IN THE CASE OF: BOARD DATE: 17 May 2023 DOCKET NUMBER: AR20220007737 APPLICANT REQUESTS: Exception to Policy (ETP) to be awarded his remaining Student Loan Repayment Program (SLRP) payments in the amount of $14,000.00. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Notification of Eligibility for Retired Pay for Non-Regular Service (20 Years), 10 September 2020 * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement), 10 September 2020 * NGB Memorandum – Subject: Completing Closed Year Payments and Fiscal Year 2021 Selected Reserve Incentives Program (SRIP) Update, 5 February 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He is requesting that closed year payments be made from current year funding towards his SLRP incentive he received for his 2008 six-year extension contract while in Iraq for fiscal years' 2012-2015. He only received one payment of $6,000.00 toward his student debt for years 2010-2011 out of his $20,000.00 total SLRP incentive on his contract. He fulfilled his contractual obligations and has since honorably retired from military service. He is respectfully requesting the remaining of his contract incentive be paid to his student loan lender Navient as outlined in his 2008 contract. b. All his SLRP incentive information is on file with the Army National Guard (ARNG) G-1 incentives unit. This process has been very slow, and he has been patient over the last 15 years. He had to file several ETP memos and provide numerous documentations with the ARNG G-1 Incentives Unit throughout the years. It would be greatly appreciated as this incentive was the driving factor for his 6-year extension. He fulfilled all his obligations honorably and is requesting to close this almost 15-year bonus out that was promised to him in 2008. 3. A review of the applicant's military records show the following: a. Having had prior enlisted service in the Regular Army, he enlisted in the ARNG on 14 November 2005. b. On 28 October 2008, DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he reenlisted in the ARNG for 6-years. In connection with his reenlistment NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum ARNG) was completed and signed by the applicant on 10 December 2008 (SLRP control number 0810008CA). The form states, in pertinent part: (1) He was enlisting in A Company, 1st Battalion, 184th Infantry Regiment, which is authorized the SLRP. He had one loan existing in the amount of $24,944.03. The total amount of repayment for the qualifying loan will not exceed $20,000.00. He held primary Military Occupational Specialty (MOS) for the position for which he was enlisting. He was enlisting for MOS 11B3P (Infantryman) which is a "critical" skill authorized for the SLRP. (2) Section V (Termination) – He understood that his SLRP eligibility will be terminated if he voluntarily transferred out of his contracted MOS or SLRP eligible unit or reached the end of his 6 or 8-year contractual obligation. c. On 28 August 2009, he was honorably released from active duty and transferred back to the ARNG. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty in support of Operation Iraqi Freedom on 16 August 2008 and completed 1 year and 13 days net active service this period. d. Orders Number 110-1139, dated 19 April 2012, issued by the Joint Force Headquarters ARNG, transferred the applicant from Company A, 1st Battalion, 184th Infantry Battalion, Visalia, CA to 2nd Battalion, 223rd Regiment, San Luis Obispo, CA, effective 16 April 2012. The orders show duty MOS 00F38 (Instructor). e. On 5 June 2014, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows he extended his 28 October 2008 reenlistment for 6-years. In pertinent part, it shows bonus control number 4FE00087, SLRP, and Kicker. f. Orders Number 0000768776.00, dated 26 October 2020, issued by the Joint Force Headquarters ARNG, transferred the applicant to the Retired Reserve, effective 21 September 2020. 4. The applicant provides: a. A Notification of Eligibility for Retired Pay for Non-Regular Service (20 Years) dated 10 September 2020, which shows he completed the required years of service and will be eligible for retired pay upon his application at age 60 unless he qualified for a reduced eligibility age. b. NGB Form 23B dated 10 September 2020, which shows a total of 20-years creditable service for retired pay. c. NGB Memorandum – Subject: Completing Closed Year Payments and FY 2021 SRIP Update, dated 5 February 2021, which provides State Incentive Managers in the States, Territories, and District of Columbia the information and assistance needed to clear Barring Act cases. This policy applies to States with incentive payments that are overdue by five years or more from the current fiscal year. 5. On 2 March 2023, an email shows the ARNG Incentives Specialist stated: a. The applicant had a few discrepancies with his contract. He received an approved ETP request from the NGB to retain his incentive in 2015. He was approved for a Closed Year Payment (CYP) for 2 of his 6 payments – FYs' 10?11. Only 2-years were requested for approval to pay because the other 4-years were still able to be paid without a special funding request. Unfortunately, the CYP was not processed in a timely manner at the level we submitted the approval request to in 2016. By the time the approved CYP memo came back with funding information, a few of the other years were closed. We processed the two Closed Years of FY 10 and FY 11 for a total of $6,000. 00. b. At the time of processing the payments, it became mandatory that an approved ABCMR be received by the applicant prior to submission of any Closed Year Payment Requests. It is my opinion that the applicant is legally owed the remaining $14,000.00. He has been extremely patient and overly understanding with the processes that have failed him. 6. On 15 March 2023, the NGB, Chief, Special Actions Branch, provided an advisory opinion for this case and recommended approval. The advisory official stated: a. A review of documents, and data within the Guard Incentives Management System showed that the applicant signed an SLRP agreement on 10 December 2008 with the ARNG for a term of six years in unit identification code WPVWAX with a MOS as a 11B3P, which had an authorization for the SLRP. b. A review of the applicant's claim by the ARNG incentives office revealed that he did voluntarily transfer out the contracted MOS which violated the terms of the contract per Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2, in addition to violating the ARNG SRIP Policy Number 07-06 dated 10 August 2007. An ETP was submitted on the applicant's behalf to retain the $20,000.00 SLRP and was approved. c. It is the recommendation of this office that the applicant's request be approved. He did transfer out of the contracted MOS which violated the terms of the SLRP addendum, however the applicant did have an approved ETP which was approved and supported by the ARNG and the ARNG Incentives office. The input provided by the ARNG supports the recommendation to initiate payments of the applicant's SLRP for FY12, FY13, FY14, and FY15. The opinion was coordinated with the ARNG Incentives office. 7. On 21 March 2023, the applicant was provided a copy of the NGB advisory opinion. He did not respond. 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 the National Guard Bureau – Chief Special Actions Branch advisory opinion, the Board concurred with the advising official finding the applicant did transfer out of the contracted MOS which violated the terms of the SLRP addendum, however the applicant did have an approved ETP which was approved and supported by the CAARNG and the ARNG Incentives office. Based on the advisory opine, the Board agreed there was sufficient evidence to support an exception to policy (ETP) to be awarded to the applicant’s remaining Student Loan Repayment Program (SLRP) payments in the amount of $14,000.00. ? 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 the applicant is authorized an exception to policy (ETP) of his remaining Student Loan Repayment Program (SLRP) payments in the amount of $14,000.00. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Instruction Number 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for management of the Reserve components incentive programs. Paragraph 6.6.2 (Relief from Termination) states, persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007737 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1