IN THE CASE OF:	  

		BOARD DATE:	  6 August 2014

		DOCKET NUMBER:  AR20130018803 


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 records to show his entitlement to student loan repayment under the Army National Guard (ARNG) Enlisted Student Loan Repayment Program (ELRP).  He further requests the termination of any recoupment efforts currently ongoing, and repayment of any monies previously recouped.  (Note: the abbreviations ELRP and SLRP are used synonymously in the pertinent regulations and arguments).  

2.  The applicant states that as a prior Marine Corps veteran he enlisted in the South Carolina ARNG (SCARNG) with an SLRP bonus.  He received the first payment, but when he inquired about the second installment he was advised that he did not qualify because he was not duty-military occupational specialty qualified (DMOSQ) for the contracted bonus.  He was further informed he would be required to repay the monies previously received.  As a Marine, he had held the military occupational specialty (MOS) 3533 (Logistic Vehicle System Operator); he enlisted in the SCARNG in MOS 25N (Nodal Network Systems Operator).  These facts were well known to his recruiter and witnessing officer who attested to the fact that he met the requirements for the SLRP bonus.

3.  The applicant provides copies of his enlistment contract with addenda and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  On 23 June 2010, with prior enlisted service in the United States Marine Corps, the applicant enlisted in the SCARNG.  His DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States) shows he enlisted for a 6-year term, in the rank/grade of sergeant (SGT)/E-5.

2.  Annex A (Enlistment/Reenlistment Agreement – Army National Guard) of his DD Form 4 shows he acknowledged that: 

   a.  If he had prior military service, he understood that he might be required to attend basic training (BT), if he did not complete BT, and/or a period of full time training duty to become qualified in the MOS for which he enlisted if not already qualified; and 

   b.  he understood that he would undergo training in his Primary MOS (PMOS), 25N.
   
3.  Annex L (SLRP Addendum) to his DD Form 4 is not included in his official military personnel file (OMPF); however, the copy he provided shows he initialed Section II, paragraph 2, which states: 
   
"I am a Prior Service applicant Enlisting or current member Reenlisting/Extending in a MTOE AVCRAD/RTI/SF or Medical TDA unit WP55B0 (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 Army National Guard of the United States."

He further acknowledged he had 4 qualifying student loans in the amount of $43,700.00, he was enlisting in the primary MOS of 25N, and he was enlisting for a term of not less than 6 years.

4.  On 1 April 2011, he entered active duty for the purpose of MOS training.  He completed training and was awarded the MOS 25N, effective 30 August 2011.

5.  SCARNG Orders 241-807, dated 29 August 2011, awarded him the primary MOS 25N, with withdrawal of the MOS 09B (Trainee Unassigned), effective 30 August 2011.

6.  On 30 August 2011, he was honorably released from active duty and returned to the control of the SCARNG.  Item 11 (Primary Specialty) of his DD Form 214 contains the entry "25N2O Nodal Network Systems – 00 years 00 month."

7.  His Noncommissioned Officer Evaluation Reports (NCOER) reflect the following entries for the periods ending – 



* 30 November 2010 – an MOS of 09B (Trainee, Unassigned)
* 30 November 2011 (and all subsequent NCOERs) – an MOS of 25N

8.  The applicant reports receiving the first disbursement under the SLRP in August 2011, in the amount of $7,500.00.  No subsequent payments were made.  When he inquired as to why he had not received the 2012 payment, he was informed that he was not qualified for the SLRP, because he was not DMOSQ for the contracted MOS, and he would be required to repay the monies previously disbursed.  

