IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20170014258 APPLICANT REQUESTS: * Medical Discharge * Reinstatement of her Student Loan Repayment Program (SLRP) benefits * Reinstatement of her Post 9/11 Transfer of Education Benefits (TEB) * Debt remission from service debt associated with previously received Reenlistment Bonus (RB) incentive APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs Letter (Summary of Benefits) * Order# 16-279-00006 * Memorandum for Record: Unsatisfactory Participation Removal FACTS: 1. The applicant states in part: * she received an honorable discharge (medical) due to injuries that she sustained while on active duty * as a result, her entitlement to the SLRP was terminated and she was advised that her entitlement to Post 9/11 TEB would be removed * she currently has a $4018.00 debt reflected by the Department of Finance and Accounting Services (DFAS) associated with her RB * prior to her separation, her assigned unit denied her initiation of a Medical Evaluation Board (MEB) for over 4 years * she further contests that she served for 15 years in the military and is currently rated at 100% by the VA (disability) 2. A review of the applicant’s available service records reflects the following on: * 23 June 2001 – she enlisted in the Army Reserve for 8 years; on page 6 of DA Form 3540-R it indicates that she was entitled to the Selective Reserve Incentive Bonus (SRIP) in the amount of $5000 – however the Selective Reserve Incentive Program “Student Loan Repayment Program” (SLRP) reflects “N/A”; DA Form 5261 (Selected Reserve Incentive Program – Enlistment Bonus Addendum) indicates entitlement to an MOS bonus in the amount of $5000 * 5 October 2016 (Order#16-279-00006) – she was honorably discharged from the Army Reserve due to medical disqualification not in result of her own misconduct 3 November 2016 * 12 June 2019 – the United States Army Reserve Command (USARC) approved her request for an exception to policy. Her previous command determined that the unexcused absences were erroneous, and the erroneous codes were therefore removed. Based upon the circumstances of this case, the USARC G-1 approved the reinstatement of her Reenlistment Bonus (RB) and repayment of any monies previously recouped. * 4 February 2019 – the Defense Finance and Accounting Service provided Bonus Termination Documentation dated 13 June 2019 reflective of debt remission in the amount of $4,018.67 and $63.42 of initial penalty administrative charges (Int-Pen-Adm-Chgs), minus the $950.00 previously collected, the $164.50 debt write offs and $.61 of I-P-A write offs resulting in a balance due total of $2,966.98. The original debt amount reflected, as of the initial notification date (27 April), was $3,854.17. 3. The applicant provides the following a: * Department of Veterans Affairs Letter (Summary of Benefits) dated 28 July 2015 – reflective of her disability rating by the VA at 100% * Order# dated 5 October 2016 – reflective of her being honorably discharged from the Army Reserve due to medical disqualification not in result to her own misconduct effective 3 November 2016 * Memorandum for Record: Unsatisfactory Participation Removal dated 18 December 2015 – reflective of her Commander’s approval to remove 9 erroneous unsatisfactory participation codes currently reflected in her records – Soldier currently being processed by a Medical Evaluation Board 4. A review of her available military records indicate a void of a subsequent DD Form 4 (Reenlistment contract) after her initial 8 year contract, a signed DA Form 5261-4-R (Student Loan Repayment Addendum) indicating her entitlement to the SLRP, a DA Form 199 (Physical Evaluation Board Proceedings) indicating the findings of a medical evaluation board or documentation reflective of her election to transfer benefits to her family members in accordance with the TEB policy. 5. The applicant’s current DA Form 5016 (Chronological Statement of Retirement Points) reflects 7 years of qualifying service; however, the time reflected on the form only covers 22 June 2003 through 3 November 2016. The applicant entered the service on 23 June 2001. Of the service dates available, she incurred approximately 7 years of unqualified service towards retirement. 6. See all applicable guidance below under REFERENCES. BOARD DISCUSSION: After review of the application and all evidence, the Board found sufficient evidence to grant partial relief. The applicant requested the following: * Medical Discharge * Reinstatement of her Student Loan Repayment Program (SLRP) benefits * Reinstatement of her Post 9/11 Transfer of Education Benefits (TEB) * Debt remission from service debt associated with previously received Reenlistment Bonus (RB) incentive 1. Regarding the applicant’s request for medical discharge, the Board found insufficient evidence to support this request. The burden of proving an error exists rests with the applicant. The applicant provided no supporting evidence for this portion of her claim. The applicant’s orders, dated 5 October 2016 discharged her with an honorable discharge with additional instructions of “medically disqualified, not result of own misconduct.” The applicant provided insufficient evidence that these orders were in error. Therefore, the Board denied relief regarding this portion of the applicant’s request. 2. Regarding the applicant’s request to reinstate her SLRP benefits, the Board found insufficient evidence to grant this portion of the applicant’s request. The applicant’s available bonus addendum dated 23 June 2001 is annotated with “N/A” for the SLRP. 3. Regarding the applicant’s request to reinstate her Post 9/11 Transfer of Education Benefits (TEB) benefits, the Board found sufficient evidence to grant partial relief. According to the applicant’s records, she had more than six years of creditable service, but less than 10 years of creditable service. Therefore, per regulation and law, she is eligible to TEB to her spouse, but not to her children. Therefore, the Board grants TEB to the applicant’s spouse, but denies TEB to her children. 