ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 January 2020 DOCKET NUMBER: AR20170016741 APPLICANT REQUESTS: to receive the Student Loan Repayment Program (SLRP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * continuation of application * self-authored ETP request * unit information * Annex L SLRP Addendum * National Guard Bureau (NGB) memorandum regarding Exception to Policy (ETP FACTS: 1. The applicant states: * the contents of the appeal are to address the issue of her lost incentive of the SLRP * she lost the SLRP due to voluntary unit transfer and the consideration for an ETP after reviewing her specific case * when she agreed to transfer units she was not aware she would jeopardize her SLRP incentive * this was not brought to her attention nor was she counseled on the specific topic by the incentive manager of the state * the contract she signed on 18 July 2013 does not state she would lose her SLRP if she transferred units * she has continued to meet all requirements outlined in her contract in Section II Eligibility, Section III SLRP Payment, Section IV Suspension/Reinstatement, and Section V Continued Receipt * to continue even further, she has not done anything in Section VI Termination to terminate or suspend her incentive that was outlined in the contract in black and white * she still holds the same Military Occupational Specialty (MOS) * she is still serving her contract in the Montana Army National Guard (ARNG) * if she had knowns the facts previously, she would never have decided to change units and in turn lose an incentive that is very valuable to her * transferring to the Helena Joint Forces Headquarters unit has not only benefited her as a growing Soldier but the Montana ARNG as well * she transferred to continue developing herself as a human resources Soldier so she may continue to be an asset * she has spent three quarters of her contract in the same unit consequently plateauing her knowledge * since transferring to Helena, she is readily being utilized to the fullest of her capability and has had the opportunity to gain more knowledge in the process * if necessary, to regain her SLRP, she is willing to go back to the previous unit of her contract * prior to moving units, she always thought she would do her time and not reenlist * since moving to the Helena unit, she has regained a motivation that was getting rather burnt out in her previous unit * she found more fun as well as more opportunity to positively develop as a Soldier and serve at a higher capacity * having this re-kindling of motivation has given her the desire to reenlist and continue to lead, grow and positively represent the Montana ARNG * in her old unit there was no career progression * E5 was the highest she could progress there * part of her decision to transfer was to make her more readily visible in another unit with career progression * she did this to learn the tasks and skills she needed to move to the next rank as well as introduce herself to new leadership and make an imprint on her capabilities and strengths to be promoted in the future * in the state of Montana, all E-6 and above positions are in table of distribution and allowance (TDA) units * she would have had to transfer to a TDA unit to achieve an E-6 rank * the SLRP has helped her family immensely * previously, she was a single mom with an 8 year old and a 5 year old * the extra income had gone to her children for their schooling, extracurricular activities, and future savings * not having to make payments on her loans herself took a huge burden off of her so she could provide more comfortably for her family * she asks the Board to consider an evaluation of her situation and reinstate the loss of her SLRP 2. The applicant's service records contain the following documents for the Board's consideration: a memorandum from NGB, dated 6 September 2017, subject: Second Review Request for ETP for SLRP for the applicant. This ETP supersedes the ETP request dated 18 May 2017, which states: * an ETP to retain the $50,0000 SLRP is disapproved * the applicant enlisted into an unauthorized TDA in violation of SRIP 13-01 * she voluntarily transferred out of the contracted Unit Identification Code which violated Department of Defense Instruction (DODI) 1205.21 paragraph 6.8.3 * the discrepancies listed violate a DODI and the ARNG does not have the authority to approve the request. 3. The applicant’s records are void of her ETP requests or response for first review request for ETP for SLRP. 4. The applicant provides the following documents for the Board's consideration: a. A self-authored ETP request, dated 23 March 2017, which reiterates what she requested on her application. b. An excerpt on unit information for TDA units of the Montana ARNG showing E-6 positions in TDA assignments. c. Annex L SLRP Addendum ARNG, dated 18 July 2013, which shows: * the applicant must fill a valid unit vacancy position in a Modified Table of Organization (MTOE) or Medical Table of Distribution and Allowances (TSA) unit only * there is no provision on the SLRP addendum whereby the applicant would lose the SLRP upon transfer to another unit d. a. A memorandum from NGB, dated 6 September 2017, which was also present in her service record. 5. See below for the applicable references. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board noted the reasons the applicant was denied an ETP to retain the SLRP, but gave more weight to the contract she signed, which does not clearly identify that voluntarily moving to a TDA unit would terminate her eligibility for the incentive. The Board agreed that the language in the contract she signed only required her to enlist for an MTOE or TSA unit for a period of 6 years. The contract does not specify that later moving to a TDA unit would be a basis for terminating the incentive. The Board agreed that the applicant should not have an incentive taken away due to a career decision that was not anticipated by the contract she signed. ? BOARD VOTE: Member 1 Member 2 Member 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 the Student Loan Repayment Program incentive she contracted for on 18 July 2013 was not terminated. 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. REFERENCE: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.8.3, if entitlement to an incentive is terminated for any reason before the fulfillment 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. Unless granted relieve, the member must refund a prorata amount to the Government if termination is because the Soldier moves to a non-bonus skill or unit, unless the move is required by the Reserve Component. 2. SRIP 13-01 states: a. Each SLRP recipient must enlist into a qualifying, valid, top-loaded AUVS vacancy position in REQUEST in an MTOE or Medical TDA unit only. The recipient must not be filling excess, over-strength, or manually-loaded vacancies. (Exception not authorized other than 09S who may enlist into a manually created vacancy in an MTOE or Medical TOA unit only) b. The SLRP will be terminated without recoupment for any break in service. There is no provision for termination of the SLRP upon transfer to another unit. c. The SLRP will be terminated with recoupment upon erroneous receipt of anniversary payments or overpayment when not eligible or authorized. ABCMR Record of Proceedings (cont) AR20170016741 4