ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 6 August 2019 DOCKET NUMBER: AR20170016719 APPLICANT REQUESTS: Reversal of the National Guard Bureau's (NGB) decision to deny her request for an Exception to Policy (ETP) to retain the $50,000 Student Loan Repayment Program (SLRP) incentive in the Arizona Army National Guard (AZARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum from applicant requesting ETP * Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 20 July 2017 * Memorandum, Subject: Notification of ETP Result, dated 15 August 2017 * Memorandum, Subject: Notification of Incentive Eligibility Termination, dated 15 August 2017 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 in effect: * on 2 February 2014, she enlisted in the AZARNG with a SLRP incentive * she was then offered a Reserve Officer Training Corps (ROTC) Simultaneous Membership Program (SMP) and was under the impression she would continue to receive SLRP benefits * in order to complete her bachelor’s degree and become a leader in the AZARNG, she was forced to accept the scholarship since she was not able to afford to complete her courses * she requested an ETP, but it was denied and her SLRP was terminated * her SLRP benefits need to be reactivated in order to use them in the future to further her education * she was unaware that her SLRP benefits were terminated until 2016, when she started the process to get back her benefits * she does not believe her benefits should be taken away because she wanted to further her education and career in the Army 3. The applicant provides: * a request on 18 April 2017 for an ETP to retain SLRP benefits * Memorandum, Subject: Request for ETP for SLRP wherein the NGB informs her that her request was disapproved for entering SMP/ROTC which violated ARNG Selected Reserve Incentive Programs (SRIP) 13-01 * Memorandum, Subject: Notification of ETP Result from the AZARNG Education Services wherein the applicant was informed of the NBG’s determination * Memorandum, Subject: Notification of Incentive Eligibility Termination wherein the education services officer cites the NGB determination and notified the applicant that her SLRP incentive would be terminated without recoupment upon the first day of her class start date 4. A review of the applicant’s service records shows the following: a. She enlisted in the AZARNG on 6 February 2014. In conjunction with her enlistment agreement, an NGB Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum) was completed showing the following: (1) In section II (Eligibility) she indicated she was a non-prior service applicant enlisting for a Critical Skill vacancy in the grade of E4 or below in the Military Occupational Specialty (MOS) 88M (Transportation Specialist). (2) She had two disbursed loans existing in the amount of $5,500.00. (3) She acknowledged she may be terminated without recoupment if she voluntarily changed her MOS during the contractual obligation. b. On 28 August 2014, the applicant contracted in the Senior ROTC Program/SMP and accepted an ROTC scholarship for a period of 3 years. In connection with her ROTC contract, her primary MOS of 88N was withdrawn, and she was awarded the MOS 09R (ROTC Cadet) effective 28 August 2014. 5. Department of Defense Instruction (DODI) 1205.21 states in: a. Section 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. b. Section 6.6, persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. c. Section 6.8, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. It further states that unless granted relief, termination is for a move to a non-bonus skill or unit, unless the move is required by the Reserve component. 6. National Guard Regulation (NGR) 600-7 (SRIP) states in chapter 5 (SLRP), paragraph 5-5 (Termination and processing) that entitlement and eligibility for SLRP will be terminated without recoupment when the Soldier: * voluntarily transfers to a non-bonus unit and a non-critical skill (termination is effective as of the effective date of transfer) * becomes a participant of SMP/ROTC advanced course (termination is effective on the date of order to the course) * receives a ROTC scholarship (termination is effective on the college class start date 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 enlistment and SLRP incentive, her receipt of an ROTC scholarship and the resulting termination of her SLRP incentive as a result of an NBG denial of her requested exception to policy. The Board found that the applicant violated the terms of her enlistment contract and her contracted incentive was appropriately terminated upon the start of the period of her ROTC scholarship. Based upon a preponderance of evidence, the Board determined there was no error or injustice requiring a record correction. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :JX :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. DODI Instruction 1205.21: a. Section 6.2 (Written Agreements) states 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. b. Section 6.6 (Relief from Termination) states persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g.,weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. c. Section 6.8 (Termination and Recoupment) states if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. It further states that unless granted relief, termination is for a move to a non-bonus skill or unit, unless the move is required by the Reserve component. 3. NGR 600-7 (SRIP) provides ARNG policies and describes eligibility criteria, sets suspension, terminations, and recoupment requirements, and prescribes processing and payment procedures. Chapter 5 (SLRP), paragraph 5-5 (Termination and processing) states that entitlement and eligibility for SLRP will be terminated without recoupment when the Soldier: * voluntarily transfers to a non-bonus unit and a non-critical skill (termination is effective as of the effective date of transfer) * becomes a participant of SMP/ROTC advanced course (termination is effective on the date of order to the course) * receives and ROTC scholarship (termination is effective on the college class start date 4. 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. a. 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 * Loans disbursed after the date of enlistment are not eligible for repayment unless the Soldier is reenlisting/extending for a contractual period of not less than 6 years in the ARNG without a break in service from the original SLRP contract start date * a total of $50,000 was the lifetime maximum amount for the SLRP * following documents were required to be uploaded: NSLDS Aid Summary website sheet; NSLDS Detailed Loan Information sheet; non-NSLDS promissory notes and disbursement sheets b. A NPS SLRP recipient must enlist for a critical skill vacancy in the grade of E-4 or below in an MOS, para/lin within Tier Levels 1-6 only c. An Officer who contracted for SLRP while as an enlisted Soldier is not authorized an extension to his or her SLRP contract upon being commissioned. d. Payments could not exceed $50,000, with annual repayments, including interest, not to exceed $7,500. Each individual loan had to be at least 1-year old on the anniversary date of the enlistment. Anniversary SLRP payments could not exceed 15 percent, or $500 (whichever was greater) of the initial disbursed amounts that were approved on the date of enlistment. e. Termination without Recoupment. If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the SM's written agreement/addendum, the SM shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. The following criteria govern this category (Note: Soldiers with incentives being terminated must have detailed remarks in GIMS along with supporting documents uploaded that substantiate the action taken): (1) A Soldier who serves at least 1 day past the initial contract start date and becomes either an SMP of an authorized Officer Commissioning Program or accepts an immediate commission as an Officer/Warrant Officer without accepting an OAB/OAFB. The termination date is the SMP college start date or enlisted discharge date. (Note: This does not apply to SLRP.) (2) A Soldier who serves at least 1 day past the initial start before accepting an ROTC scholarship. Termination is effective on the college class start date as noted on NGB Form 594-1/DA Form 597. (Note: This does not apply to SLRP.) ABCMR Record of Proceedings (cont) AR20170016719 4 1