IN THE CASE OF:	  

		BOARD DATE:	   20 May 2014

		DOCKET NUMBER:  AR20130019059 


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 an exception to policy (ETP) to retain eligibility for the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states that her enlistment contract is in error.  Specifically, her addendum that states she would lose her entitlements if she became a military technician or transferred to active duty is incorrect.  She received the SLRP incentive while assigned to a Military Police (MP) Company as an administrative clerk.  Subsequently, she was promoted to staff sergeant (SSG) and she became a military technician and later accepted a full-time Army National Guard (ARNG) position.  She contends that prior to accepting these positions she inquired as to whether or not she would be allowed to retain her original enlistment bonus and SLRP and she was told that she would keep both incentives.  She received SLRP payments until 2012 but when the National Guard Bureau (NGB) conducted a review of her contract they determined she was not entitled to the SLRP and terminated the incentive.

3.  The applicant provides her NGB Form 600-7-5-R-E (SLRP Addendum ARNG of the United States), dated 1 March 2009, and her Requests for an Exception to Policy for SLRP NGB decision, dated 1 October 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the North Carolina ARNG (NCARNG) on 16 December 2006 and she held military occupational specialty (MOS) 42L (Administrative Specialist).  At the time of her enlistment she received a Prior Service Enlistment Bonus under the Selected Reserve Incentive Program (SRIP).

2.  On 1 March 2009, while assigned to the 514th MP Company, Winterville, NC, Unit Identification Code (UIC) TF6AA, she extended her ARNG contract for an additional 2 years, 2 months, and 17 days.

3.  On the same day, she completed Annex L (SLRP Addendum - ARNG).  Annex L explained the obligation and participation requirements for entitlement under the SLRP.  She indicated or acknowledged she understood she was a current member reenlisting/extending in a critical unit listed in her contract as "TF6AA" which was the 514th MP Company.

4.  Additional eligibility requirements included not enlisting/reenlisting/extending to qualify for a Military Technician or Active Guard Reserve (AGR) position where membership in a Reserve component is a condition of employment (temporary assignment as a military technician for 179 [days] or less is excluded).

5.  This addendum stated that her SLRP eligibility would be terminated if she voluntarily transferred out of her contracted UIC or transferred to a non-deploying Table of Distribution and Allowances (TDA) unit or any TDA not specifically authorized a bonus or voluntarily transferred out of the critical UIC or critical skill for which the bonus was approved voluntarily.

6.  On 1 August 2009, she was promoted to SSG.

7.  On 15 July 2009, Joint Force Headquarters (JFHQ), Department of Crime Control and Public Safety, issued Orders 196-842 which transferred the applicant to the Human Resource Noncommissioned Officer JFHQ, Headquarters and Headquarters Detachment (HHD) UIC 8BPAA-190, Raleigh, NC, effective 
1 August 2009.  The "For Army Use" section of this order shows:

* the reassignment was based on the individual's request
* the assignment did not require termination of participation in the Selected Reserve Incentive Program (SRIP)

8.  The available record shows that on 28 April 2011, she was ordered to full-time National Guard duty in an AGR status (Title 32) as a SSG with JFHQ-NC-HHD, UIC 8BPAA-190, for a period of three years ending 30 April 2014.

9.  The applicant provided a memorandum from the NGB, Deputy G-1, dated 1 October 2013 which denied her request for an ETP to retain the $50,000.00

SLRP incentive.  The memorandum stated that the applicant's SLRP was terminated for the following discrepancies:

	a.  She contracted for an incentive while in an AGR status which violates the Department of Defense Instruction (DODI) 1205.21; and

	b.  She voluntarily transferred out of the contracted MOS/SLRP eligible unit which violates policy.

10.  The NGB terminated the incentive effective the contract start date and initiated recoupment of payments.

11.  DoDI 1205.21, paragraph 6.9 provides that recoupment is not required if accepting an AGR and Reserve position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial payment.

12.  The SRIP assist leadership and personnel managers in meeting and sustaining ARNG readiness requirements.  The programs also provide recruiting and retention incentives to assist in filling critical shortages.  Incentives are implemented in those situations where other less costly methods have proven inadequate or ineffective in supporting unit and skill staffing requirements.  The SRIP includes, but is not limited to, bonuses for Reenlistment/Extension, Non-Prior Service, Prior Service, Enlisted Affiliation, MOS Conversion, and the Student Loan Repayment Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be granted an ETP to retain the SLRP incentive.

2.  The applicant extended her enlistment in the NCARNG on 1 March 2009.  Her SLRP addendum shows that her assignment to UIC TF6AA (516th MP Company) entitled her to the SLRP incentive.  This same addendum clearly states that voluntary transfers out of the contracted UIC to a noncritical UIC or non-deploying TDA UIC not authorized a bonus would terminate the SLRP incentive.  The record shows that the applicant voluntarily requested transfer to the JFHQ-NC-HHD and this assignment was effective on 1 August 2009.  This voluntary request for transfer terminated her eligibility to receive the SLRP.

3.  As a result, the NGB initiated recoupment action for SLRP payments.
4.  Based on the available evidence the applicant terminated her SLRP when she transferred out of her contracted UIC; therefore, she is not entitled to relief in this case.

5.  Although the NGB indicated in their denial of her request for ETP that the applicant contracted for an incentive while in an AGR status, the available record is void of documents that show she was in an AGR status at the time she executed her SLRP contract.  The date of her SLRP payments is not available so it cannot be determined if she served at least 6 months of the incentive contract following receipt of the initial payment.  In which case, recoupment would not be required.

6.  Further, the applicant should be aware that the SRIP includes many retention incentives, to include the SLRP and bonuses.  Her transfer order which shows that her SRIP would not be terminated does not specifically mean that all her SRIP incentives would be retained.  Her PSEB was authorized under the SRIP and she remained eligible for this bonus at the time of her transfer.

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 that 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)                                         AR20130019059



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ABCMR Record of Proceedings (cont)                                         AR20130019059



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