BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130015423 


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 record to show:

	a.  qualification for military occupational specialty (MOS) 31D (Mobile Subscriber Equipment Transmission System Operator), which he received while serving in the Michigan Army National Guard (MIARNG), qualified him for MOS 25Q (Multichannel Transmission Systems Operator-Maintainer), the MOS he enlisted for when he joined the South Carolina ARNG (SCARNG); and

	b.  an exception to policy (ETP) was authorized allowing him to retain the Student Loan Repayment Program (SLRP) incentive based on his SCARNG duty MOS.

2.  He states he received training in basic electricity and electronics during his U.S. Navy service and he also received 88 hours of training at Fort Custer, MI, in August 1991.  He states the training he received at Fort Custer, MI, was the same training he received at Fort Gordon, GA, in 2009.  At Fort Gordon, GA, he trained on the same equipment he had trained on at Fort Custer, MI, and he received training on additional equipment when he returned to his unit.

3.  He states he was told by his recruiter that "all information pertaining to the military side was verified and correct."  He questions why the discrepancy wasn't identified for 4 years.  He has submitted requests for SLRP payments three times, and there were no issues.  Recoupment of earlier payments is uncalled for due to circumstances that were beyond his control.  The State of South Carolina supports an ETP. 
4.  He provides:

* memorandum, subject:  Request for an ETP [in the Case of Applicant]
* memorandum for record (MFR)
* two DA Forms 2823 (Sworn Statement)
* orders
* Certificate of Training
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* memorandum, subject:  Request for ETP for SLRP [Applicant]

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior service in the U.S. Navy and U.S. Navy Reserve.  On 4 January 1991, he enlisted in the MIARNG.  On 16 February 1995, he was discharged from the MIARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

2.  The NGB Form 22 issued on 16 February 1995 shows he completed the course for MOS 31D in August 1991 and was awarded the MOS on 3 October 1991.  

3.  On 10 September 2008, he enlisted in the SCARNG for a period of 6 years.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows he enlisted for MOS 25Q (Multichannel Transmission Systems Operator-Maintainer) and the SLRP.

4.  An NGB Form 600-7-5-R-E (SLRP Addendum - ARNG of the United States), signed by the applicant and an enlisting official on 10 September 2008, shows the applicant acknowledged that:

* he was eligible for the SLRP as a prior service applicant enlisting for 6 years
* he held primary MOS (PMOS) 25Q which was a critical skill authorized for the SLRP
* he had three existing loans in the amount of $17,501.00

5.  On 17 April 2009, the Office of the Adjutant General, State of South Carolina Military Department, issued Orders 107-800 awarding him PMOS 25Q and withdrawing PMOS 09B (Trainee Unassigned) effective 28 March 2009.  

6.  A review of his record shows he continues to serve in MOS 25Q.  

7.  He provides several documents in support of his request, including the following:

	a.  A self-authored sworn statement, dated 5 April 2013, shows:

		(1)  He stated that when he signed his enlistment contract on 10 September 2008 it was his understanding that he was qualified for MOS 25Q.  His recruiter had confirmed that his previous MOS of 31D "directly transitioned into" 25Q.  He noted that the MIARNG had awarded him MOS 31D based on training he had received in the Navy and that he had attended the 88-hour Mobile Subscriber Equipment Transmission System Operator Course while he was a member of the MIARNG.  

		(2)  The State of South Carolina would not award him MOS 25Q based solely on the fact that another State had awarded him MOS 31D.  Because he had completed his Navy training in 1991, the guidance maintained by the proponent at Fort Gordon, GA, didn't date back far enough to support awarding MOS 25Q.  When he realized he was not MOS qualified, he became qualified as soon as possible.  

	b.  An MFR, dated 5 May 2013, shows the Commander, Company B, 151st Expeditionary Signal Battalion, stated the applicant had signed his SLRP addendum with the understanding that he was qualified, and, upon finding he was not qualified, he made every effort to become qualified prior to deployment to Iraq in 2010.  Based on the applicant's efforts to become qualified, the Commander requested an ETP for the SLRP.

	c.  A sworn statement from Staff Sergeant (SSG) K____, dated 15 May 2013, shows SSG K____ identified himself as the Readiness Noncommissioned Officer for the applicant's unit when the applicant enlisted in 2008.  

		(1) He stated that at the applicant's first drill, they realized he would have to attend the Warrior Transition Course and that it was unlikely the State would award him MOS 25Q based on his previous experience due to the time that had elapsed and the fact that the MIARNG had awarded him an MOS based on his Navy experience.  Their assumption was correct.  

