IN THE CASE OF: 

		BOARD DATE:  27 April 2022

		DOCKET NUMBER: AR20210016683


APPLICANT REQUESTS: reconsideration of his previous request for:

*	cancellation of debt from the Student Loan Repayment Program (SLRP)
*	recoupment of debt paid to date

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	Request for reconsideration, dated 1 June 2021
*	Veterans Administration (VA) Decision Review, 11 May 2021

FACTS:

1. Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20180000601 on 24 January 2020.

2. The applicant provided new documentary evidence and new arguments that were not 
previously considered by the Board that warrant consideration at this time.

3. The applicant states:

	a. He now has additional evidence of his service-connected disability for rheumatoid 
arthritis which relates to his service. This qualifies him for termination without 
recoupment as provided in National Guard Regulation 600-7, paragraph 1-26, 
section A(5). 

	b. Due to this condition he was no longer able to meet training requirements for his 
military occupational specialty, he was not physically capable of meeting requirements 
for any MOS, and he was unable to complete the second part of his initial entry training 
(IET) during advanced individual training (AIT). 

	c.  While serving in his unit his condition made him unable to complete any further 
training. His unit commander told him he would have to finish his MOS program, change 
to an enlisted MOS, or be administratively discharged. He was not given an option for a 
medical discharge, so he filed a claim at the VA. His medical condition was documented 
at the VA and by a private health care provider.

	d. It took a year to process his discharge from the time he notified his unit. He 
transferred to another unit so he didn't have to drive 1 1/2 hours to attend training in 
which he could not participate. 

4. The applicant provided a copy of a VA Decision Review Officer's Decision, dated 
11 May 2021, showing was granted service connection for rheumatoid arthritis and this 
condition was directly related to military service.

5. The applicant completed 4 years of prior active service in the U.S. Navy from 
7 September 2000 to 6 September 2004 and he attained the pay grade of E-4. 

6. On 28 June 2011, the applicant enlisted in the Oregon Army National Guard 
(ORARNG) for a period of 6 years. 

	a. As part of the enlistment process, he completed and signed a Guard Annex 
(Enlistment/Reenlistment Agreement – Army National Guard Service Requirements and 
Methods of Fulfillment), whereby he acknowledged he understood the following 
requirements conditions, in pertinent part:

*	he was assured of attending the school course for MOS 09S (Commissioned 
Officer Candidate)
*	he understood the job description for the MOS he was enlisting for and further 
understood the general nature of the training he would receive
*	if for any reason beyond his control was unable to complete the training 
during the period he was in initial active duty training (IADT), he agreed to 
remain on IADT for such additional period as was required to complete his 
training or accept an alternate MOS if offered

	b. In connection with enlistment agreement, he also completed a National Guard 
Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment 
Program (SLRP) Addendum – ARNG), dated 28 June 2011. This agreement contains 
all the appropriate signatures, all the appropriate initials, and a bonus control number. In 
this agreement, he acknowledged he understood, in pertinent part, that he:

*	was enlisting into a valid vacant position in which double-slotting was not 
authorized in MOS 09S at UIC WPJQAA 
*	had 11 qualifying dispersed loans at the time of his enlistment that did not 
exceed $50,000.00
*	had greater than 90 semester hours of college credit
*	he was required to completed Basic Officer Leadership Course upon 
successful completion of Officer Candidate School
*	he would be suspended from SLRP if he failed to begin an officer producing 
program within 1 year of entering to 09S enlistment option
*	he must begin AIT within 180 days after withdrawal from the OCS program
*	he would be terminated from the incentive for failure to become duty MOS 
qualified within 24 months after an involuntary transfer into another skill for 
the convenience of the government
*	he would be terminated from the incentive for separation from the ARNG for 
any reason other than transfer to the Army Reserve
*	he would be terminated from the incentive for failure to maintain medical and 
dental readiness during the entire period of enlistment unless failure was due 
to reasons beyond his control (i.e., death, injury, illness, or other impairment)

7. On 8 July 2011, the Military Entrance Processing Station ordered him to IADT for 
10 weeks of basic combat training (BCT) with a reporting date of 20 September 2011. 

