ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 February 2019 DOCKET NUMBER: AR20160017531 APPLICANT REQUESTS: an exception to policy (ETP) to retain his Student Loan Repayment Program (SLRP) incentive and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * DD Form 1966 (Record of Military Proceedings - Armed Forces of the United States) * NGB Form 600-7-5-R-E (Annex L to DD Form 4 - Enlisted Loan Repayment Program (LRP) Addendum - Army National Guard of the United States (ARNGUS)) * Memorandum, Subject Notification of Incentive Discrepancy and ETP Process * Screenshot of Temporary Position Information * Incentive Manager Letter * Memorandum, Subject: Request for ETP for SLRP [applicant] * Memorandum, Subject Notification of ETP Result * Memorandum, Subject: Response to Notification of Incentive Discrepancy and ETP Process * Email Correspondence * Mandatory Forbearance Request FACTS: 1. The applicant states that there are five reasons why the ETP is unjust or in error: a. his contract does not state that he cannot be a technician and receive the original SLRP for $33,625. b. he did not receive a warning prior to notification. He was a GS-7 temporary technician and he and his supervisor understood this was not applicable to temporary hires. Also, this temporary position was in support of the Contracting Office for the Hawaii Army National Guard (HIARNG). c. he enlisted on 10 March 2010 because the SLRP incentive would greatly assist him and his family with the high cost of living in Hawaii. d. his contract does explain a prorated option if SLRP is terminate under Section VI entitled "recoupment." e. he has maintained good standing with his unit and continue to serve honorably in the HIARNG. 2. The applicant enlisted in the HIARNG on 10 March 2010 for a period of 8 years. 3. In conjunction with his enlistment, he completed a NGB Form 600-7-5-R-E, wherein he acknowledged: a. he was a Non-Prior Service applicant enlisting for a term of service of not less than 6 years in the ARNG of the United States with a concurrent statutory military obligation of 8 years. b. he was not enlisting to qualify for a Military Technician (MILTECH) or Active Guard Reserve Title 32 or Title 10 position where membership in a reserve component is a condition of employment (temporary assignment as a MILTECH for 6 months or less is excluded). c. he had 10 disbursed loans existing in the amount of $33,625.00. The total amount of repayment for qualifying loan(s) would not exceed $50,000. d. the addendum was signed by the applicant and Service Representative on 10 March 2010. e. Section III (Entitlement and Payments), paragraph 1, states, "The Government would repay a designated portion of any outstanding loan(s) that had been secured since 1 October 1975. The loan(s) must have been made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans)." f. Section III, paragraph 2, states in part, "The portion of the SLRP ($50,000) that may be repaid annually on any qualifying loan(s) will not exceed 15 percent (not to exceed $7,500 per year) of the total of all loan principal or $500, whichever is greater…" g. Section V (Termination), makes no mention of termination for accepting a MILTECH position. 4. On 11 August 2014, the HIARNG Incentive Manager informed him that a discrepancy had been discovered with his bonus incentive contract. The official noted that the applicant accepted a MILTECH position that exceeded 6 months and advised him to submit an ETP request to the State Incentive Manager. 5. A screen shot shows he held a temporary position in the U.S. Property and Fiscal Office in Hawaii from 21 May 2013 to 21 May 2014. 6. His email correspondence between him and HIARNG officials indicated the following: a. On 10 December 2013: (1) the SLRP Manager, HIARNG informed him that before he could initiate his Fiscal Year (FY) 2014 SLRP payment process, he needed a confirmation from him regarding his MILTECH status and/or his end date if he was no longer in that status. (2) he responded to the SLRP Manager and informed him that he thought his temporary MILTECH position would not affect his SLRP. He requested options to assist him to continue SLRP for FY15 since he would not be a technician. (3) the Incentive Manager, HIARNG informed him that his SLRP would have to be terminated without any future payments. The official stated MILTECHs that exceed 179 days must have their incentives terminated, however, he would not have any recoupment actions. b. On 5 August 2014: (1) he contacted the Incentive Manager regarding the SLRP. He questioned whether it was possible to receive the SLRP again once the FY14 SLRP incentive had been terminated or if there were any other programs available to him to resolve this financial issue. (2) the Incentive Manager provided his official notification of SLRP termination. He advised him that he could undergo ETP process. c. On 19 August 2014, the Incentive Manager stated he received the applicant's statements requesting an ETP and advised him it would be processed to the NGB. The official noted that Section II, paragraph 2 of his contract provided guidance regarding the temporary TECH violation. d. On 28 October 2014: (1) he responded to the Incentive Manager and stated that his contract did not state he could not be a technician and receive the SLRP benefit. He received the contract with assistance of a Contracting Officer and they both agree it does not state his SLRP should be terminated. (2) the Incentive Manager informed him that he could also submit request for a forbearance under the section Department of Defense Loan Repayment Program so that he did not have to make monthly payments. 