ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2019 DOCKET NUMBER: AR20170000292 APPLICANT REQUESTS: reinstatement of his Student Loan Repayment Program (SLRP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum: Subject Request for an Exception to Policy (ETP) ICO [applicant] * National Guard Bureau (NGB) Advisory Opinion * Memorandum Subject: Appeal NGB's Decision to Deny Request for Exception to Policy for SLRP * Enlistment/Reenlistment Agreement Army National Guard Service Requirements and Methods of Fulfillment * DD Form 4 (Enlistment/ Reenlistment Document Armed Forces of the United States) * Annex L to DD Form 4 Enlisted Loan Repayment Program Addendum Army National Guard of the United States * Statement of Understanding The Selected Reserve Montgomery GI Bill * DD Form 1966 (Record of Military Processing- Armed Forces of the United States) * DA Form 2823 (Sworn Statements) x 3 FACTS: 1. The applicant states he believes he is being penalized for incorrect processes and action taken by his unit, which are beyond his control, and for a military occupational specialty (MOS) qualification requirement unknown to him. 2. On a memorandum for the Army National Guard Chief, Guard Strength Education dated 15 August 2016 Subject: Request for an ETP ICO [applicant] showing: * request ETP be approved regarding applicant * applicant was supposed to attend Palmetto Military Academy upon return from basic training, but he decided he no longer wanted to become a commissioned officer and wanted to become a 12B * the training NCO tried to enroll him into a two week MOS reclassification course, but was unsuccessful * the applicant was enrolled in the first available class which put him one month and fourteen days outside his eligibility window to maintain an incentive contract * these unfortunate errors were no fault of the applicant as he only followed the instructions of his Readiness NCO 3. On 31 August 2016, the NGB provided a memorandum Subject: Request for an ETP for SLRP for [applicant] showing: * an ETP to retain the $50,000 SLRP is disapproved for failure to enter MOS training within 180 days after withdrawal from OCS which violates ARNG CHELRP * State Incentive Manager will terminate the incentive without recoupment effective the contract start date * The discrepancy violates a (Law/Department of Defense Instruction) and the ARNG does not have the authority to approve the ETP request 4. On 21 October 2016, the applicant provided a self-authored memorandum to the Army Review Boards Agency with the subject: Appeal NGB's Decision to Deny Request for ETP for SLRP which states: * he feels NGB’s denial is penalizing him for actions well beyond his knowledge and/or control * when he enlisted, he was briefed and signed documents indicating his understanding of the requirement to become MOS qualified within 24 months of his enlistment, of which he completed being MOS qualified within 23 months * he does not have any documentation showing the requirement that he must enter in MOS training within 180 days from the date he was transferred from Palmetto Military Academy back to his host unit * 28 April 2011, the applicant’s Enlistment/Reenlistment Agreement in which the requirement to become MOS qualified reads as follows “Unless stipulated on an Annex attached to DD $, I will enter and satisfactorily complete an initial period of active duty for training to become qualified in a MOS as soon as a training space is available” * per Annex L to DD Form 4, Enlisted Loan Repayment Program Addendum, Section V, Termination specifies “Failure to obtain DMOSQ within 24 months after an involuntary transfer into another skill for the convenience of the government.” Though the applicant made a voluntary decision to not pursue PMA, he did get approval for, and was accepted for and was qualified in a critical skill MOS 12B within 23 months * the requirement to enter MOS training within 180 days is not listed or referenced anywhere * per DD Form 1966, Record of Military Processing, it verifies his qualifications for enlistment, PMA Program and a critical skill MOS * per DoD Military Entrance Processing Station Orders 1144018, he was ordered to RSP not later than 24 May 2011 for 09S * the applicant provides a timeline from when he enlisted to when he was MOS qualified with a total lost time of 147 days * upon receipt of the 4 June 2012 orders, the applicant received orders for a two week MOS reclassification school; he and his unit later found out he was not eligible * processing took 112 days of his allotted 180-day requirement; he returned to MEPS to obtain a 12B training seat, but he was not sent to MEPS until an additional 35 days later of his 180-day requirement * he was finally slotted for a 12B school January 2013 and completed the course March 2013 * his unit leadership verified the sequence of events in sworn statements provided * he faithfully did everything within his power to complete all the requirements necessary to be true to his contract and to complete all that was asked of him * again he didn’t know or was informed of the 180 days requirement to enter training * the documents signed and those in iPERMS reflect the only requirement to be MOSQ in 24 months * it took SCNG five of the six months to get him into a critical skill MOS * respectfully requests the Board consider all these facts; he is a quality Soldier with high entry scores…it would be an injustice to penalize the applicant for actions beyond his knowledge and control 5. A review of the applicant's records shows on 28 April 2011 he reenlisted in the South Carolina Army National Guard (SCARNG) for 8 years as a 09S (Commissioned Officer Candidate). Orders 1144018 show the applicant was ordered to an initial period of active duty for training (IADT) on 3 May 2011 for basic training. 