ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 June 2019 DOCKET NUMBER: AR20160017561 APPLICANT REQUESTS: reversal of the termination of her Student Loan repayment Program (SLRP) contract, previously eligible payments be made and that her $10,000 accessions bonus previously denied, be granted. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Emails FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. She signed her initial contract transferring her from the Marine Inactive Ready Reserves (IRR) to the Pennsylvania Army National Guard (PAARNG). She was told by her recruiter that her prior military occupational series (MOS) from the marines would not transfer to 25B (Information Technology Specialist) in the Army, so she would need to go to MOS school to be eligible for SLRP. b. Her initial contract states she would reclass as a 68W (Combat Medic Specialist). While in 68W School her 25B MOS transferred, so that should have made her eligible for the SLRP. On 29 August 2009, she completed 68W School and extended her contract to include SLRP. Annex l to DD form 4 makes no statement concerning that signing a ROTC SMP Contract disqualifies her from being eligible to receive SLRP. She was initially told that she was not receiving payments to SLRP due to ANNEX L to DD Form 4 not being dated by the signatures. She is now being told that she is ineligible due to NGR 600-7 26 March 1999 refers to the termination of the SLRP. She would have never chose to contract ROTC if she knew that it would void her SLRP contract. She was told that she would not receive her $10,000 accessions bonus due to the SLRP contract which was voided years after. 3. A review of the applicant’s service record shows: a. On 27 March 2008, DD Form 368 shows she was approved for a conditional release from the United States Marine Corp in the rank of sergeant by reason of appointment as a commissioned or warrant officer. b. On 27 March 2008, the applicant signed her enlistment agreement. Part of her agreement was that she would go to training for the MOS 68W (Combat Medic Specialist). In return, she would be receiving the Montgomery GI Bill Kicker and the SLRP. c. On 17 August 2009, due to successful completion of formal schooling, the applicant was awarded MOS 68W20 (Combat Medic Specialist) and 25B20 (Information Technology Specialist) d. The applicant signed the SLRP stating she had nine loans existing in the amount of $22,988.00 and the total amount of repayment for qualifying loans would not exceed $50,000. The addendum does not specify the type of loans she had received. The applicant's service record is void of, and the applicant did not provide copies of her student loans to determine their type. e. In the SLRP addendum the applicant agreed she: * understood the loans must have been made, insured, or guaranteed * understood the types of loans that were eligible repayment * understood state student loans are not eligible for the SLRP * would provide MEPS with a copy of all his promissory notes or letters of disbursement upon enlistment * understood state student loans were not authorized for payment * understood Plus Loans were not authorized for payment * read his contract and addendum and received a copy of both f. On 28 August 2009, the applicant and the service representative signed this form with an SLRP control number. g. On 5 October 2009, the applicant signed an Army Senior Reserve Officers Training Corps (ROTC) Scholarship Cadet Contract. The scholarship paid full tuition and fees plus a flat rate of $1,200 for books and laboratory expenses. Scholarship benefits are for a period of two academic years. The applicant also received a monthly stipend. h. On 30 April 2011, the applicant was appointed as a Reserve commissioned officer in the signal branch and executed oaths of office. i. On 18 September 2018, the applicant received an honorable discharge. 4. An Advisory Opinion from the National Guard Bureau, dated 15 March 2019 states: a. Although the soldier’s SLRP addendum identified, acceptance to an appointments as an officer, or contracts as an SMP/ROTC Cadet that the timeline of the original contract will remain in effect and participation on this program will cause ineligibility for any Officer Accession Bonus (OAB), changes in the ARNG incentive policy also took effect during this timeframe. Effective 14 September 2009, Education & Incentives Operation message (EIOM) 09-060 was published to change SLRP and eligibility for the OAB. The EIOM states that “An Officer can choose to “drop” their SLRP in order to qualify for the Officer Accession Bonus. In order for an Officer who remained on their SLRP while in an officer producing program to qualify for the Accession Bonus upon commission, their SLRP must be terminated effective the date of commission. The final SLRP payment will prorated and paid up to that date. b. Based on the evidence above, it is the recommendation of this office that the applicant be granted relief from recoupment for all SLRP payments paid to her. Although the soldier’s SLRP addendum states the incentive will be terminated upon her effective date of commission, changes in ARNG incentive policy at the time of her entry into the program grant her eligibility for the SLRP incentive and the Officer Accession Bonus. c. The National Guard Bureau Incentives Branch concurs with this recommendation. 5. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, 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. a. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with recoupment if they separate from the Reserves for any reason (including enlistment or voluntary order to active duty in the active forces). b. Exceptions to recoupment are when a member becomes a simultaneous member of an authorized officer commissioning program or accepts an immediate appointment as an officer in a Reserve component, and, in either case, has served more than 1 year of the incentive contract term following receipt of the initial incentive payment. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions and the advisory opinion were carefully considered. The Board concurred with the advisory official that the evidence shows she should receive the SLRP incentive, the OAB, and reimbursement of any monies recouped. 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 showing she was fully eligible to receive the SLRP incentive and the OAB, and full reimbursement of SLRP payments recouped. 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. REFERENCES: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, 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. a. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with recoupment if they separate from the Reserves for any reason (including enlistment or voluntary order to active duty in the active forces). b. Exceptions to recoupment are when a member becomes a simultaneous member of an authorized officer commissioning program or accepts an immediate appointment as an officer in a Reserve component, and, in either case, has served more than 1 year of the incentive contract term following receipt of the initial incentive payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017561 5 1