8. On 2 December 2011, he was honorably released from active duty training (ADT). 
His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
completed BCT and was not awarded a primary specialty.

9. Various orders issued by Joint Force Headquarters, ORARNG:

*	attached him to Recruit Sustainment Company B, effective 1 July 2011, for 
administrative, training, and pay
*	released him from Recruit Sustainment Company B, effective 16 December 2011
*	reassigned him to the duty position Platoon Leader (MOS 09S) and relived him 
from duty position Track Vehicle Driver effective 12 March 2012
*	released him from duty position Platoon Leader and transferred him to FATDS 
Specialist effective 25 September 2012
*	discharged him from the ARNG and as a reserve of the Army effective 
4 September 2013

10. On 4 September 2013, he was discharged from the ORARNG. His NGB Form 22 
(National Guard Report of Separation and Record of Service) shows in:

*	item 13 (Primary Specialty Number, Title, and Date Awarded), (P) 09S, 
Commissioned Officer Candidate, 28 June 2011
*	item 23 (Authority and Reason), NGR 600-200, paragraph 6-35d(4), failure to 
attend IET within 24 months
*	item 24 (Character of Service), uncharacterized

11. BCMR Docket AR20180000601, dated 24 January 2020, shows the Board found no 
error or injustice in the applicant's SLPR debt.

12. There is no evidence in the applicant's service record and the applicant has not 
provided any evidence of medical documentation showing he was assigned a medical 
profile, he was processed for disability separation, or he received treatment for disability 
while he was in the ORARNG that would have prevented him from attending training 
during the period required by his contract.

14. MEDICAL REVIEW:

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, the Army Aeromedical Resource Office (AERO), and the Interactive 
Personnel Electronic Records Management System (iPERMS).  The ARBA Medical 
Advisor made the following findings and recommendations:  

    a.  The applicant is again applying to the ABCMR requesting a termination of and/or 
return of the $4,583.14 which he had received from the Army National Guard’s Student 
Loan Repayment Program (SLRP).  The applicant states he was unable to complete his 
required training because his rheumatoid arthritis (RA) prevented him from doing so.

    b.  The Record of Proceedings and previous ROP detail the applicant’s military 
service and the circumstances of the case.  His Report of Separation and Record of 
Service (NGB Form 22) shows he enlisted in the Oregon Army National Guard 
(ORARNG) on 28 June 2011 and received an uncharacterized discharge on 4 
September 2013.  He was discharged under the provisions of paragraph 6-35d(4) of 
NGR 600-200, Enlisted Personnel Management (31 July 2009): Failure to attend IET 
(phase I or phase II) within 24 months.  The NGB Form 22 shows he had completed 
basic combat training (BCT).

    c.  This request was previously denied on 12 December 2018 (AR20180000601).  
Rather than repeat their findings here, the board is referred to the record of proceedings 
for that case.  This review will concentrate on the applicant’s medical condition(s) and 
new evidence submitted by the applicant.

    d.  Guardsman participating in the SLRP are required to become qualified in their 
duty military occupational specialty within 24 months of entering the program.  The 
benefit is terminated with recoupment if they fail to earn a commission or become MOS 
qualified within the accepted time frame and are subsequently discharged.

    e.  The applicant graduated Basic Combat Training on 1 December 2011.  He did not 
complete Advanced Individual Training within 24 months and so was discharged from 
the ORARNG.  

    f.  The question for the Board is “Was his failure to compete the required training due 
to his rheumatoid arthritis?”  If so, the portion of this SLRP which he had received for 
2012 should not have been subject to recoupment.  Paragraph 1-26a of NGR 600-7, 
Selected Reserve Incentive Programs (12 August 2014):  

“The conditions under which termination without recoupment of incentives is 
warranted are prescribed in this paragraph and also the applicable program 
chapters and sections of this regulation. The effective date of the termination will 
be the effective date of the action. Payments due prior to the effective date will 
be paid to the Soldier. Payments due after the effective date of the action will be 
canceled and will not be paid to the Soldier.