9.  The SCARNG submitted an exception to policy (ETP) request on the applicant's behalf; however, on 18 July 2013, the National Guard Bureau (NGB), Arlington, VA, denied their request.  In denying the ETP, the NGB stating the applicant was not DMOSQ for the contracted incentive in violation of the provisions of ARNG CHELRP FY 2009.  The NGB denial memorandum further states:

   a.  the SCARNG's request for an exception to policy on the applicant's behalf was denied;
   
   b.  the State Incentives Manager was to terminated his entitlement to the SLRP, with recoupment of any previous payments;
   
   c.  he was accessed in the UIC P55A0 on 25 June 2010;
   
   d.  has a contracted loan addendum/agreement in the amount of $50,000.00; and
   
   e.  had a contracted MOS of 25N and a current MOS of 25N.
   
10.  Department of the Army Pamphlet 611–21 (Personnel Selection and Classification – Military Occupational Classification and Structure) defines duty MOS as the MOS assigned to the position against which the warrant officer or enlisted Soldier is assigned or, in the absence of a documented position, the MOS that best reflects the principle duties being performed by the incumbent.

11. National Guard Regulation 600-200 (Enlisted Personnel Management) provides that prior service (PS) enlistees may be enlisted into vacancies and projected vacancies for which they are qualified or in which they agree to become qualified within one year (except for courses with longer training times). 



12.  National Guard Bureau Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP)) establishes standards, policies, and procedures for the management of the ARNG CHELRP, including the Enlisted Student Loan Repayment Program (ELRP).  It provides at: 

   a.  Paragraph 2-3 (Enlisted Eligibility), that to be eligible for the ELRP, a Soldier must – 

* be a secondary school (high school) graduate
* enlist for six years 
* have one or more qualifying and disbursed loans at the time of enlistment/re-enlistment/extension
* if they have initially contracted for the ELRP on or after 1 October 2009 may continue ELRP eligibility by extending for a period of not less than six years once they reach their 12-month extension window 
* ELRP payments on loans cannot exceed the $50,000 amount authorized under the initial contract, with a maximum payment of 15 percent ($7,500 cap per Soldier, per year) or $500 per year, whichever is greater
* not have ever previously received the ELRP as an enlistment, re-enlistment or extension option in the Selected Reserve 
* be DMOSQ for the position for which they are enlisting
* may re-enlist/extend at any time in order to gain initial entry into the program and do not have to be within their 12-month window of ETS  
* the date the Soldier signs their DA Form 5261-4-R (SLRP), DA Form 5536-R (HPLRP) and/or respective agreements, establishes their anniversary date (month)  

   b.  Paragraph 4–3 (Recoupment) provides that "since CHELRP payments are made for previous satisfactory years of service, recoupment is not normally required upon termination.  However, recoupment may be required if a record reviews reveals that the Soldier received payments erroneously."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted with prior service, a guarantee of MOS 25N training, and entitlement to the ELRP.  

2.  He met all requirements for enlistment in MOS 25N, except that he had to complete basic and MOS training within one year of entry.  Technically, he does 


not qualify for receipt of the ELRP because he did not become DMOSQ within one year of enlistment.  

3.  However, through no apparent fault of his own, he was not scheduled to enter training until 1 April 2011, and he did not complete that training until 30 August 2011, two months beyond the one-year MOS qualification requirement.  

4.  The ARNG failed to comply with its own contractual obligations in a timely manner; thereby, preventing the applicant from meeting the time frame requirements to fully MOS qualify for participation in the ELRP. 

5.  Balancing the fault in this case shows the ARNG was principally at fault in creating the situation and, as a matter of equity, an exception to policy should be granted the applicant allowing for retention of his ELRP benefits.

6.  Any monies recouped from the applicant for the first payment under the ELRP should be refunded to him and all monies due for the subsequent completion of service years should be paid in accordance with the normal disbursement procedures. 

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, South Carolina ARNG, and National Guard Bureau records of the individual concerned be corrected by:

	a.  showing the applicant was granted an exception to policy to allow for retention of his ELRP benefits; and



	b.  refunding to him any monies recouped and paying all monies due, out of ARNG funds, for the subsequent completion of service years should be paid in accordance with the appropriate disbursement procedures.



      _______ _   __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)                                         AR20130018803



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ABCMR Record of Proceedings (cont)                                         AR20130018803



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