IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019213 


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 his records be corrected to show he is authorized full participation in the Student Loan Repayment Program (SLRP) or in the alternative, that the SLRP payments already received not be recouped.  

2.  The applicant states:

	a.  He contracted for the SLRP on 14 April 2008 and received a payment in 2009. 

	b.  In April 2010, he accepted an Active Guard Reserve (AGR) position and the SLRP manager told him that he would keep the SLRP due to a memorandum published by the National Guard Bureau (NGB) in September 2009 allowing AGR Soldiers to keep the SLRP if they had already received at least one payment before accepting Title 32 AGR orders. 

	c.  Due to mobilization preparation, he did not realize that a payment for 2010 had not been processed.  

	d.  In 2011, he contacted SFC K and SSG Z to begin his fiscal year (FY) 2011 payment process.  He and his lenders completed the required DD Forms 2475 (DOD Educational Loan Repayment Program Annual Application) and they were submitted to the education office and paid on 14 April 2011. 


	e.  In April 2012, he again sent his completed DD Forms 2475 in for processing; however, nothing was done with them at the State level until August 2012 during the Guard Incentive Management System (GIMS) transition.  At that time, he was informed that his SLRP was terminated due to being in the AGR. 

	f.  SFC K told him to wait to contact the education office until the GIMS transition was completed in case it was just an error.  In November 2012, he called SSG Z, (the State Incentives Manager) about his status and he was told that nothing could be done about his situation until an administrative correction function was added to GIMS.  In January 2013, the request for administrative correction was submitted but it was returned without action. 

	g.  He was notified he was terminated from SLRP participation and that he had to request an exception to policy (ETP).  He is fulfilling his obligations in order to keep the SLRP according to the NGB memorandum in 2009 and he has been proactive in ensuring his payments were processed. 

	h.  He requested an ETP to allow him to keep the SLRP.  However, the NGB denied his request and instead they stated that he must pay back all previous payments.  He received payments for FY 2012 and 2013.  He is requesting the NGB decision be reversed and that he be allowed to continue with the SLRP (which is what he was originally told) or at a minimum that the recoupment processes be terminated.

3.  The applicant provides:

* NGB memorandum, Subject:  Request for ETP for SLRP, dated 
23 September 2013
* NGB memorandum, Subject:  Clarification of Continuing SLRP Benefits upon acceptance of an AGR and/or Military Technician Position, dated 
14 September 2009
* ETP request 
* SLRP Addendum 
* email between the applicant and members of the Wisconsin Army National Guard (WIARNG)
* two DA Forms 2475 and allied documