ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180003606 APPLICANT REQUESTS: * approval of payment of his Student Loan Repayment Program (SLRP) for the 4 and a half years he served as an enlisted Soldier * reinstatement of his SLRP * if reinstatement is not approved, then payment for 9 months of service from May 2012 to February 2013 * recoupment of the funds he paid to his student loans that should have been paid by the military * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * emails regarding SLRP * National Guard Bureau (NGB) Exception to Policy (ETP) * SLRP Addendum * Interstate Transfer * Student Loan Payment Amounts * Student Loan Account History FACTS: 1. The applicant states: a. NGB disapproved his ETP regarding the payment of his SLRP due to violation of voluntarily transferring out of his contracted military occupational specialty (MOS). He served as an enlisted Soldier from 8 May 2009 until 21 February 2013. SLRP would not pay more than $3,000 per year. He only received payment of $3,421.99 in 2016 as a result of his 4 and a half years of service as an enlisted Soldier. b. He is requesting the Board approve the payment of his SLRP for the 4 and a half years he served as an enlisted Soldier. The total amount of payment would be $13,500 which is $3000 per year for 4 and a half years. He is also requesting reinstatement of his SLRP after he transferred to the ranks of a commissioned officer because he continued to serve in the National Guard of the Virgin Islands due to an officer shortage which was critical. c. He did not receive the allotted amount of payment based on his SLRP which he contracted for. He submitted all the documents necessary per the guidance he was given. The personnel processing his documents could not and did not provide him status updates as he continually requested. He was told his profile was created and processed incorrectly, which is of no fault of his. Even though he transferred out of his contracted MOS, he continued to serve in a more vital role as a commissioned officer in the shortage positions within the Virgin Islands National Guard. 2. In a self-authored letter to the Board, dated 20 December 2017, the applicant states in part: a. The applicant continued to fulfill his duties and responsibilities as a Soldier and Commissioned Officer, which he loves to do. He executed the requirements of his contract to the best of his ability. He's asking the Board's consideration in the back pay of the previous years of his SLRP and reinstatement of his SLRP. b. He enlisted into the Massachusetts Army National Guard on 8 May 2008 as a 42R Army Bandsman with the SLRP as part of his contract. He attended Basic Combat Training 2008 and Advanced Individual Training in 2009. At the anniversary of his first year, he submitted his updated student loan documents while he was assigned to the Recruiting and Sustainment Program. He was not sure on the process, but he provided the loan information to his recruiting office. He was later assigned to the 215th Army Band and on his anniversary date in 2010, he provided the student loan documents to his unit. c. On 18 July 2010, the applicant transferred to the Virgin Islands National Guard due to financial stability. He had been informed he was not going to be able to split training with the Virgin Islands unit for annual training as had been previously approved. He returned home to the Virgin Islands because he did not have a place to stay in Boston when college was not in session. He either had to be marked absent from annual training or transfer. His senior year of college was in 2010 through 2011. He did not have a job offer. After he completed his degree, he would not have a place to live and the possibility of no job prompted his decision to return home to the Virgin Islands. d. At the time of his third anniversary year, he submitted his student loan documents to his Virgin Islands unit and inquired on previous submission. He did not receive any confirmation of his SLRP. He was a young adult and Soldier and did not keep records nor did he send all correspondence via electronic means. He was not aware if he submitted the paperwork to the correct point of contact during these times. He assumed all items would be routed through his unit or recruiting office. e. In the fall months of 2011, he received notice he would have to start the repayment of his student loans. After communicating with his lender, he found no payments were received from the military and continued his inquiry into the matter. He had submitted the information and figured the payments were made from the Department of the Army. After placing the payments on forbearance, he started making payments because they exceeded the amount of his contract. His intent was to reduce the amount to $20,000 because that was the amount that would be covered by the military. f. After receiving guidance from his senior leaders, he submitted his student loan documents electronically through his unit's education section. During the next two or three years, he continued to submit his documents in the same manner while making his required payments and requesting a status on his SLRP. The education office provided no communication besides advising him there was a new point of contact in the section. g. During an Individual Drill Training period between 2011 and 2012, the local recruiting and retention noncommissioned officers visited the unit to discuss any issues regarding the Soldiers. The applicant stated he had not received any student loan payments. He received no resolution. He was informed to ensure to submit the necessary documents, which he had done. h. As he continued to serve in the Virgin Islands National Guard, he noticed there was a shortage of commissioned and warrant officers. After a discussion with leaders, he decided to continue his career as a commissioned officer. Prior to his departure for Officer Candidate School, he did not read, remember, nor was he informed the SLRP states it would be terminated if he voluntarily contracted out of his MOS. i. The decision to become an officer was derived off the fact the Virgin Islands National Guard was short of officers and leaders. It was more of an organizational necessity than a personal voluntary decision. He is requesting an exception to the clause in his contract to keep his SLRP based on the 31 August 2016 Army Regulation 601-201. k. Since his commissioning in 2013, he received little communication and possible false information regarding the status of his SLRP. He was told by the education section, the Army has a policy that will allow the continuation of the SLRP, but as hecontinued to inquire into the status, he did not receive a response. l. Between 2013 to 2105, he continued to request status updates with little to no response. He noticed there continued to be new Education Specialists that would tell him they were aware and working on his SLRP or they would get to it after resolving other