BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130015396 


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 repayment of the student loans as listed in his NGB Student Loan Repayment Program (SLRP) Addendum.

2.  The applicant states:

	a.  He signed a reenlistment contract with the Montana Army National Guard (MTARNG) in April 2010 so he could have his student loans paid off under the SLRP.

	b.  He recently received notice that he was not duty military occupational specialty (DMOS) qualified at the time of his reenlistment and not eligible for the SLRP incentive.

	c.  At the time of his reenlistment he was advanced individual training (AIT) qualified for MOS 15T (UH-60 Helicopter Repairer) that became a feeder MOS for 15V (Observation/Scout Helicopter Repairer).  At the time the 15V school was a separate 4-week course, not AIT.  This course was scheduled out for 2 years and was only available twice a year.  He spoke with his recruiting sergeant and the incentives manager, Chief Warrant Officer Three (CW3) C____.  They discussed this and agreed he qualified for the SLRP incentive offered by the ARNG.

	d.  During this time he has continued to uphold his end of this agreement by being an active participant in the ARNG and performing to standard.

3.  The applicant provides:

* an undated NGB Form 600-7-5-R-E (Annex L  to DD Form 4 (Student Loan Repayment Program Addendum – ARNG of the United States))
* NGB memorandum, subject:  Request for Exception to Policy (ETP) for SLRP, dated 20 June 2013
* Joint Force Headquarters – Montana memorandum, subject:  Notification of Incentive Eligibility, dated 8 August 2012
* MTARNG, Recruiting and Retention Battalion memorandum, subject:  (Applicant's) SLRP Contact, dated 14 August 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant, an MTARNG private first class (PFC)/E-3, was awarded
MOS 15T effective 8 May 2009.

2.  His complete DD Form 4 (Enlistment Contract) is not available for review; however, an undated NGB Form 600-7-5-R-E shows in:

	a.  Section II (Eligibility):

		(1)  Paragraph 2 the entry "I am a Prior Service applicant Enlisting or current member Reenlisting in a MTOE AVCRAD/RTI/SF or Medical TDA unit ____ (UIC).  I am DMOS qualified for the position and enlisting/reenlisting/
extending for a term of service of not less than 6 years in the ARNG of the United States.  (applicant's initials).

		(2)  Paragraph 2c, "I have two disbursed loans existing in the amount of $5,417.00.  The total amount of repayment for qualifying loans will not exceed $50,000.00.

	b.  Section VII (Authentication) the applicant signed, but did not date the form.

	c.  Section VIII (Certification by Service Representative) the Service Representative (a staff sergeant (SSG)) and a witnessing officer (a master sergeant (MSG)) both signed, but did not date the form.  The form includes the required SLRP Bonus Control Number.

3.  A 16 December 2011, DA Form 1059 (Service School Academic Evaluation Report) shows his MOS as 15V.

4.  He completed a DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract) on 1 February 2012.

5.  A 20 June 2013 NGB memorandum states an ETP for the applicant to retain the $50,000 SLRP was denied.  The State Incentive Manager was instructed to terminate the incentive with recoupment.  The memorandum further states:

	a.  The applicant was not DMOS qualified for the contracted incentive.

	b.  The incentive addendum is also missing the signature dates for the applicant, service representative, and witnessing official.

	c.  The applicant's contract/agreement details:

		(1)  Date of agreement/enlistment:  10 April 2010

		(2)  Contracted MOS:  15V

		(3)  Date DMOS Qualified:  9 July 2010

6.  An 8 August 2013 Joint Force Headquarters – Montana, memorandum notified the applicant that his reenlistment SLRP contract would be terminated with recoupment effective 10 April 2010.  The estimated recoupment amount is shown as $2,454.59 and the reason for the recoupment is shown as "Non-DMOS Qualified at time of reenlistment."

7.  In a 14 August 2013 MTARNG Recruiting and Retention Battalion memorandum, the Marketing noncommissioned officer (NCO) adresses the discrepancies in the applicant's SLRP repayment contract.  In the memorandum the NCO states that at the time of the applicant's reenlistment he was a qualified 15T.  At the time the 15V school was a 4-week course, not AIT.  The 15V course is scheduled out for 2 years that was only offered twice a year.  He and the applicant spoke with the Incentive Manager and completed the contract as the applicant was a qualified 15T which is the feeder for MOS 15V.  The applicant did everything on his end of the agreement to receive the SLRP.  They spoke with CW3 C____ discussing that the 15V MOS is an additional training requirement rather than an MOS-producing school.  The applicant was willing and able to go to the 15V course as soon as possible but he was kept in a waiting status and never enrolled.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's complete reenlistment contract is not available for review, but he initialed and signed the SLRP addendum to his reenlistment contract indicating he was DMOS qualified for the position for which he was reenlisting.

2.  In his statement the applicant states he had been qualified at an AIT for MOS 15T.

3.  The memorandum denying the ETP indicates he contracted on 10 April 2010 for MOS 15V.

4.  There is no available evidence showing the applicant was qualified in MOS 15V when he signed the reenlistment contract.

5.  The applicant has not provided any evidence showing an error or injustice occurred.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120009599



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ABCMR Record of Proceedings (cont)                                         AR20130015396



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