IN THE CASE OF: 
BOARD DATE: 19 July 2023 
DOCKET NUMBER: AR20220011837 


APPLICANT REQUESTS: 

1.Reversal of the National Guard Bureau (NGB) denial to renegotiate the $50,000.00Student Loan Repayment Program (SLRP) incentive to a $15,000.00 Selected ReserveIncentive (SRIP) Reenlistment Bonus (REB) on her 15 June 2018 reenlistment contract.

2.A personal appearance before the Board.


APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 



•DD Form 149 (Application for Correction of Military Record)•Army National Guard (ARNG) Policy, Subject: The ARNG SRIP Policy for Fiscal Year 2018 (FY18) Policy Number 18-01•DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 20 March 2018•NGB Form 600-7-5-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) or DA Form 4836Reenlistment/Reenlistment Bonus (REB) Addendum ARNG of the United States)•E-mail from Sergeant First Class (SFC) , 19 July 2020•DA Form 4856 (Developmental Counseling Form), 20 July 2020•E-mail from Staff Sergeant (SSG)  (the applicant), 20 July 2020•Applicant's request for Exception to Policy (ETP) for SLRP termination,21 July 2020•DA Form 4856, 22 July 2020•E-mail from SFC , 22 July 2020•E-mail from SSG , 22 July 2020•Applicant's request for ETP for SLRP termination, 3 May 2021•E-mail from SFC , 4 May 2021•E-mail from SFC , 23 February 2022•NGB Memorandum, Subject: ETP Reconsideration Disapproval, REB for SSG - (the applicant)•E-mail from SFC , 13 June 2022




FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code(USC), 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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states in effect, in March 2018, she reenlisted in the Wyoming ARNGfor 6-years. She was told by the Retention Noncommissioned Officer that she had tochoose between the SLRP or a $15,000.00 REB. At that time, she chose the SLRP.She received the first-year payment of the SLRP; however, the subsequent paymentshave been terminated without recoupment in July 2020. Apparently, due to no fault ofher own she was never eligible to receive the SLRP because she had previously been aMilitary Technician MilTech). At the time of her reenlistment, she was never told thatshe was not eligible for the SLRP. The FY18 SRIP policy indicates she was eligible toreceive both the SLRP and the REB. She requested and ETP to the NGB to have herreenlistment contract renegotiated to change her SLRP to a $15,000.00 REB. Sherequests the Board approve the renegotiation of her reenlistment contract to add theREB in lieu of the SLRP.

3.A review of the applicant's service record shows:

a.The applicant enlisted in the U.S. Army Reserve (USAR) on 24 January 2004.Her service record is void of any evidence of a discharge from the USAR. 

b.The applicant enlisted in the Army National Guard (ARNG) on 15 February 2006.The applicant received a $20,000.00 enlistment bonus and the SLRP (one existing loan in the amount of $6,625.00).  

c.The applicant was ordered to active duty for training on 10 May 2006. Theapplicant was honorably released from active duty on 18 August 2006. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 
3-months and 9-days of active service and completed the Army Band person Course.

d.The applicant extended her enlistment in the ARNG on 12 January 2010.

e.The applicant extended her enlistment in the ARNG on 24 October 2011. Theapplicant was eligible for a $7,500.00 REB. NGB Form 600-7-3-R-E (Annex R To  
DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum 
Army National Guard of The United States), Section II (Eligibility) states in pertinent part: 

•can only receive the REB incentive


•cannot reenlist/extend for more than one SRIP incentive, also eligible with anactive SLRP contract provided not receiving payments during that extensionperiod

•not currently in Active Guard Reserve (AGR) status or currently a MilTech



f.On 3 August 2017, Orders Number 215-103, issued by the State of Wyoming, theapplicant was ordered to active duty for full time National Guard Duty – Operational Support (FTNG-OS), effective 11 September 2017. 

g.On 28 September 2017, Orders Number 271-154, issued by the State ofWyoming, the applicant was ordered to FTNG-OS, effective 1 October 2017. 

h.The applicant was honorably released from active duty on 18 January 2018.
DD Form 214 shows the applicant completed 4-months and 8-days of active service. 

i.The applicant extended her enlistment in the ARNG on 20 March 2018 for
6-years. NGB Form 600-7-5-R-E, section II (Eligibility) states the applicantacknowledged she met all the eligibility criteria for SLRP:

•not contracted for any other SRIP incentive duty this period of extension ofservice

•first payment will begin 1-year from 14 June 2018

•extended for 6-years

•duty Military Occupational Specialty (MOS) qualified

•not previously contracted for SLRP and/or received any repayments underSLRP, SLRP cannot be combined with another previously signed LRP and/orSLRP contract

•not extending to qualify for AGR or Miltech position



j.On 10 December 2018, Orders Number 344-012, issued by the State of Wyoming,the applicant was assigned to an Assistant Team Leader position and was qualified for the position. 

k.On 24 January 2019, Orders Number 024-416, issued by the State of Wyoming,the applicant was ordered to annual training effective 10 February 2019. 

