IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20130006921 


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 that he retain the Student Loan Repayment Program (SLRP) incentive he was offered at the time of his enlistment on 12 December 2011.

2.  The applicant states his recruiter informed him that since his last enlistment, ending in 2005, the Army had reconfigured the military occupational specialty (MOS) matrix and the 31 series (Communication) had been converted to the 
25 series.  He was told his old MOS 31C (Radio Operator-Maintainer) had been converted to 25U (Signal Support System Specialist).  He was then enlisted  based on an opening in MOS 25U with the entitlement to both a bonus and the SLRP.  After serving more than 3 months he received a call informing him the recruiter made a mistake on the MOS conversion matrix and he was not afforded the benefits that he contracted for.  He appealed through his state to the National Guard Bureau (NGB).  Ironically, the request for an exception to policy (ETP) for the bonus was approved but the ETP for the SLRP was denied.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 12 December 2011
* Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, dated 12 December 2011
* Annex L to DD Form 4 (Student Loan Repayment Program Addendum, Army National Guard of the United States), dated 12 December 2011
* Annex X to DD Form 4 (Prior Service Critical Paragraph/Line Number MOS Enlistment Bonus, Decentralized State Incentive Pilot Program Addendum, Army National Guard of the United States), dated 
12 December 2011
* two DA Forms 1059 (Service School Academic Evaluation Report)
* a Certificate of Completion from the Signal Company, 218th Regiment, South Carolina Regional Training Institute
* his statement, dated 21 September 2012
* a statement from his unit commander, dated 21 September 2012
* a memorandum, dated 9 October 2012, from Recruiting and Retention Battalion, North Carolina Army National Guard (NCARNG), Raleigh, NC
* a memorandum, dated 18 October 2012, from the Department of Public Safety, Joint Force Headquarters, NCARNG
* two memoranda, dated 12 March and 1 April 2013, from NGB

CONSIDERATION OF EVIDENCE:

1.  The applicant had the following previous periods of service and military occupational specialty (MOS):

* 21 February 1989 - 2 January 1992 - Regular Army - MOS 31C (Single Channel Radio Operator)
* 3 January 1992 - 15 March 1993 - NCARNG - MOS 31C
* 26 April 2001 - 25 April 2005 - NCARNG - MOS 31C (Radio Operator-Maintainer)

2.  On 12 December 2011, he enlisted in the NCARNG for a period of 6 years.  

3.  His Enlistment/Reenlistment Agreement shows he enlisted for assignment to Headquarters and Headquarters Company, 630th Combat Sustainment Support Battalion for training in MOS 25U.

4.  Section III - Acknowledgment of Annex L of his DD Form 4 indicates he acknowledged under additional instructions for prior service or current ARNG service members, he was duty MOS qualified (DMOSQ) for the position that he was enlisting/reenlisting/extending for.

5.  Paragraph 9, Section II - Eligibility of Annex X of his DD Form 4 indicates he enlisted for prior service critical paragraph 106/line number 05/MOS 25U incentive.  This paragraph and line number was authorized by Headquarters, Department of the Army for a bonus entitlement of $2,500.00.

6.  The DA Forms 1059, dated 19 May and 9 June 2012, show he completed Phase 1 and 2 of the Signal Support System Specialist course.  Item 5 (Specialty/MOSC) of the form shows his MOS as 25C (Radio Operator Maintainer).  He was awarded MOS 25U effective 9 June 2012.

7.  The memorandum, dated 21 September 2012, from his unit commander states the applicant was assigned to paragraph/line number 106/04 as a qualified 25U.  The applicant was DMOSQ as of 9 June 2012.

8.  On 9 October 2012, the NCARNG State Incentive Manager requested an ETP so the applicant could keep his SLRP and his prior service enlistment bonus.  He was enlisted as MOS 25U and was offered these incentives.  He was later informed that his prior MOS of 31C didn't convert to MOS 25U thereby making him ineligible for the SLRP.  This error was due to no fault of the Soldier.  He has since become MOS qualified as a 25U.  An ETP was also requested due an administrative error.  The witnessing official did not provide a printed name, signature, or date on the Selected Reserve Incentive Policy (SRIP) addendum or the SLRP addendum.

9.  On 12 March 2013, the NGB denied the ETP for the SLRP.  

* the applicant was not DMOSQ for the contracted incentive which violates Army National Guard Selected Reserve Incentives Program for Fiscal Year 2011
* the incentive addendum contained administrative issues 

10.  On 1 April 2013, the NGB approved the ETP for the applicant's critical skill bonus option.

11.  NGB Memorandum, dated 25 July 2011, subject: Army National Guard Selected Reserve Incentives Program for Fiscal Year 2011, provides policy to those entering or serving in a traditional status in the ARNG effected 1 August 2011.  

	a.  Paragraph 11a lists specific criteria, in addition to the SRIP general requirements, for the prior service enlistment bonus.  Among the criteria is the requirement for non-DMOSQ Soldiers to become DMOSQ in their authorized critical skill within 24 months of enlistment date to remain eligible for the bonus.

	b.  Paragraph 17a lists specific criteria, in addition to the SRIP general requirements, for the SLRP.  Among the criteria listed is the requirement for prior service applicants and current ARNG members to be DMOSQ at the time of enlistment, reenlistment, or extension.

DISCUSSION AND CONCLUSIONS:

1.  The Army National Guard Selected Reserve Incentives Program for Fiscal Year 2011 clearly states that an applicant must be DMOSQ at the time of enlistment to be eligible for the SLRP.  The applicant acknowledged this requirement in Annex L of his DD Form 4.  However, he did not become DMOSQ for MOS 25U until 9 June 2012, over 5 months after he enlisted.  Therefore, there is an insufficient basis to provide relief in this case. 

2.  He raised the question as to how his bonus was approved and not his SLRP when both incentives were contracted for at the same time.  The requirements for both incentives are not the same.  The bonus requires he become DMOSQ within 24 months of enlistment date to remain eligible for the bonus, which he was.  However, the SLRP required he be DMOSQ at the time of enlistment, which he was not.  Therefore, the approval of the ETP for bonus does not justify the approval of the SLRP.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20130006921



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ABCMR Record of Proceedings (cont)                                         AR20130006921



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