IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011263 


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, to retain his eligibility for payment of his student loans as part of his enlistment in the Utah Army National Guard (UTARNG) under the Student Loan Repayment Program (SLRP).

2.  The applicant states he is qualified to retain his eligibility for the SLRP because he was hired as a military technician (Mil Tech) after the effective date of Education and Incentives Operational Message (EIOM) NGB-EDU-09-001, dated 29 October 2008.

3.  The applicant provides:

* a statement of declaration
* 3 memoranda
* Annex L to DD Form 4 (Enlistment/Reenlistment Document),              SLRP Addendum
* Standard Form 50

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the UTARNG on 2 December 2008.  As part of his enlistment he completed a SLRP addendum stating he had one loan in the amount of $45,654.00.  The total amount of repayment for the qualifying loan would not exceed $20,000.00.

2.  Section V (Termination Without Recoupment) of the addendum states he  understood that his SLRP eligibility would be terminated if he accepted a Mil Tech position. 

3.  On 21 December 2009, he accepted a position as a Mil Tech with the UTARNG's Aviation Support Facility.

4.  On 6 October 2011, his commander requested an exception to policy (ETP) on his behalf so he could be paid the remaining $17,000.00 of his SLRP.  His commander stated based on EIOM NGB-EDU-09-001, dated 29 October 2008, the applicant qualified to keep his SLRP benefits because he was hired as a Mil Tech after the effective date of the message.

5.  Evidence shows the applicant served in Afghanistan for the period 9 April 2012 through 5 December 2012.

6.  His record contains a memorandum from the Deputy G1, ARNG, dated        17 December 2012, denying the applicant's request for ETP to retain the $20,000.00 SLRP incentive.  The State Incentive Manager was instructed to terminate the incentive without recoupment.  The applicant was instructed to file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still exists.

7.  During the processing of this case, on 16 October 2013, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The advisory official opined:

   a.  The applicant was eligible for the SLRP at the time of his enlistment on            2 December 2008.  The applicant had $47,854.00 in eligible loans with an annual entitlement of $3,000.00.  A payment of $3,000.00 was made to the applicant on 15 January 2010.

   b.  The applicant became a Mil Tech on 21 December 2009, before reaching his second anniversary date.  In accordance with Department of Defense Instruction 1205.21, enclosure 8.1.4.3, "continued eligibility for an incentive is terminated if a service member accepts a Mil Tech or Active Guard Reserve (AGR) position where membership in a Reserve component is a condition for employment (except for temporary assignment as a Mil Tech for a period of six months or less."

   c.  On 18 April 2012, UTARNG submitted an ETP on behalf of the applicant to the Oversight Branch at the NGB.  The ETP was denied with a determination to terminate the incentive without recoupment on 17 December 2012.  This decision is supported by the SLRP addendum signed by the Soldier, which states in Section V, "I understand that my SLRP eligibility will be terminated if I accept a Mil Tech position or Title 10 or Title 32 AGR tour."

   d.  The EIOMs that the applicant references only applied to bonus incentives and not SLRP.  The Department of the Army (DA) published guidance on                   14 September 2012, which the ARNG subsequently implemented in EIOM       13-003 Disposition of SLRP contracts for Select AGR and Mil Tech Personnel on   14 March 2013.  In accordance with DA guidance and EIOM 13-003, a Soldier who contracted for SLRP and accepted an AGR or Mil Tech position between     9 October 2008 and 3 November 2010 is eligible for ETP consideration as stipulated in Army Regulation 601-210 (Active and Reserve Components Enlistment Program).

   e.  At the time the applicant became a full-time Mil Tech, ARNG policy regarding his eligibility in the SLRP was not clearly defined.  The advisory official recommended the ABCMR approve the applicant's request to allow him to retain his eligibility for the SLRP; terminate recoupment of funds; and reimburse the applicant funds, if any, previously recouped.

   f.  The State concurred with this recommendation.

8.  On 17 October 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain his eligibility for payment of his student loans as part of his enlistment in the UTARNG under the SLRP has been carefully examined and found to have merit.

2.  The available evidence indicates the applicant had qualifying student loans that were approved for the SLRP incentive.  Evidence further indicates that he received a SLRP payment in the amount of $3,000.00 in January 2010.  The applicant became a Mil Tech on 21 December 2009, in apparent violation of the enlistment addendum which authorized him the SLRP incentive; however, at the time the applicant became a Mil Tech, ARNG policy regarding eligibility in the SLRP was not clearly defined as evidenced from the EIOM's of the time.  

3.  It is very reasonable to presume the applicant would not have accepted a Mil Tech position had he not been certain the referenced EIOMs supported his continued receipt of the SLRP incentive.  
4.  Based on the foregoing, the applicant is entitled to the requested relief.

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, National Guard, and State records of the individual concerned be corrected by allowing him to retain his eligibility for the SLRP; terminate any recoupment of funds; and reimburse the applicant funds, if any, previously recouped from ARNG funds.
 



      _______ _  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)                                         AR20130011263





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ABCMR Record of Proceedings (cont)                                         AR20130011263



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