BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20170011217 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20170011217 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 and Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved authorizing the applicant to retain the $50,000.00 Student Loan Repayment Program incentive, and making any payments due as a result of this correction. _____________x____________ CHAIRPERSON 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. BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20170011217 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show entitlement to the $50,000 Student Loan Repayment Program (SLRP) incentive that he contracted for upon enlistment in the Army National Guard (ARNG). He also requests personal appearance before the Board. 2. The applicant states at the time of his enlistment (30 April 2013), he had a total of 10 loans in the amount of $47,868. a. He states the National Guard Bureau (NGB) denied his request for an exception to policy stating that he failed to enter military occupational specialty (MOS) training within 180 days after withdrawal from Officer Candidate School (OCS). He withdrew from OCS on 31 March 2014, departed OCS on 1 April 2014, began his travel to attend MOS training on 16 October 2014, and classes began on 27 October 2014. He calculates the period from OCS withdrawal until MOS training as 197 days. He adds that he is not sure if travel time and weekends are included in the calculation. b. He states that the course length for MOS 35F (Intelligence Analyst) is 20 weeks and there were only two available classes for the MOS training [per year]. He notes that it would not have been possible for him to enter MOS training within 180-days unless he already had an MOS training slot reserved before he left OCS. The primary reason he joined the ARNG was to receive the SLRP incentive. He adds that it would be very disheartening for him to fulfill his enlistment contract and not receive the SLRP incentive due to the unforeseen delay in his enrollment for MOS training and attending advanced individual training (AIT). 3. The applicant provides copies of his: * request for ETP for SLRP * NGB denial of ETP for SLRP * email messages CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the ARNG of the United States (ARNGUS) on 30 April 2013 for a period of 8 years and in the Texas ARNG (TXARNG) for a period of 6 years in pay grade E-4. Section B (Agreements), Remarks, shows the entry "None." a. A Guard Annex (Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment), dated 30 April 2013, shows in Section IV (Acknowledgement) that the applicant enlisted for MOS 09S (Commissioned Officer Candidate) with a reporting date of 19 August 2013. b. An NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum ARNGUS) outlines the terms and conditions governing the SLRP agreement. It shows the applicant was a non-prior service applicant enlisting for a term of at least 6 years in the TXARNG with a concurrent statutory military service obligation in the ARNGUS of 8 years. It also shows, in pertinent part, in: (1) Section II (Eligibility), he acknowledged ten (10) existing loans in the amount of $47,868.00 and that the total amount of repayment of qualifying loan(s) would not exceed $50,000 with annual repayments of 15 percent (%) of the original balance of the loan(s), plus accrued interest, or $500 plus the accrued interest, whichever is greater, as established by law. (2) Section III (SLRP Payment), shows payment will be processed on the anniversary date of the enlistment for each satisfactory year of service. (3) Section IV (Suspension/Reinstatement), the SLRP incentive may be suspended and no anniversary payment will be paid during the time of suspension if the service member withdraws from the OCS program and does not become Duty MOS Qualified (DMOSQ) in any vacant enlisted MOS. The service member must also commence AIT within 180 days following withdrawal from OCS. (Suspension is lifted upon becoming DMOSQ.) (4) Section VI (Termination), the SLRP incentive may be terminated with recoupment for failure to begin AIT within 180 days following withdrawal from OCS or failure to become qualified in an enlisted MOS after withdrawal from OCS. (5) The applicant, the service representative, and a witnessing official signed the form on 30 April 2013. The Header area of the SLRP Addendum shows the Reservation Transaction Identification Number "4142232." 2. Military Entrance Processing Station (MEPS), Dallas, TX, Orders 3231017, dated 14 August 2013, ordered the applicant to initial active duty for training (IADT) on 19 August 2013 for a period of 24 weeks to attend basic combat training (BCT) and OCS. 3. A DD Form 220 (Active Duty Report), dated 1 April 2014, shows the applicant entered active duty on 19 August 2013 and he departed from his duty station to home on 1 April 2014. 4. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), prepared by an Army recruiter on 26 September 2014, pertaining to the applicant, shows in: a. Section IV (Certifications), item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a (Specific Option/Program Enlisted For), shows he was enlisting under a 6x2 year contract with assignment to Headquarters and Headquarters Company, 3rd Battalion, 144th Infantry [Unit Identification Code] WPEBT0, Fort Worth, TX, for 6 Years; and MOS 35F1O, ARNG Standard Training Program. b. Section VI (Remarks), in pertinent part, "I am enlisting for the Montgomery GI Bill (Chapter 1606) and the SLRP ($50K)." c. The applicant and the MEPS official both signed the document. d. A Guard Annex, dated 26 September 2014, shows in Section IV that the applicant enlisted for MOS 35F. 5. MEPS, Dallas, TX, Orders 4289002, dated 9 October 2014, ordered the applicant to IADT on 16 October 2014 for a period of 20 weeks to attend MOS 35F training. 6. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 5 March 2015, was released from active duty on 11 July 2015, and transferred to his ARNG unit. He completed 4 months and 7 days of net active service this period. It also shows he completed the 18-week Intelligence Analyst course and was awarded MOS 35F. 7. In support of his application the applicant provides the following documents. a. His request for ETP for SLRP, dated 19 December 2016. He provided a timeline that shows – * April 2013 – enlisted in the ARNG * October 2013 – completed BCT * attended OCS from – * October to December 2013, recycled due to failing the 5 mile run * December 2013 to April 2014, received a physical profile due to a stress fracture * April 2014, withdrew from OCS due to the injury * attended Recruit Sustainment Program (RSP) drills from April 2014 to September 2014 – * August 2014, consulted with his recruiter about attending AIT * September 2014, completed paperwork for MOS 35F * October 2014 to December 2014 – attended AIT (MOS 35F); placed on hold pending application and completion of investigation for Top Secret clearance * December 2014 to March 2015 – attended RSP drills * March 2015 to July 2015 – attended AIT (MOS 35F) b. NGB, Arlington, VA, memorandum, dated 14 February 2017, subject: Request for ETP for SRLP, that denied an ETP for the applicant to retain the $50,000 SLRP due to violation of the ARNG Selected Reserve Incentive Program (SRIP) Policy for Fiscal Year 2013, Policy Number 013-01, effective 1 January 2013. The Chief, Personnel Programs, Resources and Manpower Division, NGB, stated the reason for the denial was the applicant failed to enter MOS training within 180 days after withdrawal from OCS. He noted that the applicant failed to complete the 5 mile run in OCS and he failed to complete MOS training within the required period from withdrawal from OCS. c. Email messages between the applicant and NGB officials, spanning the period 13 to 21 February 2017, subject: [Applicant's] ETP for SLRP. They show the applicant was informed of the NGB decision to deny his ETP for SLRP, he was advised that he could accept the decision and his SLRP incentive would be terminated, or he could appeal the NGB decision to the Army Board for Correction of Military Records (ABCMR). The applicant indicated he would appeal the NGB decision. REFERENCES: 1. Army Regulation 135-7 (Incentive Programs), in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. a. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. b. The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation states that applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR or the chair of an ABCMR panel may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant contends that his military service records should be corrected to show entitlement to the $50,000 SLRP incentive. 2. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. 3. Records show the applicant enlisted in the TXARNG on 30 April 2013 for a period of 6 years with entitlement to a $50,000 SLRP incentive based on completion of OCS and appointment as a commissioned officer. a. On 19 August 2013, he was ordered to IADT and he completed BCT. However, he failed to complete OCS due to an injury. He was released from active duty on 1 April 2014. b. On 26 September 2014, an Army recruiter and the applicant completed a DD Form 1966 and a new Guard Annex. The documents show, in pertinent part, that the applicant enlisted for MOS 35F and the SLRP ($50K). c. He was ordered to active duty on 16 October 2014 for a period of 20 weeks to attend training in MOS 35F. There is no evidence of record that shows he completed the MOS training during the period ordered to active duty. d. On 5 March 2015, he was again ordered to active duty. He successfully completed training and was awarded MOS 35F effective 11 July 2015. 4. The evidence of record shows the applicant failed to enter MOS training within 180 days (i.e., by 1 October 2014) after withdrawal from OCS on 1 April 2014. a. However, on 16 October 2014, he was ordered to active duty to attend training in MOS 35F. The evidence of record shows he did not complete the MOS training because the required security clearance administrative/ investigative process had not been completed. b. On 5 March 2015, he was again ordered to active duty. He successfully completed training and was awarded MOS 35F effective 11 July 2015. c. On 14 February 2017, the NGB determined the applicant's SLRP incentive was in violation of the ARNG SRIP, effective 1 January 2013, because the applicant failed to enter MOS training within 180 days after withdrawal from OCS. 5. The evidence of record shows the SLRP incentive may be terminated for failure to begin AIT within 180 days following withdrawal from OCS or failure to become qualified in an enlisted MOS after withdrawal from OCS. 6. The evidence of record shows the applicant did not begin AIT within 180 days of withdrawal from OCS. It also shows the applicant did complete AIT, he was awarded and holds MOS 35F, and he is DMOSQ in the MOS. 7. There is no evidence of record showing the applicant received any annual SLRP installment payments. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170011217 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170011217 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2