IN THE CASE OF: BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20170010063 APPLICANT REQUESTS: reinstatement of her entitlements under the Student Loan Repayment Program (SLRP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR) – Exception to Policy (ETP) dated 6 June 2017 * Email Communications * Memorandum for Record (MFR) – Exception to Policy (ETP) for SLRP dated 2 May 2017 * SLRP Annual Payment Packet dated 11 February 2017 o National Student Loan Data System (NSLDS) for Students Summary o DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) * NGR 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum) dated 13 July 2012 * Guard Annex (Enlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment) * MFR – Request for ETP to Attend Basic Officer Leadership Course (BOLC) dated 3 November 2015 * DD Form 4 (Enlistment Document) * MFR – Interstate Transfer (Conditional Release) dated 2 June 2014 FACTS: 1. The applicant states she enlisted in the Ohio Army National Guard (OHARNG) and qualified for the SLRP. At that time, she was assured that she would still be eligible if she executed an Interstate Transfer. She was unable to obtain a school seat within the BOLC from either Texas or Ohio ARNG within the 2 year window. She had to wait 14 months for the transfer to process which left her 10 months to obtain a seat in BOLC. Although her request to transfer was voluntary, the justification to do so was related to family support. Prior to departing, she was reassured that her SLRP entitlement would not be interrupted if she was able to transfer into an available position. After her transfer, her readiness personnel tried repeatedly to secure her a school seat in BOLC; however, it was continuously denied by the State. As a result, she initiated an Inspector General (IG) complaint which resulted in her finally obtaining dates to attend BOLC. She secured the first available seat (June). She completed BOLC 2 years and 2 months post her commissioning date due to the lengthy transfer process and the lack of support at the State level. She contests that she did everything that she could to remain in compliance with the conditions set forth under the SLRP. She has been a great Soldier and will assume command in the upcoming fiscal year (FY). 2. A review of the applicant’s available service records reflects the following on: * 13 July 2012 – she enlisted in the Army National Guard (ARNG) for 8 years with entitlement to the SLRP * 19 August 2013 (Order#– she was discharged from the ARNG to accept appointment as a commissioned officer * 21 August 2013 (Order#) – she was appointed as a commissioned officer in the ARNG effective 11 August 2013 * 2 June 2014 – she was given a 90 day conditional release in relation to her request for an Interstate Transfer * 14 October 2014 (Order#) – she was transferred from the OHARNG to the Texas ARNG effective 6 October 2014 * 20 October 2015 – she completed the BOLC 3. The applicant provides the following a: a. Memorandum for Record (MFR) – Exception to Policy (ETP) dated 6 June 2017 – reflective of her contention with denial of her SLRP entitlement; contained within this MFR is the following: * justification for her Interstate Transfer to provide assistance to her father both financially and physically * submission of 3 request for Interstate Transfer; processing errors were outside of her control * she located a unit within the TXARNG within 2 months; however, she continued to drill * upon assignment she immediately pursued a BOLC seat; attendance was delayed because of funding, however once available, she completed the course as the Distinguished Honor Graduate b. Memorandum for Record (MFR) – Exception to Policy (ETP) for SLRP dated 2 May 2017 reflective of the National Guard Bureau (NGB) disapproving her request for entitlement to the SLRP because she voided the terms when she voluntarily transferred out of the contracted Unit Identification Code in violation of ARNG Selected Reserve Incentives Program (SRIP) 12-01 c. NGR 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum) dated 13 July 2012 – reflective of the service member’s qualification for the SLRP; contained within is the understanding that she must complete BOLC within 24 months and that she is enlisting into a valid position within her area of concentration (AOC) as the primary position holder. d. Guard Annex (Enlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment) – reflective of her enlistment in the OHARNG for 8 years. e. MFR – Request for ETP to Attend Basic Officer Leadership Course (BOLC) dated 3 November 2015 – reflective of the NGB approving a 12 month Time in Grade (TIG) extension (36 months in total). f. DD Form 4 (Enlistment Document) dated 13 July 2012 – reflective of her 8 year enlistment in the ARNG. g. MFR – Interstate Transfer (Conditional Release) dated 2 June 2014 – reflective of the OHARNG authorizing 90 days for her to locate to another unit to transfer into; suspense date of 2 September 2014. 4. On 4 December 2019, the NGB reviewed the applicant’s records and rendered an advisory opinion in her case. After a thorough review, the Chief, Special Actions Branch recommended a full grant of her request thereby reinstating her entitlement to participation in the SLRP. He cited that the majority of the circumstances surrounding the delay were beyond the applicant’s control and appear to be a failure on her senior leadership to take care of Soldiers. The complete advisory is available for the Board’s review. 5. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She replied: a. She felt she did all she could to meet the standards within her contract; however, there were situations outside of her control which caused her not to remain within standards. b. Since submitting her appeal in June 2017, she became a Maintenance Company Commander, completed Captain’s Career Course in October 2017 and was promoted to Captain December 2018. c. She completed a successful command December 2019 and completed her Master’s in Educational Leadership in December 2018. She continued to progress in her career in both her military and civilian sectors. d. She continues to impact the Army in a positive way. e. She is appreciative to NGB for evaluating the facts and recommending approval because although the SLRP was in question, she continued to make payments, remained in good standing, and continued to progress in all aspects of her life. She feels this shows greatly toward her character, integrity and resilience. 6. See all applicable regulatory guidance below under REFERENCES. 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, her record of service, the reasons for her requested interstate transfer, the attempts to secure a seat at BOLC and the denial of her request for ETP to retain the SLRP. The Board considered the review and conclusions of the NGB advising official and agreed that the applicant’s reason for transfer and efforts to comply with her contract support a favorable decision regarding her eligibility for the SLRP. Based on a preponderance of evidence, the Board determined that a correction to her record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 to reflect: - The applicant remained eligible for SLRP benefits in the amount stated in her incentive documents; - That she submitted required documentation for SLRP benefits that was accepted and processed by the appropriate official, and; - She received SLRP incentive payments up to the authorized program limit. 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. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures) states in 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with recoupment if they separate from the Reserves for any reason (including enlistment or voluntary order to active duty in the active forces; other than by death, injury, illness or other impairment not the result of my own misconduct, or involuntary separation as a result of unit inactivation, relocation, reorganization, or a DoD-directed reduction in the Selected Reserve force. 2. NGB Selected Reserve Incentive Program (SRIP) Policy 12-01 states that applicants must enlist, reenlist or extend in a critical skill and remain in an authorized position for their entire service obligation. Officers must successfully complete Basic Officer Leader Course or Warrant Officer Basic Course in their designated AOC or MOS within 24 months of the date of commission or appointment. 3. Army Regulation (AR) 130-7 (Incentive Programs) states that the Student Loan Repayment Program Agreement remains in force regardless of subsequent reenlistments or extensions until separation from the Selected Reserve or attaining the maximum authorized limits. To continue an entitlement, a soldier must avoid being designated an unsatisfactory participant per AR 135-91, chapter 4, section III. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily per AR 135-91. A person must serve in the Selected Reserve for the full term of the contractual agreement per paragraph 5.J-3b. He or she must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government. Entitlement to the SLRP will stop if the soldier becomes an unsatisfactory participant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170010063 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1