IN THE CASE OF: BOARD DATE: 14 March 2023 DOCKET NUMBER: AR20220004957 APPLICANT REQUESTS: Reconsideration of her previous request to reverse the termination of the following incentives and pay out all eligible payments under the following contracts in the Army National Guard: * Non-Prior Service Enlistment Bonus (NPSEB) * Student Loan Repayment Program (SLRP) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter of Reconsideration * National Guard Bureau (NGB) Advisory Response, 20 July 2021 * Technician Job Vacancy Announcement Number 11-266B * Email Correspondence * Excerpt Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) * DOI 1205.21 – Enclosure 2 * DODI 1205.21 – Enclosure 3 * DODI 1205.21 – Enclosure 8 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 AR20200007359 on 12 April 2021. 2. The applicant states in pertinent part that she is asking for reconsideration of her application in Docket Number AR20200007359 for reversal of termination of the NPSEB and SLRP. She asks that these incentives be paid in full due to the incentives being incorrectly terminated based upon acceptance of a Military Technician (MILTECH) position. The NGB advisory opinion from the first application stated that they determined their original termination to be incorrect as her assignment was a temporary assignment per DODI paragraph 6.6.3 met relief from termination. Additionally, she provided the technician announcement which indicates the position was always intended to be temporary and would end upon the return of the incumbent which was schedule to be less than 6 months. If her bonus was considered under the appropriate sections of DODI 1205.21 (paragraph 6.6.3, Enclosure (2) E2.1.23, Enclosure (3) E3.1.1, and Enclosure (8) E8.1.4) a determination requiring the termination of her incentives would have never taken place. The incentives were terminated based upon DODI 1205.21 paragraph 6.9.3 (acceptance of a MILTECH position) which is not applicable to her situation because paragraph 6.8 begins to outline the termination clauses and states "unless granted relief as covered in paragraphs 6.6 and 6.7". Paragraph 6.6 outlines instances that grant relief from termination for MILTECH positions and 6.6.3 states that temporary positions that do not exceed 6 months meet the requirement for relief from termination. 3. A review of the applicant's available service records reflects the following: a. On 21 October 2008: (1) She enlisted in the Arkansas Army National Guard (ARARNG) and continued service through reenlistments. In conjunction with this enlistment NGB Form 600-7-1-R- E (Annex E to DD Form 4 NPSEB Addendum ARNG of the United States), shows in she enlisted in Military Occupational Specialty (MOS) 42A (Human Resources Specialist). Section III (Payments) shows the applicant's enlistment bonus totaled $20,000.00; the first bonus payment of 50 percent would be paid after completion of initial active duty for training and the award of the MOS; and the second and final bonus payment of 50 percent would be paid on the 36-month anniversary date of enlistment. Payments would not be processed until all requirements were met and the entitlement verified and certified by the proper authority. Section 5 (Termination) shows the bonus would be terminated without recoupment if she accepted a MILTECH position and on the effective date of her orders have served at least 6 months of the incentive contract. Or terminated with recoupment if she accepted a MILTECH position and on the effective date of her orders have not served at least 6 months of the incentive contract. (2) NGB Form 600-7-5-R-E (Annex L to DD Form 4, SLRP Addendum, ARNG of the United States) showing in Section 2 (Eligibility) the applicant was Non-Prior Service and enlisted for at least 6 years in the National Guard. She was assigned to the 233rd Regional Training Institute which is authorized for the SLRP. She had three loans totaling $9,250.00. Section 5 (Termination) states that SLRP eligibility would be terminated if the applicant accepted a MILTECH position. b. On 29 October 2008, the applicant entered active duty for training. c. On 2 April 2009, the applicant was honorably released from active duty and returned to her ARNG unit. She completed training in MOS 42A. d. On 12 April 2021, in ABCMR Docket Number AR20200007359, the Board denied the applicant's request and stated after reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's request, supporting documents, evidence in the records and regulatory guidance. Based on the documentation available for review, the position the applicant held did not comply with the contractual agreement required for retention of the SLRP and there is no basis upon which to grant relief. 