ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20160019089


APPLICANT REQUESTS: 

* reversal of the National Guard Bureau’s (NGB) denial of the $50,000.00 Student Loan Repayment Program (SLRP) incentive when he enlisted in the South Dakota Army National Guard (SDARNG)
* full relief of recoupment of $22,500.00 he was previously paid
* issuance of Fiscal Years (FY) 2015 and 2016 payments

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), dated 10 January 2010
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum), dated 10 January 2010
* Loan information
* Unit listing
* State Military Occupational Specialty (MOS) listing
* Memorandum, Subject: Request for ETP for SLRP, dated 14 December 2010
* DA Forms 4187 (Personnel Action), dated 11 April 2011 and 1 May 2013
* Memorandum, Subject: ETP Request for Administrative Correction, dated 29 March 2013
* Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 7 August 2013
* Memorandum, Subject: Request for ETP for SLRP, dated 30 January 2015
* Memorandum, Subject: Second Review Request for ETP for SLRP for the applicant, dated 6 February 2015
* Memorandum, Subject: Notification of Incentive Recoupment and ETP Process, dated 15 January 2016
* Memorandum, Subject: Request for ETP for SLRP, dated 19 April 2016
* Memorandum, Subject: ETP Request for Administrative Correction, dated 20 April 2016
* Memorandum, Subject: Request for ETP for the applicant, dated 20 April 2016
* Memorandum, Subject: ETP Request for the applicant SLRP Recoupment, dated 27 April 2016
* Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 1 August 2016
* Email correspondence, dated 27 October 2016
* transaction report

FACTS:

1.  The applicant states in effect:

* he was notified his SLRP had been terminated and he was to pay back payments received
* he was looking to further his career in the ARNG only to get penalized
* he was advised because he moved to a different position within the same company it was a cause for termination and it was confirmed it would not impact his SLRP
* he cannot find anywhere in the information he was provided that he violated his contract

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

* 26 April 2005 – having had prior service in the Regular Army in MOS 63B (Light Wheel Vehicle Mechanic) currently 91B, the applicant enlisted in the Iowa ARNG (IAARNG)
* 12 August 2005 – he transferred from the IAARNG to the SDARNG
* 10 January 2010 – DA Form 4836 was completed showing he extended his current enlistment for a period of 4 years and 9 months, in conjunction with this extension NGB Form 600-7-5-R-E was completed showing the following in:

* section 2 (Eligibility) he had one existing loan in the amount of $72,000.00 and he was a prior service applicant and was Duty Military Occupational Specialty Qualified (DMOSQ)
* section 5 (Termination) he understood he could be terminated from bonus eligibility if he voluntarily transferred out of the critical skill for which the bonus was approved 
* the addendum is silent in regards to a critical unit identification code or MOS in section 2, however, the Soldier initialed section 2 item 2

* 6 February 2015 – by memorandum, the applicant was notified his second review for an ETP was approved because:

* the addendum was missing a signature
* the bonus control number was requested after the date of reenlistment which violated Chaplain Enlisted Loan Repayment Program FY 2009
* a review of DA Form 4836 supports an incentive being offered at the time of agreement/contract and the missing signature date does not change the terms and conditions of the incentive
* the applicant accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of this request, therefore, withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army