		(2) The applicant was understanding and accepted the additional training requirements with a great attitude.  He went on to complete training for MOS 25Q at the soonest available date.  It was his opinion that the applicant should be granted an ETP because he took every step possible to become MOS qualified and he had been a top performing Soldier in the battalion before, during, and after deployment.
	d.  A memorandum, subject:  Request for ETP [in the Case of Applicant], dated 16 May 2013, shows the Deputy Chief of Staff (DCS), Office of the Adjutant General, State of South Carolina Military Department, requested, in effect, that the NGB grant an ETP allowing the applicant to retain his SLRP incentive.  The DCS stated the applicant was instructed by his recruiter to initial his contract incorrectly and advised that his MOS from a previous branch of service would make him MOS qualified in the ARNG.  This was due to no fault of the applicant and he had satisfied the requirements set forth in the contract.

	e.  A memorandum, subject:  Request for ETP for SLRP (Applicant), dated 18 July 2013, shows the Deputy G-1, ARNG, NGB, notified the State Incentive Manager, SCARNG, that an ETP allowing the applicant to retain the SLRP incentive was denied.  The Deputy G-1 directed the State Incentive Manager to terminate the incentive with recoupment.  The Deputy G-1 listed the following reasons for the decision – 

* the applicant was not duty MOS qualified for the contracted incentive, which violated ARNG Selected Reserve Incentive Policy (SRIP) 07-06
* the applicant's incentive addendum was obsolete, which violated ARNG SRIP 07-06

8.  ARNG SRIP 07-06, effective 10 August 2007 to 28 February 2009, provided policy for administering ARNG incentives.  It states the ARNG offers the SLRP incentive to prior service Soldiers as an accession incentive.  The total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15 percent or $500 per year, whichever is greater.  Prior service Soldiers must meet the following eligibility requirements to receive the SLRP: 

	a.  Must enlist, reenlist, or extend for a period of not less than 6 years.

	b.  Have not previously received the SLRP as an enlistment, re-enlistment or
extension option in the Selected Reserve.

	c.  Must be MOS qualified for the position for which enlisting.

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of ARNG enlisted Soldiers.  Chapter 2 prescribes policies and procedures for MOS classification and reclassification.  Paragraph 2-4b(2) states to award Soldiers with prior Army service, regardless of the date of separation and component, the MOS(s) they held on separation.  If the MOSs, codes or identifiers have been changed, consolidated or eliminated, determine from Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) which MOSs and codes the Soldier should hold and award them.  In doubtful cases, a determination should be requested from the Chief, NGB (NGB-ARH-S).

10.  Department of the Army Pamphlet 611-21, Table B6 shows that MOS 31D was converted to MOS 31R (Multichannel Transmission Systems Operator-Maintainer) in April 1995.  MOS 31R was converted to MOS 25Q in January 2005.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his record to show his qualification for MOS 31D qualified him for duty MOS 25Q.  Shortly after he was discharged from the MIARNG, MOS 31D was converted to MOS 31R.  A few years prior to his enlistment in the SCARNG, MOS 31R was converted to MOS 25Q.  

2.  National Guard Regulation 600-200 states that a Soldier with prior Army service will be awarded the MOS he held on separation or, if the MOS has been changed, the appropriate MOS shown in Department of the Army Pamphlet 611-21.  In this case, Department of the Army Pamphlet 611-21 clearly shows the conversion process that led to MOS 31D becoming MOS 25Q.  

3.  Although his SCARNG chain of command determined that he needed to complete training for MOS 25Q, regardless of the reason for this decision, as an administrative matter, the evidence and regulatory authority available at the time were sufficient to support awarding him MOS 25Q effective the date of his SCARNG enlistment.  

4.  In light of the available evidence, it would be appropriate to amend Orders 107-800 to show he was awarded PMOS 25Q effective the date he enlisted in the SCARNG.  

5.  Amending Orders 107-800 as described above will also correct his record to show he met the terms of his SLRP Addendum on the date of his enlistment.  NGB has noted that he signed an obsolete version of the SLRP Addendum, but that alone is not a sufficient basis for terminating or recouping an incentive for which he was otherwise eligible.  In view of the foregoing, it would be appropriate to correct his record by showing an ETP was approved allowing him to retain the SLRP and making any payments he is entitled to as a result of this correction.  




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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  amending Office of the Adjutant General, State of South Carolina Military Department, Orders 107-800, dated 17 April 2009, to show he was awarded PMOS 25Q effective the date he enlisted in the SCARNG;

	b.  showing an ETP was granted allowing him to retain his SLRP incentive; and

	c.  paying that incentive out of 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)                                         AR20130015423



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ABCMR Record of Proceedings (cont)                                         AR20130015423



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