BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20190013622 APPLICANT REQUESTS:, in effect, as an exception to policy (ETP), that he be allowed to retain his Student Loan Repayment Program (SLRP) eligibility and monetary incentives. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 19 January 2016 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum, Army National Guard of the United States), dated 19 January 2016 * Memorandum For Record (MFR) from Applicant, subject: SLRP, dated 7 May 2019 * Memorandum from Chief, Personnel Programs, Resources and Manpower Division, NGB, subject: Request for ETP for SLRP (Applicant), dated 29 August 2019 * DA Form 1559 (Inspector General Action Request), dated 16 September 2019 FACTS: 1. The applicant states: a. He was awarded SLRP incentives in the amount of $20,000 on his initial enlistment contract on 18 August 2011 while in the United States Army Reserve (USAR). He left the USAR to join the Rhode Island Army National Guard (RIARNG) and was also promised a new $50,000 SLRP incentive when he signed his new contract with the ARNG. b. He joined the RIARNG to become a commissioned aviator. He was required to sign a new contract and was told by the recruiter that he would be able to retain his SLRP from his first contract. He was also informed that his entitlement would increase to $50,000. However, approximately two years later he was told that his contract was for only 4 years instead of 6 years and therefore, he was disqualified from the SLRP. c. He was also told after-the-fact that one could only receive SLRP once in a lifetime. His recruiter nor anyone else disclosed this information to him. His intent is to only retain the $20,000 and not the higher amount. He has appealed to the State Education Office and submitted an ETP to the National Guard Bureau (NGB) but was denied. He also requested the assistance of the Inspector General's (IG) Office. He is still serving in the RIARNG fulfilling his commitment and expects the Army to do the same. 2. The applicant enlisted in the USAR on 18 August 2011 for a period of 6 years. In connection with his contract, he signed a DA Form 5261-4 (Student Loan Repayment Program Addendum) for entitlement to loan repayment monies. 3. The DA Form 5161-4, in which he attested to and signed his signature with the witnessing official on 18 August 2011, contained the following: a. Section III (Acknowledgment). I have no previous military service and I am contracting for an initial Selected Reserve term of service of at least 6 years concurrent contractual obligation and a statutory military service obligation of 8 years. I am contracting for completion of initial active duty for training (IADT) and qualification in military occupational specialty (MOS) 38B [Civil Affairs Specialists] which HQDA has approved for a maximum of $20,000 in loan payments. b. Section IV (Obligation). I will serve satisfactory the obligated term of service in the Selected Reserve according to my enlistment, reenlistment, or extension agreement unless expressly excused for the convenience of the Government. I have no previous military service. I am enlisting for 6 years in the USAR. I agree to serve my initial 6 years in the Selected Reserve in the MOS I have indicated in section III above. c. Section V (Entitlement). Repayment of the qualifying student loan(s) will be made after each year of satisfactory service in the Selected Reserve after securing the loan(s) and reaching the anniversary date of this agreement. For each year of satisfactory service in the Selected Reserve, the loan amount to be repaid will be as follows. (1) A maximum of $20,000 during my military career as I have acknowledged above, and that amount will not increase. The amount to be repaid each year will not exceed 15% of the original balance (a maximum of $3,000) or $500, whichever is the greater, plus the accrued interest. Further, I understand my eligibility for the $20,000 SLRP is based on MOS as shown in section III above. I will be subject to reduced benefits if I move to an MOS not eligible for his amount. (2) The repayment of student loans by the Government is not automatic under the terms of this addendum. (3) I should arrange for deferment or forbearance with lenders or note holders which are falling due. (4) Loan repayments will only be made to the lender or noteholder and nothing in this agreement will be construed as authority to refund any repayment of a loan. d. Section VII (Termination). I further understand that the terms of this agreement and my entitlement to loan repayment under the SLRP will be terminated should any of the following conditions occur: (1) If I move to an MOS, or am reclassified in an MOS other than that for which contracted. Loan repayment will not be terminated if I remain assigned to the Selected Reserve and I am moved to another MOS for normal career progression, or when my unit is reorganized, relocated, redesignated, inactivated, or converted, or where the Chief, NGB or Chief, Army Reserve has approved the move. (2) Transfer between the USAR and ARNGUS under the following conditions, if, as a member of the USAR entitled to loan repayment at the $10,000 or $20,000 level, I transfer to the ARNGUS - * Because my USAR troop program unit has been reorganized, relocated, redesignated, inactivated, or converted, I will terminate my entitlement at the $20,000 level, but will not terminate my entitlement to loan repayment. I will continue entitlement to loan repayment but only at the $10,000 level. * For any reason other than above, I will terminate my entitlement to loan repayment at both the $10,000 and $20,000 levels, unless the Chief, National Guard Bureau authorizes continued entitlement at the time of enlistment in the ARNGUS. 