IN THE CASE OF: BOARD DATE: 1 March 2021 DOCKET NUMBER: AR20200001131 APPLICANT REQUESTS: entitlement to the retention of incentives under the Student Loan Repayment Program (SLRP) in the Army National Guard. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB GIMS Student Loan Repayment Program (SLRP) form dated 22 April 2016 * Memorandum for Record (MFR) – Exception to Policy for Incentive Discrepancy dated 4 September 2017 * MFR – Request for Exception to Policy (ETP) for Student Loan Repayment Program (SLRP) dated 17 April 2018 FACTS: 1. The applicant states that he was required to change his military occupational specialty (MOS) after failing to pass the National Registry Emergency Medical Technician (NREMT) exam. He contests he was not afforded the option to retest or be recycled within the 68W (Health Care Specialist) course nor permitted to attempt to pass the exam a fourth time. He adds that the SLRP was the primary reason why he enlisted in the Army National Guard (ARNG) and to have the incentive terminated has resulted in negative feelings towards reenlistment and his organization. He understands how much the ARNG values education and as a public school teacher he would remain grateful if his entitlement to the SLRP incentive was reinstated to assist with his debt. 2. On 22 April 2016 he enlisted in the ARNG for 8-years with entitlement to the SLRP incentive. At the time of enlistment, he contracted to attend to become a 68W. His executed contract provides that “if for any reason beyond his control he is unable to complete the training during the period for which he was initially ordered to Initial Active Duty Training (IADT), he agreed to remain on IADT for such additional period as is required to complete his training or accept training in an alternate MOS if offered and remain on IADT for completion of such alternate training. The SLRP agreement provides understanding of the applicant’s obligation to serve in the same Military Department and in the same unit and critical skill for which the bonus is approved. Continued receipt of the SLRP incentive may occur if the applicants MOS is changed due to unit transition, inactivation, relocation, reorganization, or conversion. Further the applicant may continue to receive the SLRP provided he/she met all other eligibility criteria, and became duty MOS qualified within 24?months, and he/she is not separated from the Selective Reserve (SELRES). 3. The applicant provides a NGB GIMS Student Loan Repayment Program (SLRP) form dated 22 April 2016 reflective of the verification of $31,500 worth of student loans eligible for repayment under the SLRP. 4. On 27 April 2016 the Military Entrance Processing Station issued Order 6264005 ordering him to active duty on 20 September 2016 for the purpose of completing IADT to include 68W MOS training. 5. The applicant did not meet educational requirements for MOS 68W. As such, on 24 April 2017, Headquarters, U.S. Army North issued Order 114-237 released him from 68W MOS training effective 5 May 2017 and reassigned him to complete 88M (Motor Transport Operator) training. 6. On 26 May 2017 the United States Army Maneuver Support Center of Excellence issued Order 146-789 awarding MOS 88M to the applicant for successful completion of applicable training. 7. The applicant provides Memorandum for Record (MFR) – Exception to Policy for Incentive Discrepancy dated 4 September 2017 reflective of his request to retain the SLRP incentive citing that he was informed that his SLRP contract was deemed as invalid because he voluntarily changed his contracted MOS from 68W to 88M. 8. The applicant provides a MFR – Request for Exception to Policy (ETP) for Student Loan Repayment Program (SLRP) dated 17 April 2018 reflective of their disapproval of his request for an ETP citing that he voluntarily transferred out of the contracted MOS which violates the Department of Defense 1205.21. Specially the document provides that he failed to meet the educational requirements for the contracted 68W MOS and was therefore reclassified to MOS 88M. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The evidence shows the applicant enlisted in the ARNG for 8 years on 22 April 2016, in a critical MOS, 68W, that was authorized the SLRP incentive. He promised the SLRP incentive with a stipulation that he would serve in the same unit and critical skill for which the bonus is approved. Continued receipt of the SLRP incentive may occur if the applicants MOS is changed due to unit transition, inactivation, relocation, reorganization, or conversion. Further the applicant may continue to receive the SLRP provided he/she met all other eligibility criteria, and became duty MOS qualified within 24?months, and he/she is not separated from the Selective Reserve. He did not meet education requirements for MOS 68W and he was sent to train in MOS 88M. By not completing training requirements of the contracted MOS, he breached his contract. He submitted an exception to policy to retain the SLRP incentive citing that he was informed that his SLRP contract was deemed as invalid because he voluntarily changed his contracted MOS from 68W to 88M. His exception to policy was disapproved. The Board agreed that since the applicant voluntarily transferred out of the contracted MOS, he essentially violated DOD 1205.21; specifically, he failed to meet the educational requirements for the contracted 68W MOS and was therefore reclassified to MOS 88M. 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. 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. FY16 SRIP Policy Guidance effective 24 September 2015 Policy guidance from 1 October 2015 through 30 September 2016 provides that to be eligible for the Student Loan Repayment Program the recipient must: • Must enlist for a minimum 6-year term of service • 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. Retroactive entitlement of a SRIP incentive is not authorized under this policy • Soldiers are required to complete their service obligation even if released or removed from an incentive addendum a. Continuation of SLRP incentive: Soldiers may continue to receive their SLRP incentives after their initial 6-year or 8-year obligation provided they remain fully eligible for the incentive and they extend their initial service agreement in 6-year increments. b. Failure to return to active status within the approved time period for non- availability or failure to extend the contracted period of service for a period of authorized non-availability within 90 days of return to active status. Termination will be effective on the date reflected on the Soldier's order to the ING. c. Members must be Duty MOS Qualified (DMOSQ) in the same, original contracted MOS on the reenlistment/extension signature date and agree to serve in that MOS for 6-years, unless the MOS is changed due to convenience of the government. Failure to remain in bonus UIC/MOS for entire contract period may result in termination and recoupment of the unearned bonus portion. The document further provides that the SLRP incentive is restricted by critical AOC/MOS on current SRIP at the time service member executes contract. 2. AR 621-202 (Army Educational Incentives and Entitlements) states that a Prior Service or in-service Soldier must meet requirements listed in AR 601–210, must be qualified and have been awarded the MOS in which contracting. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001131 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1