ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20170003483 APPLICANT REQUESTS: * reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive * a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Request for SLRP ETP for the applicant, dated 27 October 2015 * Memorandum, Subject: Request for ETP for the SLRP for the applicant, dated 5 February 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 in pertinent part: * he initially contracted in 2010 in Military Occupational Specialty (MOS) 11B (Infantryman) in the Ohio Army National Guard (OHARNG) and utilized the SLRP to pay off student loans * after his deployment, he wanted to pursue Army aviation and began to explore reclassification to MOS 15T (UH-60 Helicopter Repairer) * he also returned to Ohio State University to complete his Bachelor of Science degree in welding engineering * he had numerous discussions with his unit retention Non-Commissioned Officer (NCO) and personnel from the OHARNG education and incentives office and his concern was the loss of his SLRP incentive if he changed his MOS * he was assured on multiple occasions if he moved into a valid opening and was not in an excess slot, he could retain the SLRP incentive * on 19 August 2014, he transitioned to D Company, 1st Battalion, 13th Aviation Regiment and waited for a class date for MOS 15T * while he waited, he was a MOS qualified 11B occupying a valid 15T slot (not MOS qualified) * due to scheduling conflicts, he would not be able to attend MOS 15T training until the summer of 2015 or 2016, but funds were not available so he would not be able to attend 15T MOS training until the summer of 2016 * when the one year anniversary of his expiration term of service approached, he spoke to the retention NCO about a two year extension to secure a slot in 15T MOS training for the summer of 2016, that is when he received a letter from the OHARNG education and incentives office stating his SLRP was terminated * he submitted an ETP to the Adjutant General’s department for submission to the NGB to appeal the decision, and while he waited he returned to his infantry unit he originally contracted into * he has fulfilled his six year enlistment commitment he agreed to which included the SLRP incentive 3. A review of the applicant’s service records show the following on: * 5 October 2010 – the applicant enlisted in the OHARNG for a period of 6 years in MOS 11B, in conjunction with this enlistment NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum was completed showing in: * section 2 (Eligibility) he had one disbursed loan in the amount of $50,000.00 and the total amount of repayment for qualifying loans would not exceed $50,000.00 * section 5 (Termination without Recoupment) he may be terminated from bonus eligibility if he voluntarily transferred out of the critical skill for which the bonus was approved * he endorsed this form with his signature * 19 August 2014 – Orders Number 231-900, issued by the Adjutant General’s Department, reassigned the applicant from MOS 11B in B Company, 1st Battalion, 145th Armored Regiment to D Company, 1st Battalion, 137th Aviation Regiment in MOS 15T by the individuals request 4. The applicant provides: * Memorandum, Subject: Request for SLRP ETP for the applicant, wherein he requested an ETP based on his transfer to D Company, 1st Battalion, 137th Aviation Regiment to advance his career, but he had transferred back to C Company, 1st Battalion, 148th Infantry Regiment to complete his enlistment * Memorandum, Subject: Request for ETP for the SLRP for the applicant, wherein he was informed his ETP was denied because he voluntarily transferred out of the contracted MOS 5. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2 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. NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Program (CHELRP) states all non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option. The SLRP may be terminated if the Soldier moves to an MOS other than that for which contracted. 7. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 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 contract and initial eligibility, his request to change MOS, his change of unit, the reason for termination of his incentive, his completion of the required obligated service and the denial of a requested exception to policy. The Board found evidence of his voluntary request for MOS change and orders reassigning him based on his request. The Board considered his statement but found insufficient evidence to support his continued eligibility for the incentive. Based on the preponderance of evidence, the Board determined that he voluntarily changed his eligibility for the SLRP and the termination of his incentive was not in error or unjust. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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. 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), paragraph 6.6.2 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. NGB Education Division Instruction 1.1 CHELRP states all non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option. The SLRP may be terminated if the Soldier moves to an MOS other than that for which contracted. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.