To ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 January 2020 DOCKET NUMBER: AR20170007276 APPLICANT REQUESTS: in effect, to grant an exception to policy (ETP) to reinstate his student loan under the Student Loan Repayment Program (SLRP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Annex L to DD Form 4 (SLRP Addendum) * DA Form 4838 (Oath of Extension) * DA Form 4856 (Developmental Counseling Form) * Request for ETP, dated 1 May 2014 * Commander’s Endorsement Request for Exception to Polic,y dated 12 May 2014 * DA Form 2166-8 (Noncommission Officer Evaluation Report (NCOER)) ending 31 August 2010 * DA Form 2166-8 (NCOER) ending 1 October 2012 * DA Form 2166-8 (NCOER) ending 31 October 2013 * DA Form 2166-8 (NCOER) ending 31 October 2014 * DA Form 2166-8 (NCOER) ending 31 October 2015 * Department of Defense Educational Loan Repayment Program Annual Application * Army National Guard (ARNG) Current Annual Statement * National Student Loan Data System (NSLDS) * Request for ETP, dated 11 September 2015 * Stafford Loan Payment History * Student Loan Obligation Statement * Stafford Loan Account Details FACTS: 1. The applicant states, in effect, that his incentive contract was terminated because of violation of Section V Paragraph 2, which states he understands that his Student Loan Repayment Eligibility will be terminated if he voluntarily transfer out of his contracted Military Occupation Specialty (MOS) or SLRP eligible unit. On 24 August 2010, he re- classed from MOS 13D (Field Artillery Automated Specialist) to 13B (Cannon Crew member) and was transferred to a different Paragraph and Line number in the same unit manning report (UMR). At that time, he was misinformed by his Unit Administration Noncommission Officer as to the meaning of Section V Paragraph 2 stated above and was told that as long as he stayed in his SLRP eligible unit the move would be ok. He is requesting that the termination be reversed on the grounds that both MOSs of 13D and 13B were considered "critical MOS’s at the time of his re-class and transfer. 2. The applicant provides: * Annex L to DD Form 4 (SLRP Addendum) reflects in 3, he is reenlisting in the ARNG for 8 years. Item 3d holding the critical MOS 13D * DA Form 4838 (Oath of Extension) for 12 months * DA Form 4856 (Developmental Counseling Form) stating he agreed to remain in the MOS 13D but he choose to transfer outside of his contracted MOS effective 24 August 2010. Making him no longer eligible to receive SLRP * Request for ETP, dated 1 May 2014 reflects on 24 August 2007, he signed a SLRP Addendum on 24 August 2010, he re-classed from a 13D MOS to a 13B MOS for the purpose of career progression in the Minnesota ARNG (MNARNG) * Commander’s Endorsement Request for ETP, dated 12 May 2014 states, the purpose of this memorandum is to request an ETP regarding the termination of the SLRP contract for Staff Sergeant (SSG) Dxxxx M Bxxxx * NCOERS reflecting MOS and * Department of Defense (DOD) Educational Loan Repayment Program Annual Application loan data * Army National Guard Current Annual Statement dated 3 January 2017 * National Student Loan Data System (NSLDS) * Request for ETP, dated 11 September 2015 reflects an ETP to retain the $20,000 00 SLRP is disapproved for the discrepancy voluntarily transferred out of the MOS for which contracted violating the DOD Instruction 1205 21, paragraph 6 6 2 * Stafford Loan Payment History reflects his payment history, which shows up to 12 months of transactions and only includes transactions since Great Lakes began servicing his loan * Student Loan Obligation Statement provides a snapshot of where he is with his student loan situation * Stafford Loan Account Details lists the amount of interest he paid on his student loans in 2016, 3. The applicant service record shows: a. He enlisted in the ARNG on 7 December 2001. b. He entered active duty on 11 October 2004. With an MOS 13D (Filed Artillery Automated Specialist) c. He was honorably released from active duty on 28 December 2005. e. He entered active duty on 16 April 2009. f. He was honorably released from active duty on 30 May 2010. g. Orders, dated 26 August 2010 reflects MOS awarded as 13B20 and MOS withdrawn as 13D20 effective 24 August 2010. 4. An advisory opinion was obtained from the MNARNG State Incentive Manager on 11 September 2015. The advisory official opined: a. ARNG Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year (FY) 2007 (Policy Number 07-06) effective 10 August 2007. b. An ETP to retain the $20,000 00 SLRP is disapproved for the discrepancy voluntarily transferred out of the MOS for which contracted violating the DOD Instruction 1205 21, paragraph 6. 6. 2. c. The discrepancy identified in paragraph 2 violates a DOD Instruction and the ARNG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. 5. DODI 1205.21 (Reserve Component Incentive Programs Procedures) states: a. Paragraph 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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. b. Paragraph 6.6.2, 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. 6. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) paragraph 5-5 states entitlement and eligibility for the SLRP will be terminated (do not recoup any amounts paid) when the member voluntarily transfers out of the unit and skill for which the SLRP was awarded effective the date of transfer. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board agreed the applicant voluntarily breeched the contract. His contention of not knowing the terms of the contract is insufficient evidence to grant relief. 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. DODI 1205.21 (Reserve Component Incentive Programs Procedures) states: a. Paragraph 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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. b. Paragraph 6.6.2, 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. 2. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) paragraph 5-5 states entitlement and eligibility for the SLRP will be terminated (do not recoup any amounts paid) when the member voluntarily transfers out of the unit and skill for which the SLRP was awarded effective the date of transfer. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007276 5 1