ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 15 October 2019 DOCKET NUMBER: AR20170010130 APPLICANT REQUESTS: reversal of the National Guard Bureau’s (NGB) decision to deny his request for an exception to policy (ETP) to retain the Student Loan Repayment Program (SLRP) incentive in the California Army National (CAARNG) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NBG disapproval of ETP * ETP request * Repayment application * Financial Aid Review/Aid Summary * Soldier’s assignment history * Email traffic regarding the ETP process FACTS: 1. The applicant states: a. He was approved to drill with the 79th Infantry Brigade Combat Team (IBCT) located in San Diego, California, because that is where he lives. The commanding officer (CO) of the 79th IBCT allowed him to support and assist the brigade medical liaison, Sergeant First Class (SFC) X__, in his daily duties during inactive duty training. During this time (January 2015 – February 2016), 79th IBCT asked him to support their Public Affairs Officer. He did as requested and also maintained his medical coverage and support to the brigade and attached units. The CO asked him if he wanted to attended the 46Q (Public Affairs Specialist) military occupational specialty (MOS) school. He accepted with all intentions of remaining in his MOS of 68W (Health Care Specialist/Combat Medic). It is his understanding that at some point during this thirteen month period, he was taken out of his 68W paragraph/line and put into a 46Q paragraph/line. b. However, he never left to attend the 46Q training and soon after deployed to Guantanamo Bay, Cuba as the medical noncommissioned officer-in-charge. He served as the operations noncommissioned officer for the Joint Troop Clinic for nine months. It was there, after countless emails and requests to have his SLRP reviewed that he was told he was in breach of contract, because of the administrative paragraph/line moves and his student loans would not be paid. c. He extended his commitment to the CAARNG with the understanding that he qualified for the SLRP. This was promised to him when he initially enlisted in 2008, only for him to find out it was not in his contract. He was very upset back in 2008-2009 and again after his seventh year when he repeatedly asked his leadership to look into the issue. After eight years, while on a deployment, he is informed that the issue has to do with him having been administratively placed into a different MOS even though he holds no MOS other than 68W. He and his current leadership believe this is unjust. He has served the Army medical section for over eight years and asks that this be reviewed and his SLRP approved. He loves what he does and as a leader will accept the Board’s decision. In retrospect, he would have asked to have be released from his contract because this was the primary reason he re-enlisted. 2. The applicant provides: a. A memorandum from the NBG, dated 17 May 2017, disapproving his ETP request. The discrepancy cited in support of disapproval is that he “voluntarily transferred out of the contracted MOS which violates the Department of Defense Instruction 1205.21, paragraph 6.8.3.” b. His 3 April 2017 memorandum requesting an ETP, which essentially reiterates the matters stated in paragraph 1 above. c. A DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), signed by applicant on 11 January 2016. d. A Federal Student Aid/Financial Aid Review for applicant downloaded from the National Student Loan Data System and printed on 17 March 2016. The printout shows eighteen different student loans were disbursed to applicant beginning in November 1989. e. What appears to be a screenshot of data regarding applicant’s assignment history. Three entries in the column “MOS Code (RB)” list applicant as a 46Q. One entry lists him as a 68Q (Pharmacy Specialist). The remaining six entries reflect 68W. f. An email exchange between applicant and SFC X__, CAARNG, Incentive Office, from March 2017 regarding how to process an ETP and referencing the MOS issue as the crux of the problem with his SLRP eligibility. 3. A review of the applicant’s service record shows: a. On 15 September 2008, he enlisted in the Army National Guard of the United States for a period of eight years. b. On 16 April 2011, he successfully completed a two week Basic Leader Course. The DA Form 1059 (Service School Academic Evaluation Report) shows his MOS as 68W1. c. On 11 August 2013, the applicant executed an NGB Form 600-7-5-R-E (Annex L to DD Form 4 or DA Form 4836 SLRP Addendum). Section II-Eligibility, paragraph 2d states that he is reenlisting/extending in MOS 68W in the grade of E-7 or below in order to establish the Critical Skill requirements on his contract start date. Section VI- Termination, paragraph 2b states that his SLRP eligibility may be terminated if he voluntarily changes his MOS. Staff Sergeant X__ X__ and Captain X__ X__ signed the form certifying that they had verified applicant met the SLRP eligibility requirements then in effect. d. On 13 November 2017, the applicant executed an additional extension through 14 September 2026. He remains actively engaged in his CAARNG service having successfully completed two Advanced Leader Courses, in MOS 68W, in April and May 2019 and received an impact Army Achievement Medal on 25 June 2019. 4. 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. 5. ARNG Selected Reserve Incentive Programs (SRIP) Policy for FY13, effective 1 January 2013 through 30 September 2013, (Policy Number 13-01), dated 29 November 2012, provided specific requirements for those receiving the SLRP. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he contracted for the SLRP as a 68W. He intended to change his MOS to 46Q; however, he did not go through the process and remained a 68W. The Board agreed he was erroneously placed in a unit manning roster slot under a different MOS although he was not MOS qualified for the position. He maintained his MOS as 68W, and should have been eligible to receive the SLRP. 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 by showing he met the requirements to receive student loan repayment program (SLRP) payments as contracted for on his SLRP Addendum, dated 19 February 2013. 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. ARNG SRIP Guidance for FY13, effective 1 January 2013 through 30 September 2013, (Policy Number 13-01), dated 29 November 2012, established policy to administer ARNG incentives for the stated period. Paragraph 17 (SLRP) provided specific requirements for those receiving the SLRP, and included the following: * the recipient had to have one or more qualifying and disbursed Title IV Federal loan(s) that was not in default at the time of enlistment; the loans had to be listed on the NSLDS website * loans had to have been disbursed prior to enlistment and were required to be at least 1-year old on the anniversary date of the contract * a total of $50,000 was the lifetime maximum amount for the SLRP/09S program * a prior service (PS) SLRP recipient had to enlist for a minimum 6 year term of service * a PS recipient had to enlist into a qualifying, valid vacancy in an MTOE or Medical TDA unit only and must not be filling excess, over-strength or manually- loaded vacancies * SLRP eligibility terminated with recoupment if a Soldier voluntarily changed his/her Critical Skill MOS during the contractual obligation 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, 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// ABCMR Record of Proceedings (cont) AR20170010130 4 1