ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20170013098 APPLICANT REQUESTS: reversal of the National Guard Bureau’s (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive in the California Army National Guard (CAARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Marine Corps (USMC) DD Form 214 (Certificate of Release or Discharge from Active Duty) * Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * ETP Recommendation memorandum * two emails pertaining to the SLRP * National Guard Bureau (NGB) ETP Denial memorandum * Congressional correspondence pertaining to the SLRP * Army Review Boards Agency letter 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. On October 2009, he enlisted in the CAARNG for 6 six years for an opportunity to serve his country in a time of war and to be reclassified in military occupational specialty (MOS) 25B (Information Technology Specialist) in order to receive a cash bonus and the SLRP to pay off his college student loan debt of $14,000.00. His recruiter promised him these incentives if he signed-up for 6 years with the CAARNG. As soon as he arrived at his new unit, he was informed his recruiter never received an approval state bonus control number, even though the recruiter promised him that this was already approved by the CAARNG and wrote it down on his enlistment contract. During 2009, he made arrangements to attend MOS 25B school; however, he was unable to attend due to not having a security clearance. From 2009 to 2013, he waited to receive a security clearance, but every time, the Readiness Noncommissioned Officers (NCO) told him that it was not adjudicated by the U.S. Army. b. Sometime in 2013, he obtained a security clearance. In 2011, he was hired to work with the U.S. Border Patrol in Douglas, AZ and requested a transfer to the State of Arizona. He was denied the intra-state transfer by the AZARNG due to not having an MOS. In 2014, he was finally able to reclassify in MOS 11B (Infantryman) because someone was unable to attend this MOS 11B school and he took that person’s seat. He accepted the 11B MOS because it was the only available MOS at the unit according to the Readiness NCO and because he needed to be MOS qualified (MOSQ) to transfer to the AZARNG. c. Due to the fact he was unable to become MOSQ for almost 5 years and because it was beyond his control, he strongly requested his SLRP incentive be honored according to his enlistment contract. He has already served honorably during entire enlistment contract with the CAARNG. The least he expects is for the ARNG to honor part of the enlistment contract. Before joining the CAARNG, he served honorably with the USMC for almost 13 years of active duty service. He is currently employed with the U.S. Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol. d. It is unjust because he would not had signed a 6-year contract had he known that the recruiter lied to him about the SLRP contract. He served well and honorably his entire contract and then some. He is currently making payments to his college loan and it is unjust because he would not be making those payments if the ARNG had honored his contract. 3. Review of the applicant’s service record shows: a. Having prior USMC enlisted service, he signed Annex L (SLRP Addendum - ARNG) to DD Form 4, on 21 October 2009. The addendum stated in: (1) Section II – Eligibility: * He was enlisting in the ARNG for the SLRP * He had one loan existing in the amount of $12,500.00 and the total amount of repayment for qualifying loan(s) would not exceed $20,000.00 (2) Section III – Entitlements and Payments: * the Government would repay a designated portion of any outstanding loan(s) that he has secured since 1 October 1975 * loans must be 1 year old or older on his first anniversary eligibility date to qualify for the program * the portion that may be repaid annually on any qualifying loan(s) will not exceed 15% (not to exceed $3,000.00 per year) of the total of all loans of $500.00, whichever is greater * payment would be processed on the anniversary date of his enlistment for each satisfactory year of service (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 21 October 2009. b. He enlisted in the CAARNG on 27 October 2009, for 6 years. c. On 12 January 2015, the CAARNG requested an ETP for the applicant regarding the Selected Reserve Incentive Program (SRIP) 07-06 Prior Service SLRP. The applicant’s service contract start date, obligation date, end date, and type of SLRP were coded incorrectly in GIMS based on documentation. In light of the extenuating circumstanced which were not the fault of the applicant. The CAARNG recommended approval of the ETP request. d. On 30 November 2015, the NGB denied his ETP request for the SLRP. The NGB official stated: * the ETP to retain the $50,000.00 was disapproved because the applicant did not enlist in DMOSQ (Duty MOS Qualified) which violated Department of Defense Instruction (DODI) 1205.21, paragraph E8.1.1.3 * the contract/bonus addendum was obsolete and the bonus control number was requested after the date of reenlistment, which violated NGB Education Division Instruction (NGB-EDUi) 1.1., ARNG Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP), effective 1 October 2009 * the applicant contracted for MOS 09B (Trainee) and his current MOS was 11B * the State Incentive Manager would terminate the incentive without recoupment effective the contract start date e. On 11 December 2015, he was inter-state transferred to the AZARNG. f. On 31 August 2017, he was honorably retired. 4. By DODI 1205.21, the Soldier must currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of initial active duty training, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. 5. NGB EDU 1.1 (CHELRP), an incentive will be terminated if a Soldier moves to another MOS or is reclassified in an MOS other than that for which contracted. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Board members believed that the applicant should not be penalized for administrative errors committed by the State/NGB. They also noted that the applicant completed his term of enlistment/reenlistment. Board members believed none of the three reasons indicated by the NGB denial is attributed to the applicant and therefore an injustice was present which warrants a relief. 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 and Army National Guard records of the individual concerned be corrected by showing the National Guard Bureau approved the applicant's decision for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive in the California Army National Guard (CAARNG). 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. The National Guard Bureau Education Division Instruction 1.1, dated 1 October 2009, contains all policy and procedural guidance for all loan repayment programs for the ARNG. This instruction supersedes all other policy and procedural guidance on the SLRP (now known as the ELRP), the Health Professional Loan Repayment Program and the Chaplain Loan Repayment Program. The combined loan repayment program is now known as the CHELRP. Paragraph 4-2 (Termination) states an incentive will be terminated if a Soldier moves to another military occupational specialty (MOS) or is reclassified in an MOS other than that for which contracted. 3. Department of Defense Instruction Number 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the SLRP. Paragraph E8.1.1.3 states if enlisting, reenlisting or extending for eligibility under the SLRP, the Soldier must currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of initial active duty training, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. ABCMR Record of Proceedings (cont) AR20170013098 5 1