ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 August 2019 DOCKET NUMBER: AR20180016422 APPLICANT REQUESTS: Reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum ARNG) * Orders Number 336-643, dated 2 December 2010 * Orders Number 341-602, dated 7 December 2010 * Orders Number 284-627, dated 11 October 2011 * Memorandum, Subject: Notification of Past Student Repayment Endorsement, dated 2 February 2012 * Email correspondence * Memorandum, Subject: Request for ETP for the SLRP for the applicant, dated 10 October 2013 * copy of the NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP)) 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: * he signed up for the Army National Guard’s (ARNG) SLRP in 2010 * he was denied the SLRP after accepting a promotion with another company * by [Army] regulations, accepting a promotion should not hinder his eligibility for SLRP * NGB Education Division Instruction 1.1, Paragraph 4-2 (Termination Regulations) states, moves to another MOS, or is reclassified in an MOS, other than that for which contracted, except if moved to another MOS in a ARNG unit for normal career progression. 3. A review of the applicant’s service records show the following on: * 4 November 2010 – reenlisted in the ARNG for a period of 6 years, in conjunction with this extension, NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum ARNG) was completed showing in: * section 3 (Acknowledgement) he had at least one qualifying, disbursed loan and the total amount of repayment for qualifying loans would not exceed $50,000.00 * section 5 (Termination) he may be terminated from bonus eligibility if he voluntarily transferred to an ineligible military specialty * he endorsed this form with his signature * the applicant’s NGB Form 600-7-5-R-E does not specify or indicate the MOS he contracted for * 15 November 2010 – Orders Number 341-602, issued by the Office of the Adjutant General, Carson City, NV, promoted the applicant from Sergeant/ E5 to Staff Sergeant/ E6, and withdrew to MOS 42A2O (Human Resources Specialist) and awarded the primary MOS 92A3O (Automated Logistics Specialist) 4. The applicant provides: a. Orders Number 336-643, issued by the Office of the Adjutant General, Carson City, NV, dated 2 December 2010, which released him from the Human Resources 100th Quartermaster Company Rear, and transferred him to Material Management NCO, 757th Combat (CBT) Sustainment Support Battalion, both in the Nevada Army National Guard, effective 15 November 2010. b. Orders Number 284-627, dated 11 October 2011, transferred him from the 757th CBT Sustainment Support Battalion, to the 17th Sustainment Brigade, effective 30 September 2011. c. Emails between the applicant and SSG I_L, wherein SSG I_L_ informs the applicant a commander memo is needed for any past due payments. d. Memorandum, Subject: Notification of Past Student Repayment Endorsement, dated 2 February 2012, signed by his commander requesting past student loan repayment. e. Memorandum, Subject: Request for ETP for the SLRP for the applicant, wherein he was informed his ETP was denied because he voluntarily transferred out of the contracted MOS/SLRP eligible unit which violates CHELRP FY 2009. f. Email correspondence, dated 24 October 2013, between the applicant and the Brigade Career Counselor, wherein the applicant was informed his ETP was denied g. An extract of NGB Educational Division Instruction 1.1 (CHELRP), in which he highlighted the portion which states [SLRP] may be terminated if an individual moves to another MOS, or is reclassified in an MOS, other than that for which contracted, except if moved to another MOS in a ARNG unit for normal career progression (in accordance with AR 611-201). 5. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2 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. 6. NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Program (CHELRP) states all non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option. The SLRP may be terminated if the Soldier moves to an MOS other than that for which contracted. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The Board found that the applicant was unjustly denied his SLRP. The NGB Form 600-7-5-E (SLRP contract) does not indicate which MOS the applicant was to reenlist for. The service representatives who certified the form had an obligation to inform the applicant of the SLRP conditions and ensure proper completion of the form. The applicant signed the NGB Form 600-7-5-E on 4 November 2010 and was promoted out of his original MOS only 11 days after signing the form, which facts, combined with the omission of the SLRP MOS on the NGB Form 600-7-5-E, were sufficient evidence for the Board to agree that an injustice had occurred and the applicant is entitled to receive the SLRP. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 applicant reenlisted for the target MOS of 92A in his NGB Form 600-7-5-E dated 20101104, and * showing the applicant is authorized payment of his SLRP bonus 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. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2 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. 3. NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Program (CHELRP) states all non-prior service enlistees must enlist for either a 6x2 or 8x0 enlistment option. The SLRP may be terminated if the Soldier moves to an MOS other than that for which contracted. //NOTHING FOLLOWS//