IN THE CASE OF: BOARD DATE: 15 November 2023 DOCKET NUMBER: AR20230003808 APPLICANT REQUESTS: reversal of the National Guard Bureau (NGB) denial to reinstate the Student Loan Repayment Program (SLRP) incentive in the amount of $50,000.00. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training) * NGB Memorandum, Subject: Exception to Policy (ETP) Disapproval, SLRP Incentive for Specialist (SPC) D- C- (the applicant) FACTS: 1. The applicant states in effect, he signed a contract for Military Occupational Specialty (MOS) 09S (Officer Candidate); however, due to the Coronavirus (COVID-19) epidemic the start date for his Officer Candidate School (OCS) course was delayed 1- year. He requested to stay in the Army National Guard (ARNG) as an enlisted Soldier so he could obtain an MOS and begin his Army career. On his contract, he listed a backup MOS which he was waiting to be sent to school to become qualified, but the SLRP incentive was a major reason for enlisting. He requests an ETP and the reinstatement of the SLRP incentive in the amount of $50,000.00. 2. A review of the applicant's service record shows: a. The applicant enlisted in the ARNG on 17 September 2019. Prior to the applicant enlisting in the ARNG the NGB completed a pre-approval for SLRP and verified the applicant's seven loans in the amount of $19,125.00 that were not in default. b. NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum ARNG of the United States) states the addendum was completed by personnel accepting assignment to the ARNG with entitlement to the non-prior service 09S SLRP. The total amount of the repayment for qualifying loans will not exceed $50,000.00. The applicant understood he must complete Basic Officer Leadership Course (BOLC) within 24-months upon successful completion of OCS. Section IV – Suspension/Reinstatement states the SLRP incentive may be suspended, and no anniversary payments will be paid during the period of suspension if the service member: * fails to begin OCS within one year of enlistment * fails to obtain a bachelor's degree within 2-years of enlistment * fails to accept a commission as a Second Lieutenant (2LT) within 3-years of enlistment The 09S NPS SLRP incentive may be eligible for continued receipt if the Area of Concentration was changed due to unit transition, inactivation, relocation, reorganization or conversion. The service member may continue to receive the SLRP provided he met all other eligibility criteria and became MOS qualified within 24-months and was not separated from the Selective Reserve. Section VI – Termination states the SLRP incentive may be terminated with recoupment if he: * failed to earn a commission and was discharged from the ARNG * failed to accept a commission within 3-yers of enlistment in the ARNG * failed to complete BOLC within 2-years after completion of OCS * failing to complete or withdraw from OCS regardless of reason or the duty MOS was changed from 09S to an enlisted MOS c. On 9 January 2020, Orders Number 0013038, issued by the Military Entrance Processing Station, the applicant was ordered to active duty for training, effective 13 January 2020 for completion of Basic Combat Training (BCT) and shows his MOS was 09S. d. On 27 March 2020, the applicant completed BCT and was released from active duty. e. On 7 July 2021, Orders Number 46-1188-00233, issued by the Texas Military Forces ARNG, the applicant was ordered to Full Time National Guard Duty-Other Training Duty (FTNGD-OTD), effective 10 July 2021 to attend the Infantryman course. f. DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Infantryman course during the period of 11 through 31 July 2021. He met all the requirements for graduation from the 11B Qualification Course. 3. The applicant provides: a. DD Form 785 which shows the applicant completed BCT on 27 March 2020 as the COVID-19 epidemic was beginning to hinder military schools. The applicant could have entered the state traditional OCS class, but the training was delayed due to the epidemic. To meet the contractual obligation of entering OCS or get an MOS before his 24-months of service, he elected to attend the MOS qualification course for Infantryman (11B) and graduated on 31 July 2021. It was recommended the applicant attend any further training which he was qualified for and was deemed beneficial to his unit. He should be considered for OCS further in his career after meeting qualification requirement. b. NGB Memorandum, Subject: ETP Disapproval, SLRP Incentive for the applicant dated 19 October 2022 which stated his request for ETP was disapproved to retain the $50,000.00 SLRP incentive because he voluntarily dropped from OCS which violated section VI of the signed bonus addendum. The State Incentive Manager was directed to invalidate the incentive agreement as no monies had been disbursed. BOARD DISCUSSION: 1. 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 (NGB)- Personnel Programs, Resources and Manpower Division advisory opinion, the Board noted the advising official recommendation for disapproval. However, the Board notwithstanding the opine determined at no fault of the applicant during the middle of a pandemic, the applicant attempted in good faith to meet the contractual obligation of entering OCS within the allotted 24-month timeframe. The Board noted, the applicant elected to attend the MOS qualification course for Infantryman (11B) and graduated on 31 July 2021. 2. The Board found the applicant in his attempt to meet the necessary requirements but due to delays surrounding the COVID pandemic he did not meet the arranged MOS. The Board determined, based on the preponderance of evidence an exception to policy has merit. The Board granted relief to reverse the National Guard Bureau (NGB) denial to reinstate the applicant’s Student Loan Repayment Program (SLRP) incentive in the amount of $50,000.00. ? 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 records of the individual concerned be corrected to show reinstatement of the applicant’s Student Loan Repayment Program (SLRP) incentive in the amount of $50,000.00. 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): NA REFERENCE: Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA), the U.S. Army Reserve (USAR), and the Army National Guard (ARNG). a. Paragraph 9–18 (Enlistment Program 9L, U.S. Army Reserve Component Incentive Enlistment Program (non-prior Service Enlistment Bonus, prior service Enlistment Bonus, Montgomery GI Bill-SR Kicker, Loan Repayment Program)), this program is available to qualified NPS, PS, Glossary NPS, and ACASP applicants enlisting for the minimum term of enlistment, when authorized under the SRIP as described in chapter 10, this regulation or in AR 621–202 (Army Educational Incentives and Entitlements). The current year approved Selected Reserve Incentive Program will describe all approved Reserve Component incentives. b. Paragraph 10-3t (Termination of incentives), incentive eligibility will be stopped when any of the termination reasons as listed below apply and that member shall 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 his or her current statutory or contractual service commitment. Termination of eligibility to an incentive will occur, if a Soldier: * Becomes an unsatisfactory participant, termination date entered into the personnel data reporting systems must be the date the Soldier is declared an unsatisfactory participant * Is an enlisted Soldier attending high school at time of enlistment and does not become a secondary school graduate within the required time limit * Fails to become MOS qualified for which contracting * Accepts a permanent military technician or AGR position where membership in the SELRES is a condition of employment and have served less than six months of the incentive contract term (temporary assignment as a military technician for a period of less than six months is excluded) * Voluntarily moves to a non-bonus unit or MOS * Exceeds the maximum authorized period of non-availability * Fails to extend the contracted term of service for an authorized period of non- availability * Separates from a SELRES unit or the Individual Ready Reserve (IRR) of the USAR or ARNGUS for any reason. Separation includes, but is not limited to: * Discharge, or transfer to the IRR, Inactive National Guard, Standby, or Retired Reserve * Enlistment or appointment in the Active Army or in an Active or RC of another U.S. Armed * Voluntary entry or ordered to extended active duty in the Active Army * Has received the maximum benefit authorized //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003808 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1