    f.  1-26a(17) is the paragraph under consideration for this case:

“Discharged due to injury or illness that occurred or was detected while assigned 
in a TPU status. Reason for medical discharge must not be a result of Soldier’s 
own misconduct. Termination effective date is ARNG date of discharge.”

    g.  There are no elucidating documents in iPERMS and there are no medical 
documents in MEDCHART.  AHLTA contains three clinical encounters from his period 
of basic training; two for ankle pain/tendonitis on 1 October 2011, and one for shoulder 
pain on 16 November 2011.  

    h.  A 29 January 2014 JLV encounter states the applicant was diagnosed with 
rheumatoid arthritis at in 2011.  Records from were uploaded into JLV.  They show the 
applicant’s onset of his RA was in February 2012 and it diagnosed in May 2012.  They 
show the applicant was being treated with methotrexate and etanercept, aka Enbrel.   
This self-injected medication is used to treat moderate to severe active RA as well as a 
number of other autoimmune disease.

    i.  From a 14 January 2013 physician’s note from Northwest Rheumatology 
Associates:

(1) “Per the patient, he developed hand pain in approximately 9/2011.  He developed 
severe hand swelling in 3/2012.  He has been very compliant with methotrexate 
weekly over the last 7 months with Plaquenil twice a day for 7 months.  Although 
he had improved initially, he has recently noticed persistent swelling in several 
hand joints with morning stiffness.  He also has bilateral foot pain that worsens 
with walking.

(2) Chart review also indicates a strong positive CCP, positive rheumatoid factor, as 
well as an inflammatory joint effusion in May ... Slight weight loss and fatigue … 
Has occasional mouth sores ...

(3) PHYSICAL EXAMINATION: … JOINTS: Marked synovitis at the left 3rd
PIP {finger joint}. Moderate swelling at both 2nd MCPs {knuckle joint} and right 
2nd PIP. Swelling at the right 4th toe joint and tenderness across the forefoot. 

    j.  The applicant developed moderate to severe RA shortly after completing BCT.  
Despite treatment, the note from January 2013 shows he remained symptomatic to a 
point which would have made the successful completion of his advanced training highly 
unlikely.  

    k.  In addition, paragraph 3-40i of AR 40-501, Standards of Medical Fitness (4 August 
2011) shows his RA was likely a cause for referral to the DES at that time.  This 
paragraph states that RA fails medical retention standards when: 

“It interferes with successful performance of duty or requires geographic 
assignment limitations or requires medication for control that requires frequent 
monitoring by a physician due to debilitating or serious side effects.

    l.  Patients on methotrexate require frequent laboratory testing to monitor for side 
effects.  These include liver enzymes (ALT and AST), serum creatinine, and a compete 
blood count starting every 2–4 weeks for the first 3 months, every 8–12 weeks for 3–6 
months after initiation, and every 12 weeks thereafter ( “American College of 
Rheumatology 2008 recommendations for the use of nonbiologic and biologic disease-
modifying antirheumatic drugs in rheumatoid arthritis,” Arthritis & Rheumatism, vol. 59, 
no. 6, pp. 762–784, 2008.)

    m.  Because medications to treat active RA can negatively affect the immune system, 
most Soldiers requiring routine use of these medications are unfit for service as they are 
not worldwide deployable.

    n.  A VA ratings decision submitted with the applicant shows the applicant was 
received a 60% service-connected disability rating for RA effective 31 January 2013.  
The applicant states he was discharged from the ORARNG on 4 September 2013.  

    o.  There is no evidence of misconduct or negative attitude toward SLRP 
requirements by the applicant (counseling statements, canceled orders, etc.).  An earlier 
DD 214 shows the applicant completed a four-year enlistment in the Navy form 
September 2000- September 2004.

    p.  It is the opinion of the Agency Medical Advisor that the applicant’s RA would have 
or did prevent him from fulfilling the requirements of his SLRP contract.  Therefore, IAW 
paragraph 1-26a(17) of NGR 600-7, his discharge for a medical reason should have 
resulted in a termination of his SLRP benefits effective the date of his discharge from 
the ORARNG, and the prior payment of $4,583.14 should not have been subject to 
recoupment.  It is recommended that all recouped monies be returned to the applicant 
and ongoing recoupment efforts, if any, be terminated.