4. A DD Form 368 (Request for Conditional Release) shows the applicant requested a conditional release from the USAR to enlist/appoint into the RIARNG on 30 July 2015. The authorizing official approved the request on 22 December 2015. The form further shows that a certifying official with the Boston Military Entrance Processing Station (MEPS) indicated a notification of enlistment/appointment action occurred on 19 January 2019. 5. A DD Form 4, dated 19 January 2016 shows the applicant enlisted in the RIARNG for a period of 4 years in the pay grade of E-5. In connection with his contract he signed a Guard Annex (Enlistment/Reenlistment Agreement - ARNG Service Requirements and Methods of Fulfillment) showing his unit as Company A, 1/126th Aviation, North Kingstown, RI (UIC: WTQYA0) and with the purpose of attending a commissioned Officer Candidate School (OCS) (MOS 09S). 6. In conjunction with his enlistment agreement, he executed, NGB Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum, ARNG of the United States) for entitlement to loan repayment monies not to exceed $50,000. 7. The applicant's signature on Annex L, with the service representative, shows he understood the SLRP program requirements; he acknowledged he had two existing student loans in the amount of $17,667 and he understood that: * he is enlisting into the ARNG for a period of not less than 6 years * the PS 09S SLRP may not be combined with another loan repayment program * if he is enlisting from the USAR with existing SLRP incentive, he may be authorized to retain his SLRP incentive provided he continues to meet the terms of the original USAR service agreement and SLRP addendum * successful completion of Basic Officer Leadership Course (BOLC) with 24 months of completion of OCS 8. The applicant's record contains: a. Orders 188-009, issued by Joint Force Headquarters, RIARNG on 6 July 2016 appointing him as a second lieutenant in the ARNG in area of concentration 67J (Aeromedical Evacuation Officer) effective 5 May 2016. b. A DA Form 1059 (Service School Academic Evaluation Report) that shows he successfully completed all the requirements for Aviation Basic Officer Leadership Course (AV BOLC) and the Initial Entry Rotary Wing (IERW) Aviation (UH-60) Course from 2 September 2016 through 26 October 2017. 9. In a MFR, dated 7 May 2019, the applicant appears to have submitted a request to retain his SLRP incentives. He notes he only used $8,000 of the $20,000 SLRP monies when he was in the USAR and received one SLRP payment from the RIARNG. 10. The applicant provides a memorandum from the Chief, Personnel Programs, Resources and Manpower Division, NGB denying his ETP request, dated 29 August 2019. This memorandum states: a. An ETP to retain the $50,000.00 SLRP is disapproved for the discrepancy: previously contracted for SLRP and received payments which violates Army Regulation 135-7, para 5.1-5.1 and 5.1-10. An additional service obligation is required in order to retain this incentive. b. Contract/agreement details: * State enlisted/accessed: RI; Unit Identification Code (UIC): TQYA0 * Date of agreement/enlistment: 19 January 2016 * Contracted loan addendum/agreement amount: $50,000 * Contracted AOC/MOS: 09S; Current AOC/MOS: 15A c. The discrepancy identified above is in violation of Army Regulation and the ARNG does not have authority to approve this request. The State Incentive Manager will invalidate the Bonus Control Number for the $50,000 SLRP and will request a Manual Control Number for the $10,000 USAR SLRP which the Soldier was eligible to continue upon his transfer from the USAR. The Soldier has already received in excess of the contract amount; however, the ARNG grants relief from recoupment of the excess amount. d. The applicant may file a claim with the ABCMR in accordance with Army Regulation 15-185 (ABCMR), if there is belief that an error or injustice still exists. 11. The applicant provides a DA Form 1559, dated 16 September 2019 showing he requested the IG's assistance in procuring his SLRP incentive. He provides his rationale for and the timeline and description of the denial of his incentives. 12. The applicant is currently serving in the RIARNG in the rank of first lieutenant. 13. Army Regulation 135-7 (Incentive Programs), in effect at the time, prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs. It states the maximum amount of the loan or loans is not regulated. However, the monetary units represent the maximum SLRP benefit available throughout a soldier’s service as a Reserve of the Army (ARNGUS and USAR combined). 14. Army National Guard Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 2016 - Policy 16-01 effective 9 November 2015 assists leadership in meeting ARNG readiness requirements. Enclosure 2-13 (SLRP) states SLRP contracts will not exceed $50,000 and NPS/PS/09S minimum term is 6 years. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The applicant seeks to retain eligibility for the initial $20,000 SLRP incentive he contracted for when he enlisted in the USAR. Although his contract for this incentive clearly stated what would happen if he voluntarily left the USAR to join a different component, the Board found credible his statement that an RIARNG recruiter led him to believe he could not only retain the full $20,000 SLRP incentive but also contract for a new, larger SLRP incentive. A majority of the Board noted that the applicant himself would not be expected to have extensive knowledge of incentives policies and would have had no cause to question what he was told. In the end, an ETP was approved that allowed him to retain the portion of the incentive he had already received, but a majority of the Board concluded that an injustice occurred and the applicant should be allowed to retain, as an ETP, the entire amount of his original $20,000 SLRP incentive. 