IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20210005341 APPLICANT REQUESTS: reversal of the National Guard Bureau (NGB) denial of the Student Loan Repayment Program (SLRP) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Request for Exception to Policy (ETP) for SLRP, dated 6 May 2020 * Memorandum – Subject: Notification of ETP Result, dated 26 May 2020 * DA Form 2823 (Sworn Statement) * Email Communication * Training Slide deck (Selected Reserve Incentives Program (SRIP) Fiscal Year (FY) 20 Incentives Update) FACTS: 1. The applicant states that when he reenlisted on 18 October 2019, he was advised that he was ineligible for enrollment in the SLRP and a Reenlistment Bonus (REB) despite being fully eligible. He contests that due to being misinformed by the personnel office at the time of his reenlistment. He chose the REB because of personal/financial hardships he was undergoing during that time. Had he or his Readiness Noncommissioned Officer (NCO) known that he was eligible to elect to receive both the SLRP incentive and the REB incentive, he would have contracted to do so. 2. A review of the applicant's available service records reflects the following: a. On 26 November 2013, the applicant enlisted in the Army National Guard (ARNG) for 8 years with entitlement to the Non-Prior Service Enlistment Bonus (NPSEB) and the Montgomery G.I. Bill Selected Reserve (MGIB-SR) Kicker incentive. b. On 12 December 2014, the applicant completed Initial Active Duty Training (IATDT) to include the 92Y (Unit Supply Specialist) course. c. On 5 October 2019, the applicant reenlisted in the ARNG for 6 years with entitlement to a $20,000.00 REB to be paid in a lump sum upon initiation of his contract start date. NGB Form 600-7-4-R-E (Annex R to DD Form 4 or DA Form 4836 – Reenlistment/Extension Bonus (REB) Addendum ARNG of the U.S.) Section II (Eligibility) provides acknowledgement by the applicant that he understood the option to contract for more than one incentive if in accordance with the annual ARNG Selected Reserve Incentive Program (SRIP). He did not contract for the SLRP. d. On 30 March 2020, Joint Force Headquarters, Oklahoma ARNG issued Permanent Orders Number 090-002 ordering the applicant to Full-Time National Guard Duty (FTNGD) effective 1 April 2020 3. The applicant provides the following: a. Memorandum – Subject: Request for ETP for SLRP, dated 6 May 2020, reflective of the NGB disapproving the applicant's request to retain the SLRP incentive citing that he did not contract for the incentive at the time of his reenlistment/extension which violates Department of Defense Instruction 1304.36 (Education Loan Repayment Program). b. Memorandum – Subject: Notification of ETP, dated 26 May 2020, reflective of the applicant being advised by an Education Officer regarding the outcome of his request for an ETP and the possible courses of action pending the outcome. c. DA Form 2823 reflective of the applicant's contention with his inability to enroll in the SLRP at the time of his reenlistment. This information reiterates the applicant's opening statement to the Board. d. DA Form 2823 from Sergeant First Class W_, wherein he provides that at the time of the applicant's reenlistment, he (the applicant) was advised by Staff Sergeant S_ (presumed to be his Readiness NCO) that he had to make an election to either receive the REB or the SLRP incentive. The applicant was not aware of his ability to elect both incentives. Had he been aware of this option, the applicant would have elected to receive both incentives. e. Email Communication reflective of communication concerning the applicant's enrollment in the SLRP and the NGB's disapproval of his request for an ETP to retain this incentive. f. Training Slide deck SRIP FY20 Incentives Update reflective of information concerning the reenlistment incentives. Slide 10 (REB) provides that eligible personnel may receive 2-incentives in any combination of the REB, SLRP and or Kicker. Slide 17 (SLRP) also provides this same information. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board agreed that if the applicant was not misinformed, and knew he could take both incentives at the time he contracted for service that he would have done so. The Board determined there is sufficient evidence to correct the record to show he contracted for both the SLRP and REB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 he completed a NGB Form 600-7-4-R-E that also shows he contracted for the SLRP on 5 October 2019. 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 National Guard Bureau SRIP Policy for Fiscal Year 2020 (FY20) Policy Number 20-01 provides policy to assist the ARNG in meeting leadership’s end strength, readiness, and force balancing objectives. It provides recruiting and retention incentives to assist in filling critical shortages. Incentives are implemented to support unit and occupational skill staffing requirements. Section 3 (Prior Service Enlistment Bonus (PSEB)) provides that Soldiers may contract for both the cash bonus and the education incentives. Section 10 (Student Loan Repayment Program (SLRP)) provides that enlisted Soldiers can receive both the cash incentives and the SLRP for the same period of service. Eligibility date for the SLRP will be the date of the contract. 2. Department of Defense Instruction 1304.36 (Education Loan Repayment Program) provides that the Loan Repayment Program (LRP) is an incentive to encourage enlistment, affiliation, and retention in designated military career fields and skills for specified periods of obligated service in support of DoD personnel requirements. Section 3.1 (Service Member Eligibility) provides that eligible service members must sign a written agreement to serve in the Selected Reserve for a period specified by the Secretary of the Army. Military Departments must clearly state the total amount to be repaid in the signed loan repayment agreement with the Service Member. 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that the eligibility for any incentive governed by this regulation requires that an enlisted Soldier must enter into a contractual obligation. 4. Army Regulation 621-202 (Army Educational Incentives and Entitlements) provides that selection of the SLRP incentive must be accomplished by the applicant when he or she signs a Selected Reserve contractual agreement. The SLRP is not authorized in conjunction with the officer and warrant officer affiliation or accession bonus. In all other cases the SLRP may be combined with other SRIPs, subject to eligibility criteria of each program offered. 5. Army Regulation 601-280 (Army Reenlistment Program) provides that the Selective Retention Bonus (SRB) Program is a retention incentive paid to Soldiers who reenlist for a minimum of 3 years in a military skill designated as critical. The objective of the SRB Program is to increase the number of reenlistments in critical Military Occupational Specialties (MOS) that do not have adequate retention levels to man the force. The bonus will be paid in addition to any other pay and allowances to which the Soldier is entitled. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005341 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1