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 Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition, available military records, and 
medical review, the Board concurred with the advising official finding applicant’s 
rheumatoid arthritis (RA) did prevent him from fulfilling the requirements of his SLRP 
contract.  Therefore, IAW paragraph 1-26a(17) of NGR 600-7, his discharge for a 
medical reason should have resulted in a termination of his SLRP benefits effective the 
date of his discharge from the ORARNG, and the prior payment of $4,583.14 should not 
have been subject to recoupment. The Board agreed that all recouped monies be 
returned to the applicant and ongoing recoupment efforts, if any, be terminated.  Based 
on this, the Board granted relief. 





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	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 to show cancellation of debt 
from the Student Loan Repayment Program (SLRP) and recoupment of debt paid to 
date. 


		  
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, paragraph 6.6.2. states persons 
whose military specialty is changed at the convenience of the Government or whose 
unit is inactivated, relocated, reorganized, or converted are entitled to continue receiving 
incentive payments provided they meet all other eligibility criteria, and are not separated 
from the Selected Reserve.

2.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs) governs 
policies and procedures for the administration of the ARNG SRIP programs, including 
the SLRP.

	a. Paragraph 1-25 states the conditions under which termination with recoupment of 
incentives is warranted are prescribed in this paragraph and also the applicable 
program chapters and sections of this regulation. With the exceptions of the SLRP, 
which is normally not recouped because time is served prior to receipt of the incentive. 
However, when there is an overpayment of SLRP funds or the SLRP payment was 
made in error, recoupment will be processed. Termination with recoupment is defined 
as termination of the incentive with the Soldier entitled to a prorated incentive amount 
based on the number of months served satisfactorily prior to the incentive termination 
date. The Soldier may be required to pay funds back to the government or the Soldier 
may be entitled to a payment. Termination with recoupment will occur, if a Soldier 
voluntarily moves to a non-bonus unit or MOS, or as otherwise stated in this regulation.  
Termination is effective the date of transfer into the new MOS. See paragraph 1-19, 
Personnel movement between ARNG units.
	b. Paragraph 1-26a(5) states separation from the ARNG or transfer from the 
designated bonus position because of death, injury, illness, or other impairment that is 
not the result of misconduct by the soldier, termination will be without recoupment.

	c.  Section VI (SLRP), paragraph 2-24b states the SLRP may be offered to Prior 
Service (PS) enlistees, and current ARNG members who meet the following 
requirements:

		(1) Enlist/affiliate or reenlist/extend for a minimum of three years.

		(2) Enlist/affiliate or reenlist/extend DMOSQ.

		(3) Enlist into valid CS vacancy or reenlist/extend as the primary position holder 
(not coded excess) in a grade commensurate with the position IAW current FY SRIP 
policy.

		(4)  Meet the minimum Armed Forces qualification test (AFQT) requirements

		(5) Have one or more disbursed qualifying loan(s) as per current FY SRIP policy.

		(6) Be within 365 days of, or 24 hours after, the expiration term of service (ETS) 
of their current ARNG enlistment, reenlistment, or extension contract. The second or 
subsequent voluntary enrollment in the ARNG within 24 hours of separation (immediate 
reenlistment) allows for continuation of active ARNG Service with the ARNG of the 
same State, Territory, or District.

