IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220005007 APPLICANT REQUESTS: in effect, an exception to policy (ETP) to receive her student loan repayment program (SLRP) payments with a contract in the Army National Guard effective date of 28 March 2019. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * Oath of Extension in the Army National Guard (ARNG) * Reenlistment/Extension Addendum (Annex R) FACTS: 1. The applicant states she requests that the Student Loan Repayment incentive be recognized with a contract start date of 20190328. She signed a 6 year extension in good faith with the expectation that he would be eligible to receive both the $20,000 re- enlistment bonus and $50,000 SLRP. The Fiscal Year 2019 SRIP (Selected Reserve Incentive Program) policy allowed for stacked incentives. She only received payment one of a 50/50 Re-enlistment Bonus (REB) and no loan payments to date. System errors/issues that she is being told were responsible for her not being presented with an addendum to sign for LRP, are beyond her control. She has engaged every level of her chain of command seeking resolution; however, has had no success in getting 3 years of loans paid to this point. It is disheartening to see other Soldiers receive benefits that she too, is eligible for. She joined the military after college because she had full faith in the LRP program and trusted that her satisfactory performance as a Soldier would assist her in satisfying education related debt. 2. The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) for 6 years on 28 March 2012. She completed active duty for training and was awarded military occupational Specialty 92F, Petroleum Supply Specialist. 3. On 19 September 2014, she interstate transferred to the Delaware Army National Guard (DEARNG) where she currently serves as Paralegal Sergeant in the 261st Signal Brigade. 4. On 26 March 2018, Soldier executed a 1-year extension to her enlistment contract. 5. On 3 March 2019, she followed by another 6-year extension. In conjunction with her 6-year extension, she signed a $20,000 Reenlistment/Extension Bonus (REB) addendum with an effective date of 11 April 2019. She indicated: * she is reenlistment/extending as a current Soldier that is Duty MOS Qualified (DMOSQ) in her MOS; she is reenlistment/extending in MOS 71D, Legal Specialist for which she is already currently MOSQ in for 6 years * she is reenlisting/extending for the 6-Year Duty MOS Qualified (DMOSQ) REB and will receive a total amount of $20,000. * her incentive will be processed in two installments. The first 50% payment will be processed the day after her current ETS upon verification of my MOS and unit of assignment qualification in GIMS, and the second 50% payment will be processed on the fourth year anniversary of her contract start date provided installment 1 was previously processed. 6. On 17 February 2023, the NGB provided an advisory opinion in the processing this case. An NGB Advisory Official recommended partial approval and stated: a. Soldier reports she signed a six-year extension and became eligible for a $20,000 reenlistment bonus (REB) in conjunction with a $50,000 SLRP incentive in accordance with (IAW) Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Policy for Fiscal Year (FY) 2019. Yet, she reports having received only half of her REB with no loan payment to date. Soldier explains that the non-processing of her SLRP is due to system errors at the time of her contract which prevented the creation and signature of a proper SLRP addendum. Nevertheless, Soldier opines that this situation is due to no fault of her own and that she should receive her due incentive as she signed her reenlistment contract in good faith. b. Soldier enlisted in the Pennsylvania Army National Guard on 28 March 2012 for a six-year enlistment contract. On 19 September 2014, she interstate transferred to the Delaware Army National Guard (DEARNG) where she currently serves as Paralegal Sergeant in the 261st Signal Brigade. On 26 March 2018, Soldier completed a one-year extension to her enlistment contract followed by another six-year extension on 3 March 2019. In conjunction with her six-year extension, Soldier signed a $20,000 REB addendum with an effective date of 11 April 2019. At the time of her extension, it appears Soldier was also eligible for a $50,000 SLRP incentive as authorized by FY19 SRIP. However, due to the Guard Incentives Management System (GIMS) malfunctioning at the time, a SLRP contract was not generated and therefore not recorded in the system. As a result, Soldier’s GIMS profile currently only reflects REB contract number (BCN) [Number] with half of payment executed and the other half pending entitlement date for processing. c. Pursuant to 10 USC § 16301, Para (a)(2) The Secretary of Defense may repay loans described in paragraph (1) in the case of any person for service performed as a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty specified by the Secretary of Defense. The Secretary may repay such a loan only if the person to whom the loan was made performed such service after the loan was made. Furthermore, IAW ARNG FY19 SRIP Policy, Enclosure 4, Para 14(b), SLRP is authorized to Non-Prior Service, Prior Service, and Current ARNG members IAW Enclosure 6 (ARNG FY19 SRIP Matrix). Nevertheless, individual must have eligible federally backed disbursed loans IAW Title 10 U.S.C Subsection 16301 at time of contracting. Additionally, Para 14(a) stipulates that eligible