ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20170004522 APPLICANT REQUESTS: reversal of the National Guard Bureau's (NGB) decision to deny his request for an exception to policy (ETP) to retain the Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) incentive for enlisting in the Georgia Army National Guard (GAARNG). He also requests personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statements (2) * DD Form 2475 (DoD Educational Loan Repayment Program (LRP) Annual Application) * Email Correspondence 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 the signature and date is missing from his 2011 enlistment contract with the GAARNG deeming him ineligible to receive payment for student loans. He believes it was the recruiter’s responsibility to ensure the documents were properly signed and dated and the administrative oversight reflects poorly on the recruiter duties. 3. The applicant provides: a. Two self-authored statements which states he was unaware his signature and date were missing from the contract. Also, he was told that he could not contract for the mission occupational specialty (MOS) 68W (Health Care Specialist) due to his inability to secure a Secret security clearance. Additionally, he contacted the unit numerous times in regards to payment for his loans and was told they would follow- up. However, he was never informed the delay was due to an administrative error. b. DD Form 2475, signed and dated on 27 September 2014, an application requesting payment of student loans under the LRP. c. Email correspondence between unit Human Resources Non-Commission Officers, dated 4 April 2016, which reflects an inquiry into the applicant’s request for SLRP. 4. A review of the applicant’s service record shows: a. Having prior service, he enlisted in the GAARNG on 25 February 2011 in the rank and grade of specialist (SPC)/E4 for 6 years. b. On 25 February 2011, he signed the Enlistment/Reenlistment Agreement – Service Requirement and Methods of Fulfillment, which indicates he would be assigned to the GAARNG unit: HHB 1/118th Forward Agency and would undergo training in MOS 68W (Health Care Specialist), and the entry "I have been assured of attending the school course.” c. On 23 January 2015, he enlisted for no less than 6 years in the GAARNG for up to $50,000. According to Annex L to DD Form 4 (SLRP Addendum ARNG), he enlisted for Duty Military Occupation Specialty Qualified (DMOSQ) in MOS 68W, a critical skill vacancy. Also, it indicated he had 1 qualifying, disbursed loan at the time of enlistment. The Addendum also states the applicant is responsible for ensuring all completed DA Form 2475 has been received by the State Incentive Manager prior to the anniversary payment date. The applicant, service representative and witnessing official authenticated this Annex with their signature. d. On 1 March 2016, the applicant was discharged from the ARNG and transferred to the Retired Reserve. e. On 3 February 2017, he was placed on the U.S. Army Retired List. 5. On 11 July 2016, the National Guard Bureau (NGB) disapproved his exception to policy to retain the SLRP incentive. An NGB official referenced NGB-EDUi (NGB Education Division Instruction) 1.1 CHELRP effective 1 October 2009 and stated: a. The applicant did not qualify in the contracted MOS as a prior service SLRP enlistee which violates Department of Defense Instruction (DoDI) 1205.21, paragraph E8.1.1.3. b. Incentive addendum is missing the Soldier’s, Witnessing Officer’s and Service Representative signatures dates which violates ARNG CHLERP. 6. NGB EDUi 1.1, Chaplain, Health Professional and Enlisted Loan Repayment Programs, establishes standards, policies, and procedures for the management of the Army National Guard Chaplain, Health Professionals and Enlisted Student Loans Repayment Program. 7. DoDI 1205.21, Paragraph E8.1.1.3 states Soldiers enlisting, reenlisting or extending for assignment in a critical skill are approved for loan repayment by the Secretary concerned, and currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of initial active duty training, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. 8. By regulation, 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. All three Board members agreed that the applicant did not qualify in the contracted MOS as a prior service SLRP enlistee which violates DODI 1205.21. The applicant contracted for a health care specialty (68W) and ended up being an aircraft mechanic. Additionally, his incentive addendum is missing the Soldier’s, Witnessing Officer’s and Service Representative signatures and dates which violates ARNG CHLERP. One Board member opined that right now he does not meet the requirements for this incentive and it is unclear if the new specialty (15K) was or was not authorized as an incentive. A second Board member opined that the applicant enlisted or reenlisted in good faith and did what he was supposed to do, and that he should not be penalized for administrative error committed by others. The third Board member offered that the applicant addresses this issue with the State or the NGB to address. As the applicant has not presented new evidence to show the NGB decision is in error, there is no room to grant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : BS: 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 and for a personal appearance before the Board. 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 Records (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. National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi), in effect at the time, establishes standards, policies, and procedures for the management of the Army National Guard Chaplain, Health Professionals and Enlisted Student Loans Repayment Program (CHELRP). * paragraph 2-3 specifies eligibility for the Enlisted Loan Repayment Program (ELRP), a soldier must have one or more qualifying, and disbursed loans at the time of enlistment/reenlistment/extension * payments on loans cannot exceed the $50,000 amount authorized under the initial contract * paragraph 2-5 outlines loans that qualify for repayment under CHELRP which include: Stafford Loans, Federally Insured Student Loans, Perkins Loan, Auxiliary Loans to Assist Student, Supplemental Loans for Students and SMART Loans 3. Department of Defense Instruction 1205.21, Paragraph E8.1.1.3, in effect at the time, states Soldiers enlisting, reenlisting or extending for assignment in a critical skill are approved for loan repayment by the Secretary concerned, and currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of initial active duty training, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. 4. Army Regulation 15-185 (ABCMR), in effect at the time, prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170004522 5 1