7. In an undated memorandum, he requested favorable approval for an ETP to retain his SLRP eligibility and to have all payments processed accordingly. He stated he signed his SLRP contract on 10 March 2010 and he reiterated the reasons to support ETP as listed in his application. 8. In a 21 October 2015 memorandum, the National Guard Bureau (NGB) denied his request for an ETP to retain the $50,000 SLRP, stating: a. the applicant exceeded 179 days as a temporary MILTECH after the contract start date which violates Department of Defense Instruction (DODI) 1205.21, paragraph 6.6.3. b. the incentive addendum is obsolete which violates ARNG CHELRP [Chaplain, Health Professional and Enlisted Loan Repayment Programs]. c. the discrepancy identified in paragraph 2a of the memorandum violated a DODI and the ARNG does not have the authority to approve this request. d. the State Incentive Manager will terminate the incentive without recoupment effective one day prior to entering a MILTECH status. e. the applicant could file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still existed. 9. In a 22 October 2015 memorandum, the HIARNG State Incentive Manager notified the applicant of ETP results. The official informed him that if his ETP determination required termination without recoupment of his incentive, the incentive would be terminated and the issue is considered resolved. 10. On 31 October 2014, he submitted a mandatory forbearance request to temporarily stop making loan payments. 11. In his email to the Incentive Manager, he acknowledged that he was unaware that his MILTECH position would affect his SLRP incentive. The SLRP contract he signed does not state if he accept a MILTECH position that the SLRP incentive would be terminated. 12. During the enlistment processing, he acknowledged he was not enlisting to qualify for a MILTECH position where membership in a Reserve component is a condition of employment (temporary assignment as a MILTECH for 6 months or less is excluded). He served as a temporary MILTECH from 21 May 2013 to 21 May 2014 which negates his eligibility for the SLRP. 13. The addendum does not specify he would be terminated from bonus eligibility without recoupment for accepting a position as a temporary MILTECH. 14. An ETP was requested to retain his $50,000.00 SLRP contract and was subsequently denied by NGB based upon the applicant's service as a temporary MILTECH exceeding 179 days after the contract start date and the incentive addendum was obsolete. 15. Department of Defense Instruction 1205.21, paragraph 6.6.3 states persons will be granted relief from incentive termination if accepting military technician positions on a temporary assignment of less than 6 months. BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record, and applicable regulations, policy, and guidance. Department of Defense Instruction 1205.21, paragraph 6.6.3 states persons will be granted relief from incentive termination if accepting military technician positions on a temporary assignment of less than 6 months. The applicant served as a temporary MILTECH from 21 May 2013 to 21 May 2014 which, since it was for a period greater than six months, negates his eligibility for the SLRP. Therefore the Board denies the applicant’s request for an ETP to retain his SLRP incentive. 2. The Board further considered the applicant’s request for a personal appearance before the Board and found the evidence of record and the independent evidence provided by the applicant to be sufficient to render a fair and equitable decision at this time. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence of record and independent evidence provided by the applicant are sufficient to render a decision without a personal appearance hearing. The Board determined 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. SIGNATURE: ___________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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. Army Regulation 135-7 (ARNG and U.S. Army Reserve Incentive Programs) provided that to be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same military occupational specialty unless excused for the convenience of the Government. Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. 2. Department of Defense Instruction 1205.21 addresses the Reserve Component Incentive Programs. 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. Paragraph 6.6.3 states persons will be granted relief from incentive termination if accepting military technician positions on a temporary assignment of less than 6 months. 3. NGB Education Division Instruction 1.1 contains all policy and procedural guidance for all loan repayment programs for the ARNG. This instruction supersedes all other policy and procedural guidance on the SLRP (now known as the ELRP), the Health Professional Loan Repayment Program (HPLRP) and the Chaplain Loan Repayment Program (CLRP). The combined loan repayment program is now known as the Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP). ABCMR Record of Proceedings (cont) AR20160017531 6 1