3. The minority member noted that the applicant's initial SLRP agreement clearly stated what would happen if he voluntarily left the USAR to join another component and the applicant has received more than he should have under that agreement. The minority member found insufficient evidence or error or injustice to support a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : 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 an exception to policy was approved authorizing the applicant to retain eligibility for the full amount of the $20,000 Student Loan Repayment Program incentive he contracted for on 18 August 2011. 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 135-7 (Incentive Programs), in effect at the time, prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs. a. Paragraph 5.1-5.1 (Continuing entitlement on transfer between Reserve Components of the Army) states entitlement to continuing loan repayment on transfer between the Reserve Components of the Army (ARNGUS and USAR) is prescribed by this paragraph. On transfer from the USAR Selected Reserve to the ARNGUS. (1) A USAR soldier eligible for loan repayment at the $20,000 level will terminate entitlement under the SLRP on transfer to the ARNGUS. However, if the transfer is based on the provisions of paragraph 1–14.1 in circumstances not requiring termination, or otherwise authorized by the Chief, National Guard Bureau, the soldier will retain entitlement under the SLRP but only at the $10,000 level. (2) A USAR soldier eligible for loan repayment at the $10,000 level will terminate entitlement under the SLRP on transfer to the ARNGUS, unless the transfer is based on the provisions of paragraph 1–14.1 in circumstances not requiring termination, or otherwise authorized by the Chief, National Guard Bureau. b. Pargaraph 5.1-10 (Longevity of DA Form 5261-4) states that once a soldier has enlisted, reenlisted, immediately reenlisted, or extended and executed a DA Form 5261–4 –R to participate in the SLRP per paragraph 5.1–1b, the provisions of the form will remain in force until the earlier occurrence of one of the following: (1) Participation in the SLRP is terminated under paragraph 5.1–6. (2) The maximum SLRP benefit of $10,000 or $20,000, as appropriate, has been paid. (3) The soldier transfers between the Reserve Components of the Army (ARNGUS and USAR). If the soldier is authorized to continue under the SLRP (para 5.1–5.1) a new DA Form 5261–4 must be prepared; however, this act does not create a renewed entitlement to an additional $10,000 or $20,000 maximum SLRP benefit, but retains the soldier as a SLRP participant under the current $10,000 maximum SLRP benefit. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), effective 12 August 2014, governs incentive policies, procedures, and eligibility criteria for persons entering into an incentive agreement at the time of enlistment, affiliation, reenlistment, extension, commission or appointment into the ARNG, on or after the effective date of this regulation. a. Continued receipt of the SLRP on transfer from the Army Reserve (USAR) to the ARNG. (1) A USAR Soldier eligible for loan repayment in a critical MOS will retain eligibility upon transfer to the ARNG in a designated ARNG critical vacancy or MOS at the ARNG designated amount. If the transfer is based on unit transition as prescribed in paragraph d, below, in circumstances not requiring termination, or otherwise authorized by DARNG, the Soldier will retain entitlement under the SLRP at the ARNG designated amount. (2) A USAR Soldier eligible for loan repayment in a higher designated amount than the ARNG will retain eligibility upon transfer to the ARNG at the USAR designated amount. (3) If the Soldier is authorized to continue under the SLRP, a new NGB Form 600-7-5-R-E (Student Loan Repayment Program Addendum) must be prepared; however, this act does not create a new entitlement, but continues the Soldier in the existing entitlement amount as listed on the original USAR contract. The new NGB Form 600-7-5-R-E will be prepared in the gaining unit and witnessed by a Service representative in the rank of SFC or higher. (4) A Soldier does not gain incentive eligibility simply because of a transfer from one RC to another who is offering an incentive. The transfer process does not represent a release from active duty (REFRAD), enlistment, affiliation, reenlistment, or extension requirement for incentive eligibility. b. The SLRP may be offered to Prior Service (PS) enlistees, and current ARNG members who previously contracted for SLRP in the SELRES are only entitled to the maximum benefit established by the original contract, minus any amount previously paid under the contract. c. The SLRP is offered to NPS or PS enlisting under the 09S (Officer Candidate School (OCS) Enlistment option in addition to general SLRP eligibility requirements, must also meet the following specific criteria: (1) Enlist for a minimum of six (6) years. (2) Have a minimum of 90 post-secondary semester hours or equivalent, bachelor’s degree or higher, verified by a copy of an official transcript. (3) Meet the current AFQT requirements as annotated within the current FY SRIP policy. (4) Have not previously received SLRP. (5) Must have a pre-approval authorized prior to signature date from the ARNG incentive management system in accordance with FY SRIP policy. 3. Army National Guard Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 2016 - Policy 16-01 effective 9 November 2015 assists leadership in meeting ARNG readiness requirements. It provides recruiting and retention incentives to assist in filling critical shortages. Incentives are implemented in those situations where other less costly methods have proven inadequate in supporting unit and skill staffing requirements. Enclosure 2-13 (SLRP) states SLRP contracts will not exceed $50,000 and NPS/PS/09S minimum term is 6 years. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013622 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1