SLRP Addendum, wherein he verified he was eligible for the SLRP in the maximum amount of $50,000.00. He acknowledged, in pertinent part: a. Section II (Eligibility): (1) "I am a Prior Service applicant enlisting or current member Reenlisting/Extending in a MTOE/AVCRAD/RTI/SF or Medical TDA unit YQSE0 (UIC). I am DMOS qualified for the position and enlisting/reenlisting/ extending for a term of service of not less than 6 years in the Army National Guard of the United States." He placed his initials in this section. (2) He had 2 disbursed loans existing. He understood the total amount of repayment for qualifying loan(s) will not exceed $50,000. b. Section VI (Statement of Understanding): He understood that SLRP would continue if he either accepted an appointment as an officer or warrant officer candidate, or if he contracted as an Simultaneous Membership Program/Reserve Officers' Training Corps Cadet. It would also continue upon acceptance of either a commission or appointment as an officer or warrant officer in the ARNG. 2. A memorandum from the NGB, dated 3 November 2010 and addressed to ARNG education and incentives personnel of all States and Territories provides the following changes and clarifications to the SLRP: a. Acceptance of a permanent or indefinite position in the MilTech program, or temporary technician position of 180 days or more. Effective date of termination is one day prior to the effective start date of the order in which this status was reached. b. Acceptance of AGR employment. Effective date of termination is one day prior to the effective start date of the order in which this status was reached. c. AGR and MilTech. Changed to read: A traditional Soldier who contracts for SLRP and accepts AGR employment, or a permanent or indefinite position in the MilTech program, or a temporary technician position of 180 days or more will have their SLRP incentive terminated one day prior to the effective start date of the order that changed their original eligibility status. 3. A memorandum from the Office of the Deputy Chief of Staff, G-1, dated 14 September 2012 and addressed to the Director, ARNG, granted ETP approval guidance. This memorandum states: a. An exception is granted to allow ARNG members who accepted either an AGR or MilTech position between 9 October 2008 and 3 November 2010 the ability to remain eligible for payment of their qualifying federal loans to the end of the contractually obligated period designated in their SLRP contract addendum. a. Due to the confusion caused by conflicting guidance, ETPs for members accepting after 17 April 2009 through 3 November 2010 should be considered by the ARNG on a case-by-case basis. 4. A memorandum from the Deputy G1, ARNG, dated 2 January 2015, shows an ETP request on the applicant's behalf was denied, stating, in pertinent part: * an ETP to retain the $50,000 SLRP was denied because the applicant accepted a MilTech position between 17 April 2009 and 3 November 2010, which violated policy * the applicant accepted a MilTech position on 26 September 2010 and later accepted an AGR position on 13 August 2012 * the applicant did not receive any payments for time served after the date of acceptance of AGR status * the State Incentive Manager will terminate the incentive effective one day prior to entering MilTech status with no recoupment 5. The applicant provides a self-authored letter wherein he states he would not have accepted the MilTech position had he known he would lose his eligibility for the SLRP benefit. Furthermore, he understood he could accept an AGR position and retain the incentive as well. REFERENCES: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes policy and procedures for management of Reserve Component incentive programs, including the SLRP. a. Paragraph 6.2 states 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. b. Paragraph 6.9.3 states recoupment is not required in instances where an incentive is terminated after the member accepts an AGR position or a MilTech position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. 2. 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. 3. Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP), dated 1 October 2009, 4-4 (Recoupment) states Soldiers ordered to active duty in the State (Title-32) AGR program and Soldiers accepting employment in the (Title-32) MilTech program will be entitled to CHELRP payments as long as they remain serving under their initial contract and/or agreement for which CHELRP was awarded. If a Soldier must extend to meet AGR tour requirements he/she will receive a prorated amount until the effective date of new extension. Under no circumstances will a Soldier ordered to Federal (Title-10) AGR program be entitled to CHELRP payments, these Soldiers will receive a prorated amount for term served prior to effective AGR tour start date. DISCUSSION: 1. The applicant requests correction of his records to show he was approved for an ETP that would allow him to retain his eligibility for the SLRP incentive. 2. The applicant reenlisted in the MTARNG on 4 February 2010. On that date, he was offered the SLRP incentive and accepted the incentive offer made in good faith. Subsequently, he accepted a MilTech position on 26 September 2010 and later accepted an AGR position on 13 August 2012. 3. Clarifying policy guidance and changes were made to the SLRP on 3 November 2010, several months after the applicant had reenlisted. The updated policy provided that acceptance of an AGR or MilTech position would result in termination of the SLRP incentive. The Deputy Chief of Staff, G-1, provided ETP guidance on 14 September 2012 to allow ARNG members who accepted either an AGR or MilTech position between 9 October 2008 and 3 November 2010 the ability to remain eligible for payment of their qualifying federal loans to the end of the contractually obligated period designated in their SLRP contract addendum. 4. The Deputy Chief of Staff, G-1, recommended that any Soldiers who had accepted a MilTech or AGR position during the period 17 April 2009 through 3 November 2010 be considered by the ARNG on a case-by-case basis. The applicant received this consideration, and his request was denied. The basis for the denial was that his entry into a MilTech status (and later an AGR status) were in violation of policy. The final ETP denial does not offer a reason why an ETP was not granted in the applicant's case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015480 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015480 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2