3.  The applicant provides:

* unit listing document
* state MOS listing showing DMOS authorized, assigned and percentage filled
* loan information 
* December 2010 - Memorandum to NGB, Subject: Request for ETP for SLRP wherein the education incentive officer states the applicant’s NGB Form 600-7-5-R-E was not dated at the time of completion due to an administrative error and since it was of no fault of the applicant, request ETP to honor his $50,000 SLRP
* April 2011 - DA Form 4187 showing the applicant interviewed and was subsequently selected for a 74D (Chemical, Biological, Radiological, Nuclear Specialist) position and was not DMOSQ and would be eligible for promotion upon assignment to the vacant position, effective 14 July 2011
* March 2013 – Memorandum for Record, Subject; ETP Request for Administrative Correction wherein the education incentives officer cites an administrative error on the SLRP addendum
* May 2013 - DA Form 4187 showing the applicant’s duty position change was approved for 74D and he would be promoted to sergeant (SGT) based on move
* August 2013 – Memorandum from NGB to SDARNG, Subject: Request for ETP for SLRP wherein the applicant was informed his ETP to retain the $50,000.00 SLRP was approved for his contracted 91B MOS
* January 2015 – Memorandum to NGB, Subject: Request for ETP for SLRP wherein the SDARNG, Deputy Chief of Staff for Personnel states due to an incomplete administrative review at the time of reenlistment, the contract number was not approved prior to the contract signature so requests ETP be granted to honor the $50,000 SLRP since it was of no fault of the applicant 
* February 2015 – Memorandum from NGB to SDARNG, Subject: Second Review Request for ETP for SLRP wherein the applicant was informed his ETP to retain the $50,000 SLRP was approved for his contracted 91B MOS 
* January 2016 – Memorandum Subject: Notification of Incentive Recoupment and ETP Process wherein the applicant was informed by the state incentive manager $22,500.00 would be recouped and he would forfeit FY15 and 16 payments by reason of voluntarily accepting a duty position other than the contract MOS 91B
* 19 April 2016 – Memorandum for NGB, Subject: Request for ETP for SLRP wherein the SDARNG, Deputy Chief of Staff for Personnel supported the ETP because the applicant voluntarily moved into an MOS other than the SLRP contracted MOS for promotion to SGT with the understanding his unit would not terminate the SLRP with recoupment.  He states the applicant never completed training to become 74D qualified and returned to the 91B slot from which he was slotted in and was able to be promoted to SGT.  The applicant stayed within the unit with the moves.
* 20 April 2016 - Memorandum, Subject: ETP for Administrative Correction from the applicant to SD-DSCPER-IM wherein he states he was notified of his SLRP benefit being terminated and he was to recoup previous payments made to him.  Before considering taking a new role and advancing in his career, it was confirmed it would not impact his SLRP, and he would not have done it if he would lose his benefit.  He trusted the information provided by him and does not believe he would be led to make catastrophic mistake without providing all the information and hopes this is a simple misunderstanding and can be resolved timely due to the hardship on himself and his family.
* 20 April 2016 – Memorandum to the State Incentive Manager, Subject: Request for ETP for the applicant wherein his immediate commander explains the reason why the applicant changed his MOS and supported the ETP
o applicant did not own critical MOS 91B based on SRIP 07-06
o due to MTOE change in 2011, he was offered and he accepted a 74D position with promotion to SGT for the same unit.  He was scheduled for 74D training but due to conflicts never attended and since he was offered a 91B position as a SGT on orders 1 May 2013, he was back in his original MOS 91B before the 24 month requirement of being MOSQ
o his contract does not tie him to any MOS, but UIC
o applicant does not fall into any of the conditions as identified in NGR 600-7 Chapter 5-5 Termination for Recoupment dated 13 June 2002
o applicant has fulfilled his contractual obligations and has met or exceeded standards
o applicant has been an outstanding Soldier and denial of the ETP would have dramatic impact on retaining him as well as have a negative impact within the company ranks and create an environment of mistrust
* 27 April 2016 - Memorandum, Subject: ETP request for the applicant SLRP Recoupment wherein the applicant’s intermediate commander concurred with the request for ETP based upon the ETP submissions by the applicant and his immediate commander and explained the change in position were based on organizational changes, how the applicant stayed in the unit and is an outstanding soldier 
* 1 August 2016 – Memorandum from NGB, Subject: Request for ETP SLRP wherein the ETP to retain the $50,000.00 SLRP was disapproved because he voluntarily transferred out of the contracted MOS which violated Department of Defense (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2
* Email correspondence wherein the author states “he thinks it is okay to take the new MOS from 91B to 74D, he [the applicant] will have to get MOSQ within 24 months, he looked at his contract in the interactive personnel electronic records management system.”
* transaction report showing all administrative actions

4.  DODI 1205.21 (Reserve Component Incentive Programs Procedures) states:

	a.  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.

	b.  Paragraph 6.6.2, Persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve.

5.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) paragraph 5-5 states entitlement and eligibility for the SLRP will be terminated (do not recoup any amounts paid) when the member voluntarily transfers out of the unit and skill for which the SLRP was awarded effective the date of transfer.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some relief was warranted.  The applicant’s contentions were carefully considered.  Based upon the preponderance of the evidence, the Board agreed there is evidence the incentive was initially approved at no fault of the Soldier, and that he should not have to reimburse the money being collected.  However, the Board also agreed the error does not entitle the applicant to the full incentive, and recommends denial of any other relief.  



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 cancelling his Student Loan Repayment Program incentive debt, and repaying him all monies already collected.

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 application that pertains to showing he is authorized the full incentive and payments for fiscal years 2015 and 2016.
	 
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.  DODI 1205.21 (Reserve Component Incentive Programs Procedures) states: 

	a.  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.

	b.  Paragraph 6.6.2, Persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve.

2.  NGR 600-7 (Selected Reserve Incentive Programs) paragraph 5-5 states entitlement and eligibility for the SLRP will be terminated (do not recoup any amounts paid) when the member voluntarily transfers out of the unit and skill for which the SLRP was awarded effective the date of transfer.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160019089
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