Soldiers' tuition assistance needs. He would inform his leadership and staff of his issues via verbal communications. m. In 2015, he brought his SLRP issues up to his leadership in the company and battalion. He mentioned his issues to the Adjutant General. His commander advised to route the issues through battalion staff. After he did that, he still did not receive assistance. He placed his leadership on the email correspondence regarding his SLRP. Majorityof the time, the education section did not provide a response to his inquiries. n. He reached out to the previous G-1 and got no resolution or answers. After years of confusion and a lack of communication, he notified the Virgin Islands Inspector General (IG) on his concerns. He provided email correspondence and detailed information. The IG was a great help and provided information he was able to gather. o. His NGB ETP states his SLRP was disapproved due to voluntarily transferring out of the contracted MOS. He did not receive his payments while he was in his contracted MOS. He understood he left his contracted MOS, but the Virgin Islands National Guard had a shortage of officer leadership. Being able to serve the Department of Defense and his community in a critical position was important. p. During a Soldiers Readiness Program event conducted by NGB, he received unfavorable actions from a noncommissioned officer. But the applicant was advised to submit an application to the Board for consideration. q. He is requesting the Board's favorable approval of payment of his SLRP from 2009 to 2012, the continuation of his SLRP from his commissioning year of 2013 until the balance of $20,000 is paid. If his SLRP cannot be reinstated, he is requesting payment of his SLRP between May 2012 through February 2013 because for the majority of that year, he served as an enlisted Soldier. Recoupment of the funds he paid to the lender which the military would have paid is within the $20,000. 3. The applicant's service records contain the following documents for the Board's consideration: a. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows the applicant enlisted on 8 May 2008 for a period of 8 years. b. A memorandum for record, dated 21 August 2009, wherein the applicant receives the MOS of 42R. c. An NGB Form 22-5 (Addendum to DD Form 4 Approval and Acceptance for Interstate Transfer), dated 16 July 2010 wherein the applicant transfers from the Massachusetts Army National Guard with an MOS of 42R to the Virgin Islands Army National Guard in the MOS 42R. d. An NGB Form 22 (Report of Separation and Record of Service), which shows: * the applicant enlisted on 8 May 2008 * he was discharged from the National Guard on 21 February 2013 * he served 4 years, 9 months, and 14 days * his MOS was 42R * he was not a participant in the Selective Reserve Incentive Program * he was discharged upon appointment as a commissioned officer 4. The applicant's service records are void of documentation showing the applicant was a direct commission officer or he went to an Army National Guard approved course to become a commissioned officer. 5. The applicant provides the following documents for the Board's consideration: a. Several emails wherein the applicant is requesting information on his SLRP from his unit. b. A memorandum from NGB, dated 2 July 2017 subject ETP for the applicant's SLRP, which shows: * an ETP to retain the $20,000 SLRP was disapproved * the applicant voluntarily transferred out of his contracted MOS * the contracted MOS was 42R and he transferred to 92A c. Annex L to DD Form 4 SLRP Addendum, dated 8 May 2008, which states: * the SLRP would be terminated without recoupment for voluntary transferring outside of the contracted MOS * each year 90 days before his anniversary date he would be notified of the requirement to request payment on his loans * it was his responsibility to contact his unit if he had problems with the SLRP * there is no provision in the addendum that the applicant would lose his SLRP for commissioning as an officer d. The NGB Form 22-5 interstate transfer form, which was included in the applicant's service records. e. A printout of his student loan payment amounts. f. A student loan account history, which shows a payment from Defense Finance and Accounting Service in the amount of $3,412.99 on 12 October 2016. 6. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 7. See below for applicable regulations. 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, the terms of his contract, his transfer to the Virgin Islands ARNG and the reviews and denials of his request for an Exception to Policy. The Board considered the applicant’s NGB Form 22-5 interstate transfer form and a payment by DFAS to his student loan account. The Board found that the applicant was eligible for a portion of his SLRP incentive and based on a preponderance of evidence, determined that a correction to his record was appropriate. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : 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 as follows: - Show the applicant was eligible for SLRP while continuing to serve in his contracted MOS; - That he timely submitted required documentation for loan repayment during this period of eligibility, and; - His requests were accepted and processed by the appropriate authority and payment of his loans were provided within program limits. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to relief in excess of that stated above. 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) dated 31 August 2016 states for SLRP incentives, enlisted Soldiers who enter a commissioning program and/or accept an appointment or commission as an officer or warrant officer in a Selected Reserve (any area of concentration) may continue to receive SLRP payments as stipulated in their original contract so long as they remain otherwise qualified. 2. Army National Guard Selected Reserve Incent Program Guidance for Fiscal Year 2007, states: a. The SLRP will be terminated with recoupment if the Soldier moves to a non- bonus skill or unit, unless the move is due to normal career progression or is required to meet the needs of the ARNG. b. The SLRP will be terminated without recoupment if the Soldier accepts a commission or appointment as an officer or warrant officer in the ARNG after having served more than one year of the enlisted incentive contract term. Note: Participation in an ARNG approved officer candidate program or warrant officer candidate program is not cause for termination. 3. AR 601-210 states the SLRP will be terminated without recoupment if the Soldier accepts a commission or appointment as an officer in the Army National Guard after having served more than one year of the enlisted incentive contract term. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 5. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 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. ABCMR Record of Proceedings (cont) AR20180003606 7