l.On 14 February 2019, Orders Number 045-122, issued by the State of Wyoming,the applicant was ordered to Active Duty for Special Work, effective 21 February 2019. 

m.On 30 September 2019, Orders Number 273-264, issued by the State ofWyoming, the applicant was ordered to annual training for operational support, effective 1 October 2019. 

n.The applicant was honorably released from active duty on 19 August 2020.
DD Form 214 shows the applicant completed 4-months and 8-days of active service. 

o.On 28 May 2022, the NGB disapproved the applicant's request for an ETP torenegotiate her $50,000.00 SLRP to a $15,000.00 Selective Reserve Incentive Program (SRIP) Bonus. The Chief of Personnel Programs, Resources and Manpower Division stated that renegotiating to an alternative incentive years after the original contract was written to satisfy a terminated incentive from a contract which started on 15 June 2018 goes against the retroactive provision in National Guard Regulation (NGR) 600-7 (SRIP), paragraph 1-8 and it is not authorized. There was no documentation which indicated the applicant was offered the REB at the time to allow for the substitution. 

4.The applicant provides:

a.ARNG FY18 SRIP Policy Number 18-01, yearly SRIP policy assists leadership in
meeting ARNG readiness requirements. It provides recruiting and retention incentives to assist in filling critical shortages. Incentives are implemented in those situations where other less costly methods have proven inadequate in supporting unit and skill staffing requirements.  

(1)Paragraph 5 (Reenlistment/Extension Bonus (REB), b (Eligibility):

•Grade E-3 through E-7, in position of grade or higher

•Less than 13-years’ time in service on the contract start date

•Duty MOS qualified

•Within extension window of 1-year to Expiration Term of Service (ETS) date



(2)Paragraph 11 (SLRP), SLRP is authorized to non-prior service, prior service, andcurrent ARNG members who: 

•Non-prior service

•Prior service/current

•Less than 16-years of time in service

•Below the grade of E-7

•Have a minimum of 90 semester hours on official transcript or have bachelor'sdegree or higher



b.E-mail from SFC R- C- dated 19 July 2020 informed the applicant, she was to becounseled for the termination of her incentive. She was not authorized to extend for the SLRP due to already having the SLRP in 2006 and ended in 2012. It was recommended the applicant request an ETP for relief from recoupment and the retention of the SLRP. The applicant was a MilTech at the time she extended, and she should explain how unjust it was for the MilTech not to be eligible for incentives. 








c. DA Form 4856 dated 20 July 2020, for the notification of an incentive discrepancy. An audit revealed she the applicant was not eligible for the SLRP due to having already contracted for the SLRP and not being authorized to recontract for an additional SLRP. The incentive was terminated on 15 June 2018 with a recoupment of $7,500.00. The applicant agreed to the counseling and stated she would be submitting a request for ETP.  d. E-mail from the applicant to SFC  dated 20 July 2020 stated, "As requested. Please review." e. Applicant's request for ETP for the termination of the SLRP dated 21 July 2020 stated her SLRP eligibility was terminated on 14 February 2012 about the time she became a MilTech. She was not aware nor was she counseled she was unauthorized to re-contract for the SLRP or that it would be terminated. She had the option to select a $20,000.00 bonus or the SLRP for her 6-year extension. She chose the SLRP. Not only was she not told that she was not eligible for the SLRP, but the contract and addendum were approved but she received her initial repayment towards her student loans. She was notified of the SLRP termination on 19 July 2020. The applicant believed it is unfair that MilTech's are excluded from the incentives program. If the incentive was going to be terminated, it should never have been offered when she extended for 6-years in 2018. Due to no fault of her own, she requests to be granted relief from the SLRP termination and recoupment. f. DA Form 4856 dated 22 July 2020, which counseled the applicant for the same discrepancy as the DA Form 4856 dated 20 July 2020. g. E-mail from SFC  dated 22 July 2020 stated, please sign the ETP request and the DA Form 4856. Chief is working on the endorsement letter. 



h.E-mail from the applicant to SFC  dated 22 July 2020 stated, As requested.i.Applicant's request for ETP for the termination of the SLRP dated 3 May 2021



which provides the same information as the ETP dated 21 July 2020, with the addition of "In lieu of termination of her SLRP, she requests a $20,000.00 REB which she was eligible for at the time of her extension on 20 March 2018. j. E-mail from SFC  dated 4 May 2021 requested the applicant to sign and return a document. k. E-mail from SFC  dated 23 February 2022 which informed the applicant he had been attempting to contact the NGB for a status of her request for ETP which she submitted the previous year. He had not received a response back from the NGB. 



l. E-mail from SFC  dated 13 June 2022 which advised the applicant to see the attached memorandum and inquired if she had any documentation which shows she had to choose between the SLRP and REB. BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was warranted. The Board carefullyconsidered the applicant's record of service, documents submitted in support of thepetition and executed a comprehensive and standard review based on law, policy andregulation.  One potential outcome was to deny relief based on the NGB advisoryrecommendation of disapproval based on the evidence that the applicant knew shecould not have both bonuses along with the regulatory guidance for re-enlistmentbonuses.  However, upon review of the applicant’s petition, available military recordsand the National Guard Bureau Personnel Programs, Resources and ManpowerDivision advisory, the Board considered the advising official’s recommendation of denialbased on renegotiating to an alternative incentive years after the original contract waswritten to satisfy a terminated incentive from a contract which started on 15 June 2018goes against the retroactive provision in National Guard Regulation (NGR) 600-7(SRIP), paragraph 1-8 and it is not authorized. The Board noted the opine stated,additionally, there was no documentation which indicated the applicant was offered theREB at the time to allow for the substitution.

