ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20170009403 APPLICANT REQUESTS: in effect, an exception to policy (ETP) for retention of the Student Loan Program (SLRP) incentive in the Illinois Army National Guard (ILARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * email correspondence * ETP memorandum * Notification of Incentive Eligibility Termination memorandum 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 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: a. In 2013, he reenlisted in the ILARNG and was told that he would receive SLRP benefits. After 2 years had passed, he still had not received any of his SLRP benefits. That is when he noticed that the Arizona ARNG (AZARNG) had a vacancy in his current military occupational specialty (MOS) of 92F (Petroleum Supply Specialist). Since he had remained qualified and was not receiving any benefits, he decided to apply for the vacancy. He was awarded the slot and has since stayed promotable and he plans to advance his career with the AZARNG. Since he had not changed his MOS and remained in good standing with the AZARNG, his requesting payment of his SLRP incentive despite the fact that he changed his contractual Unit Identification Code (UIC) from the inter-state transfer (IST) to the AZARNG. b. When he reenlisted in 2013, he was under the impression that his student loans would be taken care of by the ILARNG. After realizing that it appeared the ILARNG was not going to pay any of his SLRP incentive, he decided to look at vacancies in other states. He is requesting that his SLRP benefits not be revoked. a. 3. The applicant provides copies of email correspondence, dated 1 May 2015, wherein he requested information pertaining to his SLRP. 4. Review of the applicant’s service record shows: a. He enlisted in the ILARNG on 26 February 2008. He entered on active duty for training (ADT) on 22 July 2008. He completed training and was awarded MOS 92F. He was honorably released from ADT on 16 December 2008. b. He reenlisted in the ILARNG on 19 November 2013. On the same date, in connection with his reenlistment, he executed and signed an Annex L for the SLRP. The addendum stated in: (1) Section II – Eligibility: he was reenlisting in duty MOS qualified in MOS 92F (2) Section III – Entitlements and Payments: • the SLRP payments would be per the ARNG Selected Reserve Incentive Programs (SRIP) Guidance for Fiscal Year 2013 (Policy Number 13-01) • the anniversary SLRP payment would not exceed 15% or $500.00 (whichever is greater) of the initial disbursed amount that were approved on the date of my affiliation/enlistment or reenlistment/extension to include accrued interest (3) Section V – Termination: he understood his SLRP eligibility would be terminated if he voluntarily transferred out of the contracted MOS or SLRP eligible unit. (4) Section VIII – Authentication: he authenticated this addendum with his signature on 19 November 2013. c. He was IST to the AZARNG on 15 March 2016, in MOS 92F. d. A Statement of Understanding for the ARNG Soldiers IST from Other States with a Current Valid Bonus Incentives Agreement memorandum, dated 15 March 2016, shows he acknowledged he had receiving counseling and understood that upon joining the AZARNG his incentive agreement from his previous State would be reviewed and his incentive (bonus) could be terminated (with or without recoupment) if the conditions of his ARNG Incentives Agreement could not be met. e. On 19 April 2017, the National Guard Bureau denied his ETP request for the SLRP. The NGB official stated: * the ETP to retain the $50,000.00 was disapproved because the applicant voluntarily transferred out of the contracted UIC which violated ARNG SRIP Policy Number 13-01 * * the applicant completed an IST to the AZARNG from the ILARNG which violated his contract * the State Incentive Manager would termination the incentive with recoupment effective the date of transfer f. On 25 April 2017, the AZARNG notified him of his incentive eligibility termination on 15 March 2016, with no recoupment action associated and forfeiture of all future anniversary payments. 4. By ARNG SRIP Policy Number 13-01, the SLRP incentive would be terminated if the recipient moves to a non-bonus skill or unit, unless the move is due to normal career progression or is required by the needs of the ARNG. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Board members felt that although the applicant breached his contractual agreement with the State (Illinois), since he served a portion of his enlistment in the ILARNG before transferring to the AZARNG, the applicant should at least receive a prorated amount of the SLRP incentive equal to the time he spent in the State in which he contracted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing the National Guard Bureau approved his exception to policy for the SLRP incentive only for the period from date of reenlistment to the date he transferred to the AZARNG. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to approving his exception to policy for the entire period of his reenlistment. 9/30/2019 X CHAIRPERSON Signed by: 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. ARNG Selected Reserve Incentives Program Policy Number 13-01 states entitlement to an incentive will be terminated when the Soldier moves to a non-bonus skill or unit, unless the move is due to normal career progression or is required by the needs of the ARNG. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) 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. //NOTHING FOLLOWS//