4. The applicant provides the following: a. Letter of Reconsideration detailing her request for the Board to overturn the previous denial and grant her full relief for the remainder of the NPSEB and SLRP payments. b. NGB Advisory Response dated 20 July 2021 wherein they recommended approval of the reinstatement of her NPSEB and SLRP stating: (1) The applicant signed contracts for a NPSEB and the SLRP on 21 October 2008. On 15 September 2011, she accepted a MILTECH position with the ARARNG. Although her acceptance SF50 (Notification of Personnel Action) states this position was an indefinite status position, block 15 of the SF 50 states mobilization backfill. (2) In accordance with Section V of the applicant's NPS conus contract, termination without recoupment is required if the Soldier "Accept[s] a MILTECH position and on the effective date of orders has served at least 6 months of the incentive contract term." Similarly, Section V of her SLRP contract calls for termination if the service member "Accepts a MILTECH position." (3) DODI 1205.21, paragraph 6.6.3 provides relief from termination to Soldiers accepting MILTECH positions on a temporary assignment as a MILTECH under definitions in paragraph E2.1.23 as follows: For this instruction, a MILTECH assignment is considered to be temporary when the assignment is for a period of less than 6 months and there is no expectation of continued employment as a MILTECH beyond that date." DODI 1205.21 allows temporary assignment as a MILTECH under eligibility criteria for both the NPS bonus and the general education loan repayment programs in the standardized written agreement text contained in paragraphs E3.1.1.5 and E8.1.1.2, respectively. (4) At the time of bonus and SLRP termination, she had served 132 days of her MILTECH position which was terminated on 7 February 2012. (5) Upon review of the case, the ARNG Incentives Oversight Branch determined that despite a denied exception to policy request in September 2017, the termination was never completed by the Defense Finance and Accounting Service as reflected in the Defense Joint Military Pay System. An Automatic Change Request was submitted and approved on 2 June 2021 to return the NPS contract to established vice terminated. (6) Based on the definition and MILTECH status of the applicant, it is recommended approval that both her NPS bonus and SLRP contracts be reinstated and processed for any further payments in accordance with the bonus addendums. (7) This opinion was coordinated with the ARNG Incentives Branch with concurrence on this recommendation. The ARARNG concurs with this recommendation. c. Technician Job Vacancy Announcement Number 11-266B which states "this position will backfill a mobilized Technician. It will be terminated upon the return of the incumbent of the position or when funds are no longer available. "Type of Appointment, Indefinite." d. Email Correspondence with the ARARNG Classification and Position Management official stating that the MILTECH position she accepted was for a temporary tenure only, there was no expectation from the organization or the employee selected to become a career permanent technician. e. Excerpt DODI 1205.21, paragraph 6.6 highlights the relief from termination for incentives covered by the DODI. Paragraph 6.6.3 addresses persons accepting MILTECH positions on a temporary assignment of less than 6 months would meet the requirement for relief from termination. f. DODI 1205.21 – Enclosure 2 highlights the temporary assignment as a MILTECH for a period less than 6 months with no further employment beyond that date. g. DODI 1205.21 – Enclosure 3 addresses the eligibility for the NPSEB and specifies the temporary assignment as a MILTECH as excluded. h. DODI 1205.21 – Enclosure 8 addresses continued eligibility for SLRP if a temporary assignment as a MILTECH for a period of 6 months or less. 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 evidence of record shows the applicant signed contracts for an NPSEB and the SLRP incentives on 21 October 2008. On 15 September 2011, she accepted a MilTech position with the ARARNG. a. Although her SF50 (Notification of Personnel Action) states the MilTech position was an indefinite status position, block 15 of the SF 50 states mobilization backfill. According to her agreement, termination without recoupment is required if the Soldier "Accepts a MilTech position and on the effective date of orders has served at least 6 months of the incentive contract term." It also calls for termination if the service member "Accepts a MilTech position." However, DODI 1205.21, paragraph 6.6.3 provides relief from termination to Soldiers accepting MILTECH positions on a temporary assignment as a MilTech. At the time of bonus and SLRP termination, she had served 132 days of her MilTech position which was terminated on 7 February 2012. b. Upon review of the case, the ARNG Incentives Oversight Branch determined that despite a denied exception to policy request in September 2017, the termination was never completed by the Defense Finance and Accounting Service as reflected in the Defense Joint Military Pay System. An Automatic Change Request was submitted and approved on 2 June 2021 to return the NPS contract to established vice terminated. Based on the definition and MilTech status of the applicant, The Board determined the applicant’s NPS bonus and SLRP contracts should be reinstated and processed for any further payments in accordance with the bonus addendums. ? 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 amendment of the ABCMR's decision in Docket Number AR20200007359 on 12 April 2021. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: * showing the applicant timely submitted an exception to policy to reinstate the Non-Prior Service Enlistment Bonus (NPSEB), and Student Loan Repayment Program (SLRP) incentive, both dated 21 October 2008 * showing the National Guard Bureau timely received and approved her exception to policy request * payment of the incentives in accordance with the NPSEB Addendum and SLRP Annex she signed on 21 October 2008 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. DODI 1205.21 (Reserve Component Incentive Program Procedures) provides guidance regarding the Reserve Component Incentive Program. It states in: a. Paragraph 6.6.3, persons who accept a MILTECH position on a temporary assignment of less than 6 months are relieved from termination. b. Paragraph 6.8, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date Unless granted relief, as covered in paragraph 6.6. c. Paragraph E2.1.23 states for this instruction, a MILTECH assignment is considered to be temporary when the assignment is for a period of less than 6 months and there is no expectation of continued employment as a MILTECH beyond that date. d. Paragraph E3.1.1.5 states eligibility for a NPSEB is met when the member is not enlisting to qualify for a MILTECH or Active Guard/Reserve (AGR) position where membership in a Reserve component is a condition of employment (temporary assignment as a MILTECH is excluded). e. Paragraph E8.1,4,3. states to qualify for the general education loan repayment program eligibility under this program continues unless or until a MILTECH or AGR position where membership in a Reserve component is a condition of employment (except for a temporary assignment as a MILTECH for a period of 6 months or less). 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs). Chapter 2 (Enlisted Incentives), Section I (NPSEB) states: a. Chapter 2-1 (General) – Under the provisions of Title 37, United States Code, section 308c, this incentive is offered to applicants who have not previously served in the armed forces who enlist in the Selected Reserve of an armed force for a period of not less than three years. The member must agree to serve in a critical military skill designated for such an incentive by the Secretary concerned and execute a written agreement to serve as an enlisted member in the Selected Reserve. Member must meet the eligibility criteria for enlistment as a Non-Prior Service applicant as prescribed by governing law, Department of Defense Instruction, Headquarters Department of the Army (HQDA), Army National Guard regulations or as outlined in the current fiscal year Select Reserve Incentive Program Policy. b. Chapter 2-4 (Military Entrance Processing Station (MEPS) processing) – The applicant must: (1) Fill a valid vacant position and not an excess, over-strength, or manually loaded vacancy as established in paragraph 1-9. (2) Process incentive at the MEPS per Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program). (3) Accept a NPSEB incentive that has been awarded through the Recruit Quota System. (4) Only be offered incentive if funding is available. (5) Have an incentive written agreement with a valid bonus control number on the addenda approved through the incentive management system. 3. Army Regulation 621-202 (Army Educational Incentives and Entitlements) paragraph 6-2 (Eligibility) states an eligible Soldier is one who executes NGB Form 600–7–5–R–E on the same date of the Service contractual agreements. Once a Soldier has executed an ARNG addendum to participate in the SLRP, the provisions of the ARNG addendum will remain in force until the earlier occurrence of one of the following: (a) Participation in the SLRP is terminated in accordance with this regulation. (b) The maximum SLRP benefit as appropriate has been paid. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004957 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1