BOARD DATE: 15 February 2018 DOCKET NUMBER: AR20170001985 BOARD VOTE: ___x______ __x_____ _x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 February 2018 DOCKET NUMBER: AR20170001985 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 by: * showing the applicant's transfer out of his contracted MOS was not at his request but was command directed * reinstating his entitlement to the $15,00.00 NPS bonus and SLRP payments * issuing appropriate payments due as a result of these corrections * returning to him any monies that have been recouped __________x_______________ CHAIRPERSON 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. BOARD DATE: 15 February 2018 DOCKET NUMBER: AR20170001985 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show continuing eligibility to a $15,000.00 Non-Prior Service Enlistment Bonus (NPSEB) and the Student Loan Repayment Program (SLRP). 2. The applicant states: I am being told that I am no longer eligible to receive my bonus or student loan repayment program (SLRP) (the injustice) because I transferred out of my contracted Military Occupational Specialty (MOS) and I did not become MOS qualified in the allotted time. Both reasons are painfully inaccurate. I successfully completed BCT [basic combat training] and AIT [advanced individual training] a timely manner. However, when I returned to RSP ([sic], I learned that my MOS, 25P, was no longer employed by the state of Louisiana. I was told that the only MOS I could reclassify to was 88M. RSP decided to send me to a unit I did not want to go to and to be in a MOS I did not want. The 1087th Transportation Company has known of my issue since September of 2013 but could not get me into 88M School until August of 2015. I successfully completed 88M School in September of 2015 and received $7,500 of my bonus, which is only half. The National Guard Bureau is stating that I chose this transfer, when in reality, I had no plan to do this but the record states I completely chose this transfer (a soldier-directed move instead of a command directed move, which is the error). The error caused the injustice. I should not be punished because the transfer from my contracted MOS was not my plan although it was necessary for MOS qualification. It is what the National Guard REQUIRES when a soldier has no employment slot in the state. It was not my choice. So without being MOS qualified, I could not receive my $15,000 bonus and $50,000 student loan repayment program. Before I joined any program, leaders signed off on it, and I asked if I would still keep my bonus and SLRP because one leader said I would not. The signees said, YES! I applied to programs that would allow me to become MOS qualified but was told I could not keep my bonus and SLRP if I completed those programs by my former Readiness NCO as evidenced by the stop on those payments in August of 2014 in GIMS. It is unjust to withhold the rest of my bonus and not make any of my student loan repayments when I took every action to become MOS qualified. I made it as clear as possible that I did not want to do anything that would cause me to lose my bonus or student loan repayment program. My former leadership caused the error and injustice, but I am being punished for it. 3. The applicant provides copies of: * page 3 of a DD Form 1966 * 25 July 2012 active duty orders and amendment * 30 October 2012 transfer orders * 1 May 2013 DD Form 214 (Certificate of Release or Discharge from Active Duty) * 7 June 2015 DD Form 1559 (Inspector General Action Request) with 31 pages of emails * 6 September 2016 NPSEB ETP request * 6 September 2016 SLRP ETP request * 28 Emails pertaining to school attendance * 3 January 2017 National Guard Bureau (NGB) Exception to Policy denial * 11 January 2017 NGB SLRP Exception to Policy denial CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard (ARNG) on 20 April 2012 with the following provisions: * Non-Prior Service Montgomery GI Bill (MGIB) Kicker – $200 * Non-Prior Service Enlistment Bonus – $15,000.00 * Enlistment Loan Repayment Program – $50,000.00 – 6 year obligation * MOS schooling in 25P * ARNG Standard Training Program. 2. He entered active duty for training on 7 August 2012, completed training in the MOS 25P Microwave Systems Operator/Maintainer, and was released from active duty to his ARNG unit on 1 May 2013. 3. The applicant reports that upon return to his ARNG unit he was advised that the state no longer had a 25P MOS authorization and he would need to retrain. 4. On 30 October 2012 he was transferred to the MOS 88M. The orders state the transfer was at the individual's request. 5. On 12 June 2014, his 30 October 2012 transfer orders were amended from individual's request to command directed transfer. 