		(7) Must have a pre-approval authorized prior to signature date from the ARNG 
incentive management system IAW current FY SRIP policy.

	d. Section VI, paragraph 2-26 states the applicant must fill a valid vacant position 
and not an excess, over-strength, or manually loaded vacancy.

	e. Section VI, paragraph 2-27 states repayment of loan(s) shall be made on the 
basis of each complete year of service performed by the borrower.  The portion or 
amount of a loan that may be repaid is 15 percent or $500, whichever is greater, for 
each year of service, plus the amount of any interest that may accrue during the current 
year. 

	f. Section VI, paragraph 2-35 states incentive eligibility will be terminated when any 
of the termination reasons listed in paragraph 1-24 through 1-26 apply and that member 
will not be eligible to receive any further incentive payments, except for Service 
performed before the termination date.  Once declared ineligible, termination of an 
incentive will not affect a Soldier’s responsibility to serve their current statutory or 
contractual Service commitment.

3. The Army National Guard SRIP Memorandum for FY2011, 25 July 2011, states, in 
part:

	a. 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. 

	b. Soldiers are required to complete their service obligation even if released or 
removed from an incentive addendum. 

	c. Army Regulation 601-210, Active and Reserve Component Enlistment Program, 
8 February 2011, governs suspension, reinstatement, termination, and recoupment of 
incentives. This policy supplements the regulation with specific criteria for each 
incentive. 

	d. Soldiers must become Duty Military Occupational Specialty Qualified (DMOSQ) 
within 24 months from the date of enlistment to be eligible for this incentive. 

	e. The SLRP is subject to suspension if the candidate withdraws from the OCS 
program and do not become DMOSQ. Soldiers must begin AIT within 180 days after 
withdrawal from OCS. The SLRP suspension will be lifted upon finishing AIT and 
becoming DMOSQ. 

	f. The SLRP is subject to recoupment if the candidate fails to earn a commission or 
become DMOSQ and is subsequently discharged or if the candidate fails to qualify in an 
enlisted MOS after withdrawal from OCS.

4. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or 
Separation), in effect at the time, established the Army Physical Disability Evaluation 
System according to the provisions of chapter 61 of Title 10 United States Code and 
Department of Defense Directive 1332.18. It set forth policies, responsibilities, and 
procedures that apply in determining whether a member was unfit because of physical 
disability to perform the duties of his office, grade, rank, or rating. If a member was 
found unfit because of physical disability, it provided for disposition of the member 
according to applicable laws and policies. 

	a. The mere presence of impairment does not, of itself, justify a finding of unfitness 
because of physical disability. In each case, it is necessary to compare the nature and 
degree of physical disability present with the requirements of the duties the member 
reasonably may be expected to perform because of his office, rank, grade or rating.  
The Army must find that a service member is physically unfit to reasonably perform his 
duties and assign an appropriate disability rating before that service member can be 
medically separated or retired. Chapter 3 states disability compensation is not an 
entitlement acquired by reason of a service incurred illness or injury; rather, it is 
provided to Soldiers whose service is interrupted and they can no longer continue to 
reasonably perform because of a physical disability incurred or aggravated in service.

	b. Paragraph 4-24e(3) provided that Based upon the final decision of the 
Commanding General, U.S. Army Physical Disability Agency, or the Army Physical 
Disability Review Board, the Commanding General, Military Personnel Center would 
issue retirement orders or other disposition instruction separation for physical disability 
with severance pay.

5. The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) is the 
standard under which percentage rating decisions are to be made for disabled military 
personnel. The VASRD is primarily used as a guide for evaluating disabilities resulting 
from all types of diseases and injuries encountered as a result of, or incident to, military 
service. Unlike the VA, the Army must first determine whether or not a soldier is fit to 
reasonably perform the duties of his office, grade, rank or rating. Once a soldier is 
determined to be physically unfit for further military service, percentage ratings are 
applied to the unfitting conditions from the VASRD. These percentages are applied 
based on the severity of the condition.

6. Title 38, U. S. Code, sections 310 and 331, permits the DVA to award compensation 
for a medical condition which was incurred in or aggravated by active military service.  

7. Title 10, U. S. Code, section 1203, provides for the physical disability separation of a 
member who has less than 20 years' service and a disability rated at less than 30 
percent.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210016683


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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