BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20120022247 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show he is authorized a $50,000.00 non-prior service (NPS) Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states:

* his SLRP incentive was denied by the National Guard Bureau (NGB)
* he enlisted as an NPS member because according to his recruiter prior service (PS) meant that he served a minimum of 180 days of "active military service," which he did not have
* it was his recruiter who instructed him to enlist as NPS
* had the relevant facts been known and the appropriate regulations followed, he would have enlisted as "Glossary Prior Service (GPS)"
* enlisting as GPS he would have qualified for the same benefits as enlisting as NPS

3.  The applicant provides:

* NGB Memorandum, dated 25 January 2011
* Indiana Joint Forces Headquarters (HQ) National Guard Memorandum, dated 15 November 2010
* HQ, 76th Infantry Brigade Combat Team, dated 11 November 2010
* HQ, 76th Infantry Brigade Combat Team, dated 10 November 2010
* DA Form 2823 (Sworn Statement), dated 3 November 2010

CONSIDERATION OF EVIDENCE:

1.  With prior service in the United States Air Force Reserve, the applicant enlisted in the Indiana Army National Guard (INARNG) on 18 May 2009.  

2.  His Enlistment/Reenlistment Agreement shows he was enlisting under the "S" (Standard Training) program for 15T UH-60 (Helicopter Repairer) military occupational specialty (MOS) training.

3.  At the time of his enlistment, the applicant completed an NGB Form                 600-7-5-R-E (Annex L to DD Form 4, SLRP Addendum ARNG of the United States).  On his NGB Form 600-7-5-R-E he completed that portion stating he was an NPS applicant with disbursed loans existing in the amount of $22,000.00.  He acknowledged he understood the total amount of repayment for qualifying loan(s) would not exceed $50,000.00.

4.  On 11 May 2010, Orders 131-132 were published awarding the applicant MOS 15T1O, effective 1 April 2010.

5.  On 10 November 2010, the applicant's company and brigade commanders submitted memoranda to the commanding general requesting that he be retained in the INARNG and that his enlistment incentives be processed.  The commanding general approved the requests and directed that the applicant's enlistment incentives be processed accordingly.

6.  On 25 January 2011, the NGB notified the INARNG State Incentive Manager that his Request for Exception to Policy to allow the applicant to retain the SLRP incentive was denied.  The NGB official stated that in accordance with Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007 through 30 September 2009 (Policy Number 07-06), the applicant:

* enlisted in the INARNG on 18 May 2009 and was not duty MOS qualified (MOSQ) in the skill 15T
* executed the NPS SLRP Addendum and enlisted as not having any prior military service
* previously served in the United States Air Force Reserve from 23 April 1994 until 22 April 1995
* having had prior military service, must be MOSQ for the position for which enlisting or extending


7.  An advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff, G-1.  The Incentives and Budget Branch, Enlisted Accessions Division recommended full relief in this case and stated the following:

* Although the applicant had prior Air Force service, he could be identified as GNPS
* GNPS is defined as applicants previously separated from any component of the Armed Forces with fewer than 180 days on active duty
* The individual could not have been awarded an MOS
* The applicant's record shows he had less than 180 days of active duty and nothing identifying him as having received an MOS from the Air Force
* When an individual previously in the military attempts to enlist into one of the Army's three components, the DD Form 214 is used to verify whether or not an MOS had been awarded by the losing service
* If an MOS was awarded and the individual wants to join an Army component, a determination must be made as to whether the MOS converts to an Army MOS
* If the MOS converts to an Army MOS and an incentive is available to the enlistee based on being MOS qualified, the incentive will be made available
* If an individual is GNPS, he is considered NPS for enlistment purposes
* There is nothing in the U.S. Code or DoD or Army policy/regulation prohibiting a GNPS from receiving an enlistment incentive
* ARNG Policy Number 07-06 does

8.  A copy of the advisory opinion was forwarded to the applicant on 
25 September 2013.  He concurred with the advisory opinion on 27 September 2013.

9.  ARNG SRIP Guidance for FY 2007, 2008, and 2009, 10 August 2007 through 30 September 2009 (Policy Number 07-06) establishes policy to administer ARNG incentives effective 1 March 2009.  This policy, updated 17 February 2008, states that commanders at all levels are required to ensure that this policy is managed effectively in order to preclude any occurrences of fraud, abuse, or mismanagement.  It states the ARNG offers an SLRP to PS/Accession Bonus (AB)/Reenlistment Extension Bonus (REB) Soldiers as an accession or retention incentive.  It may be offered in addition to any PS/AB/REB incentive.  It states the total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15 percent or $500.00 per year, whichever is greater.  PS, AB, and REB Solders must be MOSQ for the position for which enlisting or extending.


10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies and procedures for enlistment and processing of persons into the Regular Army, Army Reserve, and Army National Guard.  It states that Glossary Non-Prior Service (GNPS) pertains to applicants previously separated from any Component of the Armed Forces with fewer than 180 days on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  A review of official Army references fails to show that the term "GPS" exists in relation to military personnel.  GNPS pertains to those individuals who previously served in any component of the Armed Forces and served fewer than 180 days of active duty but were never awarded an MOS.  

3.  The available evidence shows that at the time of his enlistment in the INARNG he was a GNPS enlistee.  In accordance with the advisory opinion, he could be identified as GNPS.  GNPS is defined as applicants previously separated from any component of the Armed Forces with fewer than 180 days on active duty.  The applicant could not have been awarded an MOS.  The applicant's record shows he had less than 180 days of active duty and there is nothing identifying him as having received an MOS from the Air Force.

4.  There is sufficient evidence to show he met the criteria to qualify for up to a $50,000.00 GNPS SLRP incentive.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

___x_____  __x______  _x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by showing he was qualified to receive a GNPS SLRP benefit of up to $50,000.00 as indicated on his NGB Form 600-7-5-R-E and by paying him that benefit out of Army National Guard funds accordingly.




      _______ _   x_______   ___
       	   CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20120022247





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ABCMR Record of Proceedings (cont)                                         AR20120022247



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