6. On 28 April 2011, the applicant signed the following documents showing: * Enlistment/Reenlistment Agreement Army National Guard Service Requirements and Method of Fulfillment showing he understood/ agreed to: o unless otherwise stipulated on an Annex attached to the DD Form 4, he would enter and satisfactorily complete an IADT to become qualified in a MOS as soon as a training space is available o he must participate satisfactorily during the entire period of his enlistment in the ARNG in accordance with rules and regulations now in effect * Annex L to DD Form 4 showing o he meets the eligibility criteria o he has 5 disbursed loans existing in the amount of $17635.00, the amount of repayment for qualifying loans will not exceed $50,000 o he will be suspended from the Enlisted Loan Repayment eligibility if he entered in a period of non-availability, of if he is flagged o he will be terminated from the bonus if he fails to obtain MOS qualification within 24 months after an involuntary transfer into another skill for the convenience of the government, involuntary or voluntary retirement, 9 or more unexcused absences within a 12 months period, separation from the ARNG, two consecutive Army Physical Fitness Test failures or failure to meet body fat standards * Statement of Understanding the Selected Reserve Montgomery GI Bill and the SLRP will be terminated if: o he is an unsatisfactory participation o discharged or separated from the Selected Reserve o ne enters active-duty, or full time active duty under the Active Guard Reserve program o he receive financial assistance under an ROTC scholarship program o he completes 10-year period beginning from the date he became entitled to assistance under the Montgomery GI Bill 7. Applicant provided three sworn statements on his behalf showing the applicant is not at fault for the errors preventing him from receiving the SLRP. * 12 August 2016 SFC X___ states that the applicant was placed in a two week MOS school but was not successful and had to be deferred in order to finally get him into the 12B (Combat Engineer) MOS school * 3 August 2016 SFC X____ states the applicant should be allowed to retain the SLRP, upon the completion of basic training the applicant was supposed to go to Palmetto Military Academy (OCS) but decided not to go, SFC X__ tried to enroll the applicant into a MOS qualifying course it was not until sometime later that the applicant would have to return to MEP and get slotted as a 12B before he could be enrolled in the 12B MOS qualifying course * 3 August 2016 the applicant provided a sworn statement that show when he returned from basic training in August 2011 he trained with 1222nd En Co until February 2012, upon attending Palmetto Military Academy orientation he decided become a commissioned officer was not for him and he wanted to be enlisted, it took several months to get back to MEPs to be slotted for a 12B MOS qualifying course which he attended in January 2013 8. National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi 1.1) (Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP)) shows: a. Eligibility for the Enlisted Loan Repayment Program (ELRP) a soldier must be a secondary (high school) graduate * Must have one or more qualifying and disbursed loans at the time of enlistment/reenlistment * Soldiers receiving ELRP will remain eligible while attending OCS and upon commissioning * Must be DMOSQ for the position which enlisting b. Termination * Receive the maximum CHELRP benefit available * Move to another MOS/AOC or is reclassified in a MOS/AOC other than the one contractor for * Becomes unsatisfactory participant after 9 unexcused absence * Separates from National Guard * Discharge or Transfers to Individual Ready Reserve, Standby Reserve or Retired Reserve * Enlistment or appointment in the Regular Army or Regular Reserve component * Voluntary entry or order to extended active duty c. Recoupment: Since CHELRP payments are made for previous satisfactory years of service, recoupment is not normally required upon termination. However, recoupment may be required if a record reviews reveals that the Soldier received payments erroneously. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the documentary evidence supported by the applicant and that found within the military service record, the Board concluded that the applicant complied with all terms of the Student Loan Repayment Program (SLRP) outlined in the documentary evidence available. For that reason, the Board recommended that the SLRP be re-instated for the applicant. 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 Army records of the individual concerned be corrected by reinstating the applicant’s Student Loan Repayment Program eligibility. 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. National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi 1.1)(Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP)) shows a. Eligibility for the Enlisted Loan Repayment Program (ELRP) a soldier must be a secondary (high school) graduate * Must have one or more qualifying and disbursed loans at the time of enlistment/reenlistment * Soldiers receiving ELRP will remain eligible while attending OCS and upon commissioning * Enlist or Reenlist for six years, enlist in a CS, MTOE, AVCRAD, RTI or a Medical or Special Forces TDA unit * Must have not ever previously received the ELRP as an enlistment, re-enlistment or extension option in the selected reserves * Must be DMOSQ for the position which enlisting b. Termination * Receive the maximum CHELRP benefit available * Move to another MOS/AOC or is reclassified in a MOS/AOC other than the one contractor for * Becomes unsatisfactory participant after 9 unexcused absence * Separates from National Guard * Discharge or Transfers to Individual Ready Reserve, Standby Reserve or Retired Reserve * Enlistment or appointment in the Regular Army or Regular Reserve component * Voluntary entry or order to extended active duty c. Recoupment: Since CHELRP payments are made for previous satisfactory years of service, recoupment is not normally required upon termination. However, recoupment may be required if a record reviews reveals that the Soldier received payments erroneously. ABCMR Record of Proceedings (cont) AR20170000292 0 6 1