ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20160017471


APPLICANT REQUESTS: Reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive in the Washington Army National Guard (WAARNG).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum)
* Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 3 October 2016

FACTS:

1.  The applicant states in effect:

* he joined the WAARNG as a 13B (Cannon Crewmember) on 18 May 2011
* the contract he signed was a 6x2 (6 years actively drilling and 2 years in the Individual Ready Reserve and he would retain the MOS 13B through his initial 6 year enlistment (17 May 2017)
* his recruiter and unit members explained to him, maintaining his MOS and being a satisfactory participant with his unit would fulfill the term of his initial contract
* when he signed his enlistment contract he was not briefed the SLRP eligibility could be voided by receiving an alternate MOS after his initial 6 year enlistment
* he is eligible for four years of payments as a 13B but not the 2 years since trying to become an 18B (Special Forces Weapons Sergeant)
* he was told the Army would pay his student loans to include interest as if it did not exceed $50,000.00, but he has been informed a decision was made denying his eligibility for the SLRP because he was pursuing a career in the WAARNG as an 18B
* he believes he has fulfilled his contractual obligation by being a part of the WAARNG

2.  A review of the applicant’s service records show the following on:

* 18 May 2011 – enlisted in the WAARNG for an 8 year period of service, in conjunction with the applicant’s enlistment NGB Form 600-7-5-R-E was completed showing the following in:

* section 3 (Acknowledgement):

* he was enlisting in MOS 13B as a non-prior service applicant and he had 4 qualifying loans and the loans could not exceed $50,000.00
* he was enlisting into the ARNG for an initial service obligation of 8 years, either 6x2 or 8x0 for a SLRP incentive of up to $50,000.00

* section 4 (Entitlement and Payments) annual payments would include interest as long as the combined principal and interest does not exceed the maximum authorized under the law
* section 6 (Termination) item 4, the SLRP would be terminated if he voluntarily transferred to an ineligible military specialty
* he endorsed this form with his signature

* 16 December 2015 – Orders Number 350-097, issued by the Office of the Adjutant General, ordered the applicant to active duty for training for the purpose of attending the Special Forces Qualification Course
* 21 April 2016 – Orders Number 112-572, issued by the Office of the Adjutant General, released the applicant from A Company, 1st Battalion 19th Special Forces Battalion Assistant Operations Sergeant to 19th Special Forces Battalion Weapons Sergeant MOS 18B, duty position qualified, effective 21 April 2016
* 3 October 2016 – by memorandum, the applicant was informed his request for ETP was disapproved because he voluntarily transferred out of the contracted MOS which violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) paragraph 6.6.2

3.  DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive 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.  The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive.

4.  NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP)) establishes standards, policies, and procedures for the management of the ARNG CHELRP.  All non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option and enlist in a critical skill.  The SLRP will be terminated if the member moves to another MOS other than that for which contracted.
BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the NGB denial of an Exception to Policy.  The Board discussed the applicant’s contract, his continuing service and the termination of the SLRP incentive with recoupment upon his transfer to another MOS.  The Board determined that he did transfer to another MOS after serving in the contracted one for more than four years and continued to serve to meet his contracted period of service.  The Board further determined that he should be entitled to the SLRP incentive for the period of service during which he held the contracted MOS.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.
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 a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the SLRP incentive for the period of time he retained the MOS (13B) specified in his 20110518 enlistment contract and return to him any SLRP payments recouped during this same period of time.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the request to retain the SLRP incentive beyond they date he was awarded a new MOS.
 


	 
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



REFERENCES:

1.  DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive 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.  The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive.

2.  NGB Education Division Instruction 1.1 CHELRP establishes standards, policies, and procedures for the management of the ARNG CHELRP.  All non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option and enlist in a critical skill.  The SLRP will be terminated if the member moves to another MOS other than that for which contracted.


ABCMR Record of Proceedings (cont)	 AR20160017471
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