ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20190000440 APPLICANT REQUESTS: Reinstatement of his Student Loan Repayment Program (SLRP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states upon enlisting, the recruiter made a mistake; therefore the Army broke the contract. 2. A review of the applicant’s records shows: a. On 31 July 2012, he enlisted in the Massachusetts Army National Guard (MAARNG) for 8 years, as a Specialist (SPC)/E-4. He signed NGB Form 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum Army National Guard of the United States) which shows: (1) The applicant has 9 disbursed loans in the amount of $48,000.00. (2) He enlisted for 6 years. (3) His Military Occupational Specialty (MOS) was 09S (Officer Candidate). (4) Section IV (Suspension/Reinstatement) states the SLRP will be suspended if the applicant fails to begin Officer Candidate School (OCS) within one year of enlistment, fails to accept commission as an officer Second Lieutenant (2LT) within three years of enlistment, or withdraws from OCS program and do not become Duty Military Occupational Specialty Qualified (DMOSQ) in any vacant enlisted MOS. He must also commence Advance Individual Training (AIT) within 180 days following withdrawal from OCS. b. DA Form 4187 (Personnel Action), dated 31 July 2012, he was advanced to the rank/ grade of SPC effective the same day. c. On 13 June 2013 he was relieved from the position of Operations Officer and assigned to the position of Reconnaissance Officer. d. On 12 September 2013 he enlisted in the MAARNG in the MOS 25U (Support System Specialist). e. On 6 May 2014 he completed the Signal System Support Specialist 101-25U10 Course. f. On 29 January 2018, the National Guard Bureau (NGB) notified the applicant his request for ETP was denied to retain the $50,000.00 SLRP because he failed to enter MOS training within 180 days after withdrawal from OCS, date of enlistment 31 July 2012, contract MOS 09S, Current MOS 25U, date DMOSQ 6 May 2014. g. On 30 January 2018, Maryland Army National Guard Joint Force Headquarters’ Incentive Manager provided Notification of Incentive Eligibility Termination, wherein the applicant was informed discrepancies were found in his incentive contract which terminated his eligibility. The discrepancy was MOS Qualification and reason for termination was the applicant did not complete AIT within 180 days following withdrawal from OCS. The applicant’s request for exception to policy (ETP) was denied. 3. 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. 4. Army National Guard (ARNG) Selected Reserve Incentives Program (SRIP) Policy for Fiscal Year (FY) 12 (Policy Number 12-01) states: a. The 09S SLRP is subject to suspension for: the candidate withdraws form the OCS program and does not become DMOSQ in an enlisted MOS. The Soldier must begin AIT within 180 days after withdrawl from OCS. The SLRP suspense will be lifted upon becoming DMOSQ. b. Full recoupment is required for all payments of 09S SLRP participants that are terminated for one of the following reasons: (1) The candidate fails to earn a commission or become DMOSQ and is subsequently discharged. (2) The candidate fails to begin enlisted MOS training within 180 days of withdrawal from OCS. (3) The candidate fails to become qualified in an enlisted MOS after withdrawal from OCS. (4) The candidate fails to accept a commission within three years of entering the 09S SLRP option. 5. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) states with the Student Loan Repayment Program, an applicant completes a Student Loan Repayment Addendum (NGB Form 600-7-5-R-E) as part of the enlistment contract at the time of enlistment. List NGB Form 600-7-5-R-E as Annex S on the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. The Board noted that the applicant failed to meet the contractual and regulatory requirements to retain SRLP to enter MOS training within 180 days after withdrawal from OCS which violated ARNG SRIP 12-01. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s termination of SLRP. 2. After reviewing the application and all supporting documents, the Board found that relief is 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. 12/3/2020 X CHAIRPERSON 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. 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. 2. Army National Guard (ARNG) Selected Reserve Incentives Program (SRIP) Policy for Fiscal Year (FY) 12 (Policy Number 12-01) states: a. The 09S SLRP is subject to suspension for: the candidate withdraws form the OCS program and does not become DMOSQ in an enlisted MOS. The Soldier must begin AIT within 180 days after withdrawl from OCS. The SLRP suspense will be lifted upon becoming DMOSQ. b. Full recoupment is required for all payments of 09S SLRP participants that are terminated for one of the following reasons: (1) The candidate fails to earn a commission or become DMOSQ and is subsequently discharged. (2) The candidate fails to begin enlisted MOS training within 180 days of withdrawal from OCS. (3) The candidate fails to become qualified in an enlisted MOS after withdrawal from OCS. (4) The candidate fails to accept a commission within three years of entering the 09S SLRP option. 3. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) states with the Student Loan Repayment Program, an applicant completes a Student Loan Repayment Addendum (NGB Form 600-7-5-R-E) as part of the enlistment contract at the time of enlistment. List NGB Form 600-7-5-R-E as Annex S on the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States). //NOTHING FOLLOWS//