IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180002763 APPLICANT REQUESTS: entitlement to the Student Loan Repayment Program (SLRP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR) – Request for Exception to Policy dated 13 February 2017 * DD Form 4 (Enlistment/Reenlistment Document) dated 1 October 2015 * DD Form 1966/1 (Record of Military Processing) dated 1 October 2015 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum) date 1 October 2015 * DA Form 4187 (Personnel Action) dated 6 February 2017 * Order# 251-040 dated 8 September 2017 * MFR – Request for Exception to Policy dated 22 November 2017 * MFR – Notification of Incentive Eligibility Termination dated 6 February 2018 * Excerpt from DODI 1205.21 dated 20 September 1999 * Screenshot from Strength Maintenance Management System (SMMS) FACTS: 1. The applicant states that he signed a contract within the Army National Guard on 1 October 2015 with the intention of completing training as a 94H (Maintenance Support Specialist). Stated within his contract of 6 years was his election to participate in the SLRP for $50,000, entitlement to a $30,000 Prior Service Enlistment Bonus and the Non-Prior Service Montgomery G.I. Bill Kicker bonus of $200. At that time he understood that his entitlements would begin upon his successful completion of his military occupational specialty training. When he attended his first drill on 3 October 2015, he was informed that the 94H MOS that he contracted for was no longer available within that organization therefore he would be required to pick a different MOS. He selected 91B (Wheeled Vehicle Mechanic) and remained assigned to the unit. He was then instructed to complete a request for an MOS change so that he would be able to attend the required schooling in order to become qualified within this new MOS. He completed 91B schooling on 21 August 2017 and submitted his request for SLRP the following week. At that time he was advised that he was not entitled to the incentives under the SLRP because he failed to complete the contracted MOS training. On 21 September he appealed this determination through the National Guard Bureau. On 22 November 2017, his request for an ETP was denied based on the following reasons: * he was not authorized the specific SLRP program on the contracted date in violation of ARNG Selected Reserve Incentives Program (SRIP) 14-01; Soldier was not duty MOS qualified for the contracted incentive * failed to obtain the contracted MOS qualification 2. A review of the applicant’s available service records reflects the following on: * 30 August 2007 – he enlisted in the Regular Army; he held MOS 19D (Cavalry Scout) * 18 February 2014 – he was released from active duty and transferred into the Army Reserve (USAR) Control Group (Reinforcement) * 25 August 2014 (Order# D-08-517036) 1 October – he was honorably released from the USAR * 1 October 2015 – he enlisted in the Army National Guard (ARNG) for 6 years and elected to participate in the SLRP (Prior Service); MOS 94H and Para/Lin 126/03 * 19 January 2017 – he requested to have his primary MOS changed from 19D20 to 91B20; justification: the 94H position that he was originally slotted in was no longer available within his unit – he was therefore moved to a 91B position; he also initialed the statement that he would schedule training in his current primary MOS upon approval * 21 August 2017 – he completed the 91B (Wheeled Vehicle Mechanic) course * 8 September 2017 (Order# 251-040) – he was reclassified from MOS 19D to MOS 91B 3. The applicant provides the following a: a. DD Form 4 (Enlistment/Reenlistment Document) dated 1 October 2015 – reflective of his enlistment in the ARNG for 8 years b. DD Form 1966/1 (Record of Military Processing) dated 1 October 2015 reflective of his enlistment as a 94H20 into Paragraph 126 and Line 06 c. NGB Form 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum) dated 1 October 2015 reflective of his primary MOS being 94H and further entitled to participate in the SLRP. Stated within his contract is the following acknowledgement “I am enlisting Duty Military Occupational Specialty Qualified (DMOSQ) in a Unit Identification Code (UIC) and MOS within substitution rules of DA Pam 611-21, for the duty position to which I am being assigned that matches the authorized military grade and skill qualification commensurate with the position by skill level into a Critical Skill (CS) vacancy in the grade of E7 or below in an MOS, Para/Lin within Tier Levels 1-6.” Further stated is that he is enlisting in a qualifying valid top loaded vacancy in a MTOE. Under Section VI (Termination) it states that the SLRP incentive may be terminated without recoupment if the service member voluntarily changes his