ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170000444


APPLICANT REQUESTS:  reversal of the National Guard Bureau's (NGB) decision 
to deny his request for an exception to policy (ETP) to grant the Student Loan 
Repayment Program (SLRP) incentive for enlisting in the Missouri Army National 
Guard (MOARNG).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	DD Form 4 (Enlistment/Reenlistment – Armed Forces of the United States) 
*	DA Form 1059 (Service School Academic Evaluation Report) (2)

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 he joined the MOARNG in May 2012.  At the time, his 
recruiter allowed him to do a field enlistment.  He explains he was not informed until 
later that in order to receive the SLRP, he had to go to the Military Entrance 
Processing Station (MEPS) for a control number.  He claims he enlisted under the 
pretense that he would receive the SLRP and both the recruiter and recruiter area 
manager incorrectly processed his enlistment.  He believes he signed an official 
document to secure a legitimate bonus and through no fault of his own, he has not 
received it.

3.  The applicant provided the above referenced documents to include:

	a.  A self-authored statement, dated 29 November 2016, which states his 
recruiter did not inform him that he was required to secure his SLRP at a MEPS 
location.  He believes the ARNG has not provided a solution to this problem and has 
led to trust issues with the ARNG on policy.
	b.  DA Form 1059 covering the service school academic period 1 March 2013 
through 15 March 2015 for successfully completing the 42A (Human Resources 
(HR) Specialist) Phase 1 course.

	c.  DA Form 1059 covering the service school academic period 15 March 2013 
through 28 March 2013 for successfully completing the 42A (HR Specialist) Phase 2 
course.

4.  A review of the applicant’s service record shows:

	a.  Having prior enlisted service in U.S. Marines, he enlisted in the MOARNG on 
17 May 2012 for 6 years.  The DD Form 4 states additional details of the enlistment 
are provided in Annex L, NGB 600-7-5-R-E. 

	b.  Annex A (Enlistment/Reenlistment Agreement/ARNG), dated 23 May 2012, 
states in Section III (Explanation to Applicant), the applicant voluntarily elected “that 
as a prior service member he had no military statutory military service obligation.  He 
was not a member of the ARNG, but had previous Armed Forces military 
experience.”  He understood he would undergo training in the military occupation 
specialty (MOS) 42A (HR Specialist).

	c.  His record is void of Annex L to DD Form 4 (Student Loan Repayment 
Program Addendum).

	d.  DA Form 4187, dated 11 March 2013, indicates the applicant’s duty position 
changed to excess code of 999L.

	e.  DA Form 4187, dated 12 July 2013, indicates the applicant was involuntarily 
reassigned to position excess code of YYYY due to unauthorized use of previous 
excess code.

	f.  He entered active duty on 16 December 2013.  Upon completion of required 
service, he was released and returned to his ARNG unit on 10 March 2014.

	g.  Currently, the applicant is an HR specialist/E4, assigned to HHC 203rd 
Engineer Battalion in Joplin, MO.

5.  On 16 October 2013, the NGB denied the applicant’s ETP request.  An NGB 
official referenced the ARNG Selected Reserve Incentive Programs (SRIP) Policy for 
Fiscal Year (FY) 2011 (Policy Number 11-0009), effective 25 July 2011, and stated: 

	a.  The applicant was not Duty Military Occupation Specialty Qualified (DMOSQ) 
for the contracted incentive which violates Department of Defense Instruction (DoDi) 
1205.21.

	b.  The applicant’s incentive addendum cannot be found which violates SRIP 
11-01.

6.  Department of Defense (DoD) Instruction 1205.21 (Reserve Component 
Incentive Programs Procedures) reissues references to update policy, assign 
responsibilities, and prescribe procedures for management of the Reserve 
component incentive programs.  It is DoD policy that incentive skills shall be used to 
attract and retain individuals possessing or qualifying for training in critical skills 
and/or critical units needed in wartime and to sustain membership and maintain 
readiness in the National Guard or Reserve components.  

7.  ARNG SRIP Guidance for FY11, effective 25 July 2011, (Policy Number 11-0009) 
dated 16 October 2013, provided specific requirements for those receiving the 
SLRP, and included the following:  a total of $50,000 was the lifetime maximum 
amount for the SLRP.  Prior service applicants and current ARNG members must be 
DMOSQ at the time of enlistment.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.  A copy 
of the bonus addendum was not available for the Board to review.  The Board 
agreed the NGB provided the applicant with valid reasons to deny the request as 
guidelines required to receive the bonus were allegedly not met.  The Board found 
that applicant failed to provide the Board evidence to show that those guidelines 
were met.  

The Board advises the applicant to request reconsideration if more evidence, such 
as the bonus addendum or evidence showing he did meet all guidelines for the 
bonus, is located for the Board to consider.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




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.

	  
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. 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 Army Board for Correction of Military 
Record (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.  Department of Defense (DoD) Instruction 1205.21 (Reserve Component 
Incentive Programs Procedures) reissues references to update policy, assign 
responsibilities, and prescribe procedures for management of the Reserve 
component incentive programs.  It is DoD policy that incentive skills shall be used to 
attract and retain individuals possessing or qualifying for training in critical skills 
and/or critical units needed in wartime and to sustain membership and maintain 
readiness in the National Guard or Reserve components.  

3.  Army National Guard Selected Reserve Incentive Guidance for Fiscal Year 2011, 
effective 25 July 2011, (Policy Number 11-0009) dated 16 October 2013, provided 
specific requirements for those receiving the Student Loa Repayment Program 
(SLRP) and included the following:  a total of $50,000 was the lifetime maximum 
amount for the SLRP.  Prior service applicants and current ARNG members must be 
Duty Military Occupation Specialty Qualified at the time of enlistment.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170000444

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