2.The Board found the applicant extended her enlistment in the ARNG on 20 March2018 for 6-years. NGB Form 600-7-5-R-E, section II (Eligibility) states the applicantacknowledged she met all the eligibility criteria for SLRP. The Board determined therewas sufficient evidence in the record from email communication showing the applicantwas not aware nor was she counseled she was unauthorized to re-contract for theSLRP or that it would be terminated. The applicant had the option to select a$20,000.00 bonus or the SLRP for her 6-year extension. She chose the SLRP. TheBoard agreed, not only was the applicant not told that she was not eligible for the SLRP,but the contract and addendum were approved, and she received her initial repaymenttowards her student loans. Based on this, the Board found relief was warranted forreversal of the National Guard Bureau (NGB) denial to renegotiate the $50,000.00Student Loan Repayment Program (SLRP) incentive to a $15,000.00 Selected ReserveIncentive (SRIP) Reenlistment Bonus (REB) on her 15 June 2018 reenlistment contract.Therefore, the Board granted relief.

3.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

4.The applicant’s request for a personal appearance hearing was carefully considered.In this case, the evidence of record was sufficient to render a fair and equitabledecision.  As a result, a personal appearance hearing is not necessary to serve theinterest of equity and justice in this case.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X : :X GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: :X : 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 that applicant enrolled in a $15,000 Selected Reserve Incentive (SRIP) Reenlistment Bonus (REB) on her 15 June 2018 reenlistment contract.


Microsoft Office Signature Line...




ADMINISTRATIVE NOTE(S): 

1.Reference the enclosed request for correction of military records from the subjectindividual to correct his DD Form 214 (Certificate of Release or Discharge from ActiveDuty) for the period ending August 19, 2020, by:

a.Delete block 12c (Net Active Service this Period): 4-months and 8-days

b.Add block 12c: 1-year, 6-months, and 10-days

2.A review of the records listed below (enclosed) is sufficient to substantiate correctionof the DD Form 214 without action by the Board.

•DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates dated August 19, 2020

•State of Wyoming Orders Number 024-416

•State of Wyoming Orders Number 045-12

•State of Wyoming Orders Number 072-176

•State of Wyoming Orders Number 273-264

•State of Wyoming Orders Number 133-014



3.Please correct the applicant's DD Form 214 by amending it as shown in paragraphs1a and b above. Provide the applicant a copy of the corrections. Please ensure that thecorrections are recorded in the applicant's official military personnel record


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.National Guard Regulation (NGR) 600-7 (Selective Reserve Incentive Program),provides Army National Guard policies, procedures, and implementation of SelectedReserve Incentive Programs. It sets responsibilities, lists benefits, describes eligibilitycriteria and entitlement, sets suspension, termination, and recoupment requirements,and prescribes processing and payment procedures.

a.Paragraph 1-6 (Retroactive Provision), this regulation updates certain provisionsin effect for earlier fiscal year incentive programs. Soldiers who entered into agreements under those incentive programs will continue to participate according to their contractual agreements and this regulation where applicable. This regulation does not change the conditions of entitlement, eligibility criteria, or benefits of earlier incentive programs. Total incentive amounts and anniversary payment schedules specified in the original incentive agreements executed at the time of enlistment, reenlistment, extension, or affiliation are unchanged. Retroactive entitlement or reinstatement based on the revised or amended policy contained in this regulation is not authorized. 
 
 b.  Paragraph 5-2b, effective 1 October 1999, SLRP is offered to Prior Service enlistees. In accordance paragraph 5-2 and current members who have served the last 3 consecutive years in the ARNG, did not receive the SLRP as an enlistment, reenlistment or extension option in the Selected Reserve and have existing loans 
(loans established after the date of immediate reenlistment/extension are not eligible for 
SLRP,) may immediately reenlist/extend for a term of service that will provide a contractual obligation of not less than 6 years. (4) Is not immediately reenlisting/ extending for an AGR or for a MilTech position. 
 
 c.  Paragraph 5-5 (Termination and processing), a. Entitlement and eligibility for the SLRP will be terminated when one of the conditions listed below occurs. Do not recoup any amounts paid. Provide the termination notice when the Soldier: (7) Soldier accepts a position as a MilTech (includes temporary technician over 179 days and indefinite technician) where membership is a condition of employment effective on the date of employment. (8) Accepts an AGR position effective on the date of entry on AGR status.  
 
3.  Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
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