enlistment MOS during the contractual obligation unless the MOS change is due to unit transition, inactivation, relocation, reorganization or conversion." d. DA Form 4187 (Personnel Action) dated 6 February 2017 reflective of his request to have his primary MOS changed from 19D20 to 91B20. He cited the following reason for his request: “the 94H position that I was originally slotted in was no longer available within the unit.” e. Order Number 251-040, dated 8 September 2017, reflective of his primary MOS being changed from 19D to 91B based upon his completion of the required training. f. MFR – Request for Exception to Policy dated 22 November 2017 shows the NGB denied his ETP request to retain the $50,000.00 SLRP incentive because: * he was not authorized the specific SLRP program on the contracted date in violation of ARNG SRIP 14-01; Soldier was not duty MOS qualified for the contracted incentive * failed to obtain the contracted MOS qualification g. MFR – Notification of Incentive Eligibility Termination dated 6 February 2018 reflective of his SLRP contract termination effective 15 October 2015 due to his disapproved request for an ETP h. Excerpt from DODI 1205.21 dated 20 September 1999 reflective of the following statement being identified “I am (enlisting, reenlisting or extending) for assignment in a critical skill specified approved for loan repayment by the Secretary of Defense concerned and currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of Inactive Duty Training (IADT), and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government.” i. Screenshot from Strength Maintenance Management System (SMMS) reflective of his eligibility for a $50,000.00 incentive under the SLRP 4. See all applicable regulatory guidance below under REFERENCES. 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, his record of service, his active duty MOS, the MOS he held at the time of enlistment in the ARNG, the dates on the ARNG contract documents in the records, the request to change his MOS and the reason for denial of the SLRP denial of the SLRP incentive. The Board agreed with the reasons stated in the NGB denial of his request; he did not qualify in the contracted MOS. Based on a preponderance of evidence, the Board determined that the denial of the SLRP incentive was not in error or unjust. 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 :X :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. REFERENCES: 1. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program) states that applicants should be counseled when their enlistment requires special extensive processing after MEPS mental or physical examination (for example, OCS or WOFT board, flight physical, band audition, or waivers). Commanders at all levels in USAREC and in the ARNG will emphasize the need for early detection of possible erroneous or fraudulent enlistment of applicants. Applicants who are thought to have had, or who claim to have had, Prior Service (PS) in any U.S. Armed Force will not be enlisted in the RA, USAR, or ARNG until their PS, if any, is verified. It further states that in instances where the USAREC liaison or U.S. Army Training and Doctrine Command liaison NCO cannot solve contract errors regarding enlistment bonus amounts, Army College Fund, MGIB Kicker amounts, or student loan repayment through USAREC channels, the ARNGB will be contacted for guidance. 2. AR 621-202 (Army Educational Incentives and Entitlements) states that a Prior Service or in-service Soldier must meet requirements listed in AR 601–210, must be qualified and have been awarded the MOS in which contracting. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement stating 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. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 4. FY14 SRIP Policy Guidance effective 2 June 2014 (Policy Number 14-01), states for SLRP, members must be Duty MOS Qualified (DMOSQ) in the same, original contracted MOS on the reenlistment/extension signature date and agree to serve in that MOS for 6 years, unless the MOS is changed due to convenience of the government. It further states that Prior Service (PS) Soldiers must enlist DMOSQ for a CS vacancy in the grade of E-7 or below in a Unit Identification Code (UIC) MOS and Para/Lin that matches the authorized military grade commensurate with the position for which enlisting within Tier Levels 1-5, must fill a valid AUVS position in REQUEST, enlist into a qualifying, valid, top-loaded vacancy in an MTOE or Medical TOA unit only and must not be filling an excess, over-strength, or manually-loaded vacancy. Exceptions are not authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002763 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1