ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160016662 APPLICANT REQUESTS: The applicant requests correction of her record to show she was eligible for the Enlisted Loan Repayment Program (ELRP)/Student Loan Repayment Program (SLRP) and termination of recoupment action. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Orders 318-028, dated 13 November 2012 •Orders 336-1035, dated 2 December 2014 •Orders 135-074, dated 15 May 2015 •Various loan and grant documents •DA Forms 2166-8 (NCO Evaluation Report), December 2013 through May 2015 •email correspondence with the Student Loan Repayment Program (SLRP)/GI Billmanager, Readiness Noncommissioned Officer (NCO), and Human ResourcesSpecialist, for the period June through August 2015 •Enlisted Position Vacancy Selection, dated 9 July 2016 •Selection Verification Statement, dated 21 June 2016 •DOD Educational LRP Annual Application, dated 11 February 2016 •Federal Student Aid Information, Aid Summary with corresponding detailinformation relating to 17 loans and 3 grants •NAVIENT, account history for the period October 2014 through September 2016 •National Guard Bureau (NGB) memorandum, dated 13 September 2016 FACTS: 1.The applicant states, in effect, that her request for an Exception to Policy (ETP) toretain her LRP was disapproved because she transferred out of the contracted UnitIdentification Code (UIC), WV51A0. She believes that this was an error/injustice for thefollowing reasons: a.She completed interstate transfers to other states which still met the needs of theArmy. b.She managed to attend every required drill with no unexcused absences, stayedin good standings, maintained her physical fitness/readiness, and was selected for promotion to staff sergeant during her six year enlistment period. c.While in the Army National Guard (ARNG) she was told that she would retain herLRP as long as she stayed in her contracted military occupational specialty (MOS) of 92A (Automated Logistical Specialist), met the needs of the Army, or attended Officer Candidate School, because it was a federal program. d.She has never missed a loan payment but has accumulated additional interest onher student loans, while waiting for the next LRP payment to be made to the lender. 2.On 6 October 2010, she enlisted in the NJARNG for a period of 6 years withCompany A (Supply), 250th Brigade Support Battalion (BSB), Teaneck, NJ. 3.On the same day, she completed her ELRP Addendum. This Addendum explainedthe obligation and participation requirements for ELRP eligibility. She indicated oracknowledged that she understood she was a non-prior service applicant enlisting foran assignment in UIC WV51A0, and for a term of service of not less than 6 years. 4.Section V (Termination) of her ELRP Addendum shows the applicant acknowledgedthat she could be terminated from bonus eligibility if she voluntarily transferred out of theCritical UIC or Critical Skill for which the bonus was approved. Further, at the time oftermination any unpaid whole months would be paid on a prorated basis and the ELRPcontract would be considered completed. 5.The applicant was assigned to her contracted unit on 12 October 2010. Shevoluntarily transferred to the PAARNG, Company A, 228th BSB, Easton, PA, effective23 October 2012. An NCOER filed in her official military personnel file (OMPF) showsshe remained at this unit until on or about 23 November 2014. 6.The applicant requested and was granted a second voluntary transfer, effective 23 November 2014 to the TXARNG, where she was assigned to Company A, 536thBSB, Weslaco, TX. 7.After completing an interstate transfer to TX, the applicant made several emailinquiries regarding the status of missing ELRP payments. 8.On 11 May 2015, she again made a voluntarily transfer to the NYARNG withassignment to the 133rd Quartermaster Supply Company, Brooklyn, NY. 9.On 9 June 2016, she was selected for assignment to the ARNG Staff Element JointForces Headquarters-NY. She declined the position based on her intent to attend OCS. 10.After being notified of a discrepancy with her contract, she submitted a request foran ETP to retain her ELRP incentive. She stated that although she had transferredthree times, she had maintained the same MOS. She cited the reasons for hernumerous transfers were for her career, her fiancé's career, and for financial stability. 11.The Chief, Personnel Programs, Resources and Manpower Division, denied herrequest for ETP to retain her $50,000.00 ELRP on 13 September 2016. This officialstated that: a.by voluntarily transferring out to the contracted ELRP eligible unit, she violated DOD Instruction 1205.21, paragraph 6.8.3; and as such, b. the State Incentive Manager would terminate the incentive with recoupment, effective the date of transfer from the contracted UIC. 12.The loan information provided by the applicant shows she has 17 student loans,totaling $21,707.00, which have accumulated $12.00 in interest. Her NAVIENTpayment history does not indicate any late payments or default. 13.The applicant served in her contracted unit for approximately 24 months beforerequesting and being granted a voluntary transfer to another organization. Theapplicant's ELRP addendum and regulatory guidance indicate the LRP incentive wouldbe terminated without recoupment upon the voluntary transfer out of the contracted unit. 14.Regulatory guidance also states recoupment may be warranted if a record's reviewdetermines that the incentive was received in error. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentation provided or within the service record, the Board found the applicant served in her contracted unit for approximately 24 months before requesting and being granted a voluntary transfer to another organization. Additionally, the Board noted that the applicant's ELRP addendum and regulatory guidance indicate the LRP incentive would be terminated without recoupment upon the voluntary transfer out of the contracted unit and, therefore, recoupment of monies already received should be terminated. However, because the applicant did not complete her complete 6 years of military service within the required UIC, the Board found that the recoupment of the Student Loan Repayment should be limited to the 4 years that the applicant did not serve in the contracted unit; therefore, the recoupment should be prorated to approximately two-thirds of the total Student Loan Repayment paid out on the applicant behalf. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be amended by: a.showing she served in her contracted unit for 25 months (12 October 2010through 23 November 2014) and met the eligibility criteria for receipt of the Loan Repayment Program during that period. b.correcting her record to show her Loan Repayment Program incentiverecoupment was amended to prorate the recoupment to the amount of time she failed to serve in the contracted unit (47 months or approximately two-thirds of the total Student Loan Repayment money paid out on behalf of the applicant). 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to retaining the total portion of her SLRP incentive. Microsoft Office Signature Line... REFERENCES: 1.National Guard Regulation 600-7 (Selected Reserve Incentive Programs) states theentitlement and eligibility for the Student Loan Repayment Program will be terminatedwithout recoupment when the member voluntarily transfers out of the unit and skill forwhich SLRP was awarded effective the date of transfer. 2.National Guard Bureau Education Division Instruction 1.1 (Chaplain, HealthProfessional and Enlisted Loan Repayment Programs(CHELRP)) states ELRPpayments are made for previous satisfactory years of service, recoupment is notnormally required upon termination. However, recoupment may be required if a recordreview reveals that the Soldier received payments erroneously. 3.Department of Defense Instruction (DODI) 1205.21 prescribes policy, assignsresponsibilities, and prescribes procedures for management of the Reserve Componentincentive programs. It states in Section 6.2 (Written Agreements), as a condition of thereceipt of an incentive covered by this Instruction, each recipient shall be required tosign a written agreement stating that the member has been advised of and understandsthe conditions under which continued entitlement to unpaid incentive amounts shall beterminated and which advance payments may be recouped. That agreement shallclearly specify the terms of the Reserve service commitment that authorizes thepayment of the incentive to the member.