BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20130010437 


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 correction of her records to show she retained her Student Loan Repayment Program (SLRP) incentive and not to be held accountable for the $9,000.00 overpayment due to the information the National Guard Bureau (NGB) sent out.

2.  The applicant states she agreed to extend for 6 years on 16 September 2006 for a $20,000.00 SLRP.  She accepted an Army National Guard (ARNG) Active Guard Reserve (AGR) position on 29 September 2008 and was originally told that her SLRP was discontinued because of this.  She contacted the Alabama State Incentives Manager and he informed her that NGB memorandum, 
NGB-EDU-09-058, dated 14 September 2009, subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Military Technician Position, allows service members to keep the SLRP for the initial or extended period.

3.  The applicant provides:

* Annex S (SLRP Addendum – ARNG of the United States) to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 July 2006
* memorandum from NGB, dated 12 February 2013, subject:  Request for Exception to Policy (ETP) for SRIP (Applicant)
* memorandum from Joint Force Headquarters, Alabama National Guard, dated 14 May 2013, subject:  Notification of Incentive Eligibility Termination
* letter from Joint Force Headquarters Alabama National Guard, dated 14 May 2013

CONSIDERATION OF EVIDENCE:

1.  On 23 December 1996, she enlisted in the Alabama ARNG for 8 years.  She extended her enlistment on 16 September 2000 for 3 years, 8 months, and 23 days.

2.  On 16 July 2006, she further extended her enlistment for 6 years and signed Annex S for the SLRP.  In paragraph 6 of Section V (Termination), she indicated she understood that her SLRP eligibility would be terminated if she accepted a Title 10 or Title 32 AGR tour.

3.  There are no orders in her Army Military Human Resource Record (AMHRR) ordering her to an AGR tour or the authority under which they were issued.  However, she stated she accepted an AGR tour on 29 September 2008.  The following documents in her AMHRR support her statement and indicate this AGR tour was ordered under Title 32:

* her ARNG Current Annual Statement prepared on 3 January 2013
* her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 29 September 2008 to 19 August 2012

4.  On 12 February 2013, NGB denied an ETP for the applicant to retain her SLRP.  The State Incentives Manager was directed to terminate the incentive with recoupment for payments received for the term of service while the applicant was serving in the AGR position.  The applicant accepted an AGR position on 28 September 2008, violating ARNG SRIP 06-06, and received erroneous payments totaling $9,000.00 from Fiscal Years 2009-2011.

5.  A letter from the Alabama ARNG, dated 14 May 2013, notified the applicant that her incentive contract required termination and that recoupment in the amount of $9,000.00 was required.

6.  ARNG SRIP 06-06 established policy to administer ARNG incentives for the period 26 May-31 December 2006.

	a.  Paragraph 5 stated if entitlement to an incentive was 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.

	b.  Paragraph 6 stated that recoupment was not required when an incentive was terminated if an AGR position was accepted and the member had served at least 6 months of the incentive contract following receipt of the initial incentive payment.

7.  NGB memorandum, NGB-EDU-09-001, dated 29 October 2008, subject:  Change to AGR and Military Termination and Recoupment Rules, paragraph 2, stated the effective date of the change was 9 October 2008.  An ETP was specifically granted so that a Soldier's incentive would not be recouped if the Soldier transfers to a full-time AGR position.  Paragraph 5 stated that any Soldier who had his or her incentive terminated as a result of accepting an AGR position between 9 October 2008 and the date of the memorandum could seek relief from that termination action.

8.  NGB memorandum, NGB-EDU-09-058, dated 14 September 2009, subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Military Technician Position, clarified the provisions provided for in NGB memorandum, NGB-EDU-09-001.  Soldiers ordered to active duty in the State (Title 32) AGR Program would be entitled to SLRP payments as long as they remained serving under their initial contract and/or agreement for which SLRP was awarded "pending service member has received first anniversary payment and has remained in good standing."  However, the effective date, 9 October 2008, provided in NGB memorandum, NGB-EDU-09-001, was not changed.

DISCUSSION AND CONCLUSIONS:

1.  According to ARNG SRIP 06-06, the applicant's eligibility for SLRP terminated upon her acceptance of an AGR position.  She acknowledged this provision of her SLRP contract when she signed Annex S on 26 July 2006.  Any payments she received after her acceptance of the AGR position were erroneous and are required to be recouped.

2.  The rule revision provided in NGB memorandum NGB-EDU-09-001, and clarified by NGB memorandum NGB-EDU-09-058, stated that those accepting an AGR position under Title 32 between 9 and 29 October 2008 were entitled to SLRP payments as long as they remained serving under their initial contract for which SLRP was awarded.  However, the applicant accepted her AGR position under Title 32 on 28 September 2008.  Therefore, the provisions of NGB memorandum NGB-EDU-09-001 and NGB memorandum NGB-EDU-09-058 do not apply in her case.

3.  In view of the above, there is an insufficient basis to grant relief in this case.

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 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)                                         AR20130010437



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010437



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1