6. On 7 June 2015, the applicant submitted an Inspector General (IG) Action Request outlining his problem and requesting reinstatement of his NPS bonus and SLRP. The applicant provides 45 pages of e-mails, from that date through 12 August 2015, related to this request. A large portion is duplicate information or questions due to the nature of printing emails which are continuations of prior communications. The only apparent resolution was that the applicant was finally assigned to the proper school for his MOS change. 7. The applicant completed 88M (Wheeled Vehicle Driver) training with award of that MOS effective 4 September 2015. 8. On 3 January 2017, the National Guard Bureau (NGB) denied the applicant's request for an ETP to retain his NPSEB, stating the applicant voluntarily transferred out of the contracted MOS which violates the Department of Defense Instruction 1205.21, paragraph 6.8.3. NGB directed the State Incentive Manager to terminate the incentive with recoupment effective the date of transfer out of the contracted MOS. 9. On 11 January 2017, the NGB denied the applicant's request for an ETP to retain his SLRP stating the applicant voluntarily transferred out of the contracted Military Occupational Specialty which violates the Department of Defense 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.8.3. NGB directed the State Incentive Manager will terminate the incentive with recoupment effective the date of transfer out of MOS. REFERENCES: 1. Department of Defense Instruction 1205.21 provides the following: a. Paragraph 6.6 pertains to relief from termination. Subparagraph 6.6.2 states 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. b. Paragraph 6.8 (Termination and Recoupment) states if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. Unless granted relief the member must refund a prorated amount to the Government, if such termination is for any of the following reasons: c. Paragraph 6.8.1 provides for termination and recoupment if the member fails to participate satisfactorily in required training during the entire period of service agreed to, in accordance with the written agreement, unless the failure to participate satisfactorily was due to reasons beyond the control of the member (i.e., death, injury, illness, or other impairment). d. Paragraph 6.8.2 provides for termination and recoupment if the member separates from the Selected Reserve for any reason (including enlistment or voluntary order to active duty in the active forces). e. Paragraph 6.8.3 provides for termination and recoupment if the member moves to a non-bonus skill or unit, unless the move is required by the Reserve component. 2. National Guard Regulation 600-7 prescribes eligibility criteria, procedures, and standards for administering the ARNG . It states a. The NPSEB is authorized in accordance with Title 37, U.S. Code, and DODI 1304.31 to a person who has not previously served in the armed forces or has served in the armed forces, but was released from such service before completing the basic training requirements. b. The ARNG Military Entrance Processing Station Guidance Counselor is responsible for ensuring the applicant is eligible for this incentive prior to being selecting. c. The SLRP is authorized repayment of authorized loans up to a maximum cap amount of $50,000 inclusive of interest and established by the Department of the Army. Repayment of eligible loans begins when the request for payment(s) has been requested by the Soldier 90 days prior to each anniversary date. The portion or amount of a loan that may be repaid is 15% or $500, whichever is greater, for each year of satisfactory service, plus the amount of any interest that may accrue during the current year. All payments are made to the lending institution and NOT to the Soldier. DISCUSSION: 1. The applicant enlisted in the Army National Guard for training in the MOS 25P, a $15,000.00 NPS bonus, and entitlement to a $50,000.00 SLRP. 2. He successfully completed training and returned to his ARNG unit only to be advised that his MOS was no longer a valid MOS for the state of LA and that he had to retrain into the MOS 88M. 3. Orders were cut transferring the applicant that initially stated the transfer was voluntary and at his request; however, these orders were amended on 12 June 2014 to show the change was command directed and the applicant was awarded the MOS 88M on 4 September 2015. 4. The NGB denied the applicant's request for ETP based on the earlier set of orders indicating that the transfer and change of MOS were at his request. 5. The applicant's transfer was not voluntary but command directed and as such meets the eligibility requirements for continuation of both the NPS bonus and entitlement to SLRP payments. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001985 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001985 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2