4. Regarding the applicant’s request for debt remission from service debt associated with previously received Reenlistment Bonus (RB) incentive, the Board found sufficient evidence to grant relief. Her unit removed the 9 U’s from her attendance record due to medical processing, therefore she is eligible to retain her bonus and receive any funds already recouped. 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 records of the individual concerned be corrected by a. Reinstating her Post 9/11 Transfer of Education Benefits (TEB) benefits to her spouse. b. Remit her service debt associated with previously received Reenlistment Bonus (RB) incentive, c. Reimburse the applicant any funds previously recouped for her previously received RB incentive. 2. The Board recommends denial of this portion of the applicant’s request: a. The applicant’s request for medical discharge. b. Transfer of education benefits to her child. c. Her request to reinstate her SLRP benefits, 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). Repayment shall not be sought and any remaining unpaid portion of a pay or benefit due to a member under a written agreement shall be paid at the time of separation or retirement for a disability described under Chapter 61 of title 10, U.S.C., that was incurred in the line of duty in a combat zone designated by the President or the Secretary of Defense or in a combat-related operation designated by the Secretary of Defense, and/or for a combat-related disability, as defined under section 1413a(e) of title 10, U.S.C.. Repayment will be sought and any unpaid balances may not be paid to members who incur a disability as a result of their misconduct. In all other instances involving a member's separation for medical reasons not falling under Chapter 61 or section 1413a(e), which were not the result of the member's misconduct, the Secretary concerned has the discretion to determine whether to require repayment of the unearned portion of the pay or benefit, or to pay an unpaid balance of a pay or benefit 2. Public Law 110-252, as amended by Public Law 111-377, identified the qualifications to receive the Post-9/11 GI Bill, one of which was that the service member must have performed active service on or after 11 September 2001 in order to be eligible for the Post-9/11 GI Bill. Public Law 110-252 established legal requirements on the transferability of unused benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. a. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. c. A Soldier may only transfer to eligible family members. To be considered an eligible family member the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS). Children lose eligible family member status upon turning age 21 or at marriage. Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS). Wards of State are not eligible for the benefits. Once the benefits are transferred, children may use the benefits up to age 26. d. A Soldier must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009. 3. MILPER Message Number 17-059 (Change in Interpretation of Service Qualifying for Post 9/11 GI Bill and TEB) states beginning 1 October 2016, HRC began counting ADT, ADSW and ADOS-RC performed after 10 September 2001 as qualifying service for the Post 9/11 GI Bill and the TEB, because this service was performed pursuant to Title 10, USC, section 12301(d). Effective 1 August 2009, HRC began counting active duty performed pursuant to Title 10, USC, sections 688, 12301(a), and 12301(d) mobilization/contingency/ADOS-AC/CO-ADOS-AC, sections12301(g), 12302, and 12304, Regular Army and other equivalent regular services, and Title 32, USC, section 502(f) for Operation Noble Eagle (11 September, 1-31 May 2002) and Active Guard/Reserve (AGR) (state level) as qualifying service for Post 9/11 GI Bill and TEB, and will continue to count this service. In all cases, only qualifying service performed after 10 September 2001 will count for Post 9/11 GI Bill and TEB. 4. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, and: a. Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. Has at least 10 years of service in the Armed Forces (active duty and/or service in the Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or c. Is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service. 5. DODI 1341.13 states that Service Members with at least six years, but less than 10 years of service, agree to an additional four year service obligation from the TEB request date. However, Soldiers in this timeframe while in the IDES process are not permitted by the U.S. Army Retention policy to extend or reenlist for the additional four year service obligation. An Exception to Policy (ETP) to extend or reenlist must be approved. To initiate an ETP request, a Soldier must contact their servicing Career Counselor to request the initiation of an ETP request to extend or reenlist in order to meet the additional service obligation. The ETP request must be approved and the Soldier must extend or reenlist for the additional four year service obligation prior to the PEB finding the Soldier is physically unfit as indicated on DA Form 199. Soldier with ten or more years of qualifying service will not require an ETP, but must submit a request for transfer of benefits after the medical separation order has been provided to the Soldier and before the effective date on the medical separation order. The Soldier may request transfer of benefits through the TEB website and should email a copy of their medical separation order to HRC. The Soldier’s TEB service obligation will be adjusted to meet the Soldier’s date of medical separation. 6. Selective Reserve Incentive Program (SRIP) list effective 1 May 2001 states that the Non-Prior Service Enlistment Bonus (NPSEB) for a 62E is $3000.00. It further states that the 6 Year Reenlistment Bonus (RB) is not restricted to High Priority units but restricted by critical skill for a total amount of $5,000. A Soldier will qualify for a Reenlistment Bonus or Student Loan Repayment Program (SLRP) only if their Military Occupational Specialty (MOS) is contained on the FY 01 SRIP list. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014258 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1