loans, in default status at time of contracting are not eligible for repayment during the contracted term. d. ARNG FY19 SRIP Matrix authorizes the combination of $20,000 REB with the Montgomery GI Bill kicker or SLRP for a 6-year term of service. At the time of her contract, Soldier elected for SLRP in combination with her REB addendum dated 11 April 2019. Due to the lack of records, it is unknown whether Soldier had eligible loans at time of contracting. In fact, such loans would have required a review to validate a remaining balance and to ensure they were not in default status at time of contracting. Yet, while it is true that there was no addendum signed authorizing Soldier for her SLRP benefit, the fact remains that this incentive is permitted under the policy which the enlistment contract was signed. Soldier’s records indicate that she received a Bachelor of Arts from Temple University on 12 May 2011. e. This office contacted DEARNG to further inquire about this matter. The State provided a memorandum confirming that Soldier is indeed due for a $50,000 SLRP incentive as part of her six-year extension contract dated 3 March 2019. In a separate memorandum, the then Readiness Noncommissioned Officer for Joint Force Headquarters, attested that he had multiple conversations with Soldier and confirmed her eligibility for concurrent REB and SLRP incentives. However, he noted that due to the NGB server down at the time due to some damage, the online submission of the SLRP request could not be completed. Ultimately, the State believes that it would be unjust for Soldier to be deprived from her incentive due to no fault of her own. f. Similarly, the ARNG Incentives Management Branch also considers that Soldier is eligible for the SLRP IAW ARNG FY19 SRIP and should therefore be approved for this incentive provided that disbursed loans prior to contracting were not in a default status. In addition to emphasizing Soldier’s payment eligibility for loans incurred following contract date, the ARNG Incentives Branch also commented that Soldier’s SLRP entitlement for her loans prior to contract date should be limited to the current value of said loans today. g. While it is true that GIMS malfunction was the root cause of Soldier’s SLRP contract incompletion, it also appears that this incident results from an administrative oversight at her unit level. As such, it is this office belief that Soldier’s ETP request should be approved for the SLRP contract date of 28 March 2019. However, the Soldier’s loans must meet eligibility criteria as outlined above to receive SLRP payments. This opinion was coordinated with the DEARNG and the ARNG Incentives Management Branch. 7. The applicant was provided with a copy of this advisory opinion. She 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant executed a 6-year extension on 3 March 2019 in the ARNG. With that, she also signed a $20,000 REB addendum with an effective date of 11 April 2019. At the time of her extension, she was also eligible for a $50,000 SLRP incentive as authorized by FY19 SRIP. However, due to the GIMS malfunctioning/server technical issues at the time, a SLRP contract was not generated and therefore not recorded in the system. As a result, her GIMS profile currently only reflects REB. The evidence further shows the State ARNG confirmed her eligibility for concurrent REB and SLRP incentives. The Board agreed that it would be unjust for the applicant to be deprived from her incentive due to no fault of her own. Therefore, as a matter of justice, the Board determined relief is warranted provided that her loans meet eligibility criteria (disbursed loans prior to contracting were not in a default status and loans prior to contract date should be limited to the current value of said loans today). ? 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 and Army National Guard records of the individual concerned be corrected by: * showing the applicant and State ARNG enlistment officials executed a Student Loan Repayment (SLRP) Addendum, up to $50,000 in connection with the applicant’s enlistment/extension on 3 March 2019 * showing she timely submitted an exception to policy to the National Guard Bureau (NGB) for payment of eligible loans according to her SLRP Addendum * showing the NGB approved and authorized payment of her eligible loans as a result of this correction 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. Title 10, U.S. Code, section 16301, Para (a)(2), states the Secretary of Defense may repay loans described in paragraph (1) in the case of any person for service performed as a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty specified by the Secretary of Defense. The Secretary may repay such a loan only if the person to whom the loan was made performed such service after the loan was made. 2. Fiscal Year 2019, Army National Guard Selected Reserve Incentives Program (SROP) Policy indicates the Student Loan Repayment Program is authorized to Non- Prior Service, Prior Service, and Current ARNG members IAW Enclosure 6 (ARNG FY19 SRIP Matrix). Members must have eligible federally backed disbursed loans in accordance with IAW Title 10 U. S. Code, Subsection 16301 at time of contracting. Additionally, Para 14(a) stipulates that eligible loans, in default status at time of contracting are not eligible for repayment during the contracted term. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005007 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1