ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20160017562 APPLICANT REQUESTS: reversal of the National Guard Bureau’s (NGB) decision to deny his request for an exception to policy (ETP) to retain the Student Loan Repayment Program (SLRP) incentive in the Idaho Army National Guard (IDARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * NGB Form 600-7-5-R-E (Annex L to DD Form 4, SLRP Addendum) * Student Loan Information * Orders 450-110 * NGB Denial of ETP * Memorandum, subject: Army Board for Correction of Military Records (ABCMR) Submission/Request for Applicant SLRP FACTS: 1. The applicant states the Government is attempting to recoup approximately $6,366.23 in SLRP payments and deny future payments or complete payments owed on the contract. He only received four of six payments and he received payment despite being ineligible. Upon enlistment, he informed the IDARNG of his intent to remain at Twin Falls, ID for drill and requested military occupational specialty (MOS) be changed to MOS 42A (Human Resources Specialist). The applicant further states his paperwork was mishandled, no one told him that any rules had been broken or that the planned MOS change would cause an issue with his SLRP. 2. The applicant provides: a. His student loan information, which shows his student loan payment information. This document shows his total loans amount as $11,612. b. Orders 450-110, dated 14 December 2007, which show he transferred from MOS 15X (AH-64A System Repairman) to MOS 42A (Human Resources Specialist), effective 11 December 2007. a. c. Memorandum, subject: ABCMR Submission/Request for Applicant SLRP, dated 6 November 2016, which shows the IDARNG incentive manager confirmed the applicant reenlisted for a $20,000 SLRP contact in a 15X position on 11 May 2007. The contract required the applicant to remain in the reenlistment MOS of 15X for at least 3 years. The applicant transferred out of the reenlistment MOS of 15X into MOS 42A some 7 months later on 11 December 2007. The contract should have been processed for termination with forfeiture of future payments. The incentives office failed to thoroughly review the applicant’s contract and payment eligibility and the termination rule was not followed at the time. 3. A review of the applicant’s service record shows the following: a. He enlisted in the IDARNG on 14 July 2006. b. On 11 May 2007, he extended in the IDARNG for 6 years. In connection with his extension, he executed Annex L to DD Form 4 (SLRP Addendum). (1) He indicated he was a Soldier in the ARNG and was reenlisting/extending for a minimum term of service of 3 years in the ARNG. (2) He was reenlisting/extending in MOS 15X that was authorized for SLRP. He must remain in the contracted MOS for the first 3 years of his contract. (3) He had three loans existing in the amount of $7,500. (4) He acknowledged he may be terminated from bonus eligibility if he voluntarily transferred out of his contracted MOS or SLRP eligible unit. (5) He and the enlisting official of the IDARNG signed this Annex and it was issued a SLRP control number. c. On 14 December 2007, the State of ID, Military Division issued orders transferring the applicant from MOS 15X to MOS 42A, effective 7 December 2007. d. On 22 September 2014, NGB denied his request to retain the $20,000 based on the applicant voluntarily transferring out of his contracted MOS which violates ARNG Selected Reserve Incentive Program (SRIP) 07-04 and he received Federal student loan interest which violates ARNG SRIP 07-04. 4. By policy, Soldiers with existing loans may enlist or extend at any time for a term of service of not less than 3 years in order to establish SLRP eligibility. The Soldier must sign a written agreement to serve for a period of 3 years effective upon completion of MOS retraining, with assignment to any unit where the targeted shortages exist. 1. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the terms of the contract involving a MOS (15X) and the applicant voluntarily changed his MOS to another MOS (42A) prior to the completion of the first 3 years of the 6 year extension, the Board concluded there was no error or injustice which would warrant reversing the NGB’s decision to remove the applicant from SLRP eligibility. For that reason, the Board recommended denying the applicant’s request for relief. breaking the terms of the the Board determined that BOARD VOTE: BOARD DETERMINATION/RECOMMENDATION: 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. 5/13/2019 X CHAIRPERSON Signed by: 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. REFERENCE: Army National Guard Selective Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007 (Policy Number 07-04), effective 1 January 2007 provided specific requirements for those receiving the Student Loan Repayment Program (SLRP). Soldiers with existing loans may enlist or extend at any time for a term of service of not less than 3 years in order to establish SLRP eligibility. The Soldier must sign a written agreement to serve for a period of 3 years effective upon completion of MOS retraining, with assignment to any unit where the targeted shortages exist.