IN THE CASE OF:  

		BOARD DATE:  14 December 2020

		DOCKET NUMBER:  AR20200003252


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)
*	NGB Form 600-7-5-R-E (Annex L to DD Form 4 - Student Loan Repayment 
Program Addendum ) dated 2 February 2011
*	Order Number 206-864 dated 25 July 2011
*	Order Number 100-816 dated 9 April 2012
*	Memorandum for Record (MFR) – Request for an Exception to Policy (ETP) 
dated 17 October 2014
*	MFR - Request for an Exception to Policy (ETP) dated 18 November 2015
*	Email Communication dated 11 February 2020

FACTS:

1.	The applicant states that she reenlisted on October 2010 with the intention of 
attending and completing Officer Candidate School (OCS).  At that time, she endorsed 
an SLRP contract.  She did not attend and or complete OCS but instead returned to her 
previous unit to serve in military occupational specialty (MOS) 92A (Supply Specialist).  
In 2012 she elected to reclassify from MOS 92Y to 42A (Human Resources Specialist) 
due to upward mobility opportunities and promotion potential.  In 2014, she was verbally 
denied entitlement to the SLRP by the education office wherein they advised her that 
this denial was due in part to her violating the terms of her SLRP incentive agreement. 

   a.	She contests that she never received formal notification as to why her 
entitlements under the SLRP were being denied.  In October 2014, her commander 
requested an ETP.  In November 2015, an MFR was published by the National Guard 
Bureau (NGB) stating that she violated the guidance provided in the Department of 
Defense Instruction (DODI) 1205.21, paragraph 6.6.2.  She was unaware of this MFR at 
the time that it was published. 

   b.	She adds that this information is not contained within the SLRP agreement that 
she signed and she was only made aware of this in February 2020 through email from 
the Education and Incentives Office.  She further provides that the NCARNG and the 
NGB failed to provide her with proper documentation in a timely manner as to the 
justification for terminating her SLRP incentive.  She was never afforded the opportunity 
to appeal her case to the ABCMR until now.  

2.	A review of the applicant’s available service records reflects the following: 

   a.	On 18 January 1991, she enlisted in the ARNG.
   
   b.	On 10 December 1997, she extended for 3 years and declined the SLRP 
incentive. 
   
   c.	On 3 February 2001 (Order Number 028-188), she was honorably discharged 
from the ARNG effective 18 January 2001.

   d.	On 15 October 2010, she enlisted in the ARNG for 3 years.  Her enlistment 
agreement provided that she would attend OCS. 

   e.	On 2 February 2011, she completed an SLRP addendum indicating that she was 
enlisting for a period of at least 6 years as qualified in MOS 92A with two student loans.  
Section VI (Termination) of this addendum provides that if entitlement to an incentive is 
terminated for any reason, to include voluntarily transferring to an ineligible military 
specialty, before fulfillment of the service descried in the members written agreement, 
the member shall not be eligible to receive any further loan payments except for service 
performed before the termination date.  The applicant signed and dated in Section X 
(Authentication), which states, "I have read and understand each of the statements 
above and contained in my enlistment/reenlistment/extension agreement signed by me 
and understand that they are intended to constitute all promises or agreements 
whatsoever concerning my SLRP.  No other promises, representation, or commitment 
has been made to me in connection with my enlistment, reenlistment, or extension for 
this incentive."

   f.	On 9 April 2012 (Order Number 100-816), she was voluntarily reassigned to an 
MOS 42A position effective 4 April 2012. 

   g.	On 13 March 2013 (Order Number 072-920), after completing the Human 
Resources Specialist course, she was officially reclassified from MOS 92A to 42A 
effective 2 February 2013.  

3.	The applicant provides the following: 

   a.	Order Number 206-864 dated 25 July 2011 reflective of her being reassigned 
from a 09S position to a 92A position effective 25 July 2011.

   b.	Memorandum for Record (MFR) – Request for an Exception to Policy (ETP) 
dated 17 October 2014 reflective of her commander’s request citing that she changed 
her MOS due to upward mobility for promotion purposes.

   c.	MFR - Request for an Exception to Policy (ETP) dated 18 November 2015 
reflective of the denial of her request for an ETP citing that she voluntarily transferred 
out of a contracted MOS in violation of DODI 1205.21, paragraph 6.6.2.

   d.	Email dated 11 February 2020 reflective of communication concerning her 
denied ETP.  She was advised to seek relief through the ABCMR.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is not warranted.

2.  The Board noted the applicant's SLRP agreement clearly stated her eligibility for the 
incentive would be terminated if she voluntarily transferred out of MOS 92A.  She did, in 
fact, voluntarily transfer out of that MOS, and as a result, her eligibility for the incentive 
was terminated.  Based on a preponderance of evidence, the Board determined the 
decision by NGB to deny her request for an ETP was not in error or unjust.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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.	NGB SRIP Policy 11-01 (Army National Guard Selected Reserve Incentives 
Program for Fiscal Year 2011 provides that the Student Loan Repayment Program 
(SLRP) incentive addendum is not valid if signed after the execution date of a 
Department of Defense Enlistment /Reenlistment Document Armed Forces of the 
United States (DD Form 4), Department of the Army Oath of Extension of Enlistment or 
Reenlistment (DA Form 4836), or Oath of Office (NGB Form 337) and/or if not signed 
and dated by an enlisting/witnessing official and a service representative at the time the 
document is executed. Soldiers shall serve satisfactorily in the authorized Military 
Occupational Specialty (MOS)/Area of Concentration (AOC) for the full term of the 
service agreement, except for authorized exceptions.  Termination of incentives will 
occur if a service member voluntarily transfers out of the Critical Skills position for which 
the incentive is approved.  

2.	DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in 
effect, 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 Programs (CHELRP)) establishes standards, policies, and procedures 
for the management of the ARNG CHELRP.  The SLRP will be terminated if the 
member moves to another MOS other than that for which contracted.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200003252


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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