ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20160019781


APPLICANT REQUESTS: Reversal of the National Guard Bureau's (NGB) decision to 
deny his request for an Exception to Policy (ETP) to retain the $20,000.00 Student Loan 
Repayment Program (SLRP) incentive.

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 
15 March 2007
*	Student loan payment schedule current statements
*	Memorandum, Subject: ETP for the applicant, dated 6 November 2014
*	Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 
29 January 2016

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 (ABCMR) 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 during his reenlistment in the Florida Army National
Guard (FLARNG) he was awarded a $20,000.00 SLRP.  The SLRP was paying his 
school loans in Fiscal Year (FY) 2008 and the last payment received was in FY 2010. 
When he contacted the National Guard to inquire why payments had stop, he was 
informed since his secret clearance had expired the payment had stopped and he 
needed to renew his clearance.  Upon renewing his clearance he re-applied for the 
SLRP, it was once again denied.  He was informed they could not locate his addendum, 
and his unit clerk informed him they must have lost it after transition to the Interactive 
Personnel Electronic Records Management System (iPERMS), but assured him it 
should not be a problem since there were records of him receiving the SLRP.  He 
submitted an ETP to the G-1 office and the request was denied.

3.  A review of the applicant’s iPERMS service records show the following on:
*	10 April 1998 – the applicant enlisted in the FLARNG
*	15 March 2007 – the applicant extended his 1998 enlistment in the FLARNG by a 
period of 6 years, changing his expiration term of service from 9 April 2007 to 
9 April 2013
*	the applicant’s record is void of a SLRP addendum to his enlistment or extension
*	31 May 2011 – Orders Number 151-096, issued by the Office of the Adjutant 
General, withdrew the applicant’s primary Military Occupational Specialty (MOS) 
42A (Human Resources Specialist) and awarded MOS 09B10 (Unassigned 
Trainee) due to no security clearance
*	14 March 2013 – Orders Number 073-058, issued by the Office of the Adjutant 
General awarded MOS 42A and withdrew MOS 09B10 by reason of return of 
security clearance

4.  The applicant provides:

	a.  FY’s 2008 – 2010 loan repayment schedule showing the applicant’s loans were in 
good standing.

	b.  Memorandum, Subject: ETP for the applicant, wherein the Director, Military 
Personnel stated:

*	the unit was unable to locate the applicant’s SLRP addendum
*	a SLRP bonus control number was requested indicating an incentive was 
being offered
*	his SLRP bonus control number was requested prior to his reenlistment, and 
the applicant accepted the incentive offer made by the FLARNG in good faith 
and fulfilled his obligations
*	he and the Deputy Chief of Staff for Personnel concurred with the requested 
ETP

	c.  Memorandum, Subject: Request for ETP for SLRP for the applicant wherein the 
applicant was informed the request to retain the $20,000.00 SLRP was disapproved 
because the written agreement could not be located which violated Department of 
Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs 
Procedures), paragraph 6.2.

5.  DODI 1205.21 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.

6.  National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), 
paragraph 2-12(a)4 states a Soldier’s MOS will be withdrawn for a lack of security 
clearance that prevents performance of the normal duties required by MOS in 
accordance with Department of the Army (DA) Pamphlet 611-21 (Military Occupational 
Classification and Structure).

7.  Military Personnel (MILPER) Message Number 10-103, dated 6 April 2010, states a 
Soldier holding MOS 42A updated in DA Pamphlet 611-21 requires a minimum security 
clearance of secret.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the terms of his incentive agreement, withdrawal of his MOS and reinstatement 
of that MOS upon renewal of his security clearance, absence of a SLRP agreement and 
the denial of his requested exception to policy.   The Board found that the applicant was 
offered the SLRP and accepted it in good faith, that he lost eligibility when his clearance 
expired and that his clearance and MOS were reinstated.  Based on a preponderance of 
evidence, the Board determined that the applicant’s eligibility for the SLRP should be 
restored. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	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 as follows:
-	show that an SLRP addendum was completed at the time of his enlistment;
-	restore his eligibility for the SLRP incentive for the period of service, in 
accordance with the terms of his contract, while he held the MOS he 
contracted for and for the years of service completed in that MOS, and;
-	pay the incentive for the period of time specified above, up to the applicable 
program limits, and subject to the applicant providing required documents for 
eligible loans.



	  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  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.

3.  NGR 600-200 (Enlisted Personnel Management), paragraph 2-12(a)4 states a 
Soldier’s MOS will be withdrawn for a lack of security clearance that prevents 
performance of the normal duties required by MOS in accordance with DA Pamphlet 
611-21.

4.  MILPER Message Number 10-103, dated 6 April 2010, states a Solider holding MOS 
42A updated in DA Pamphlet 611-21 requires a minimum security clearance of secret.


ABCMR Record of Proceedings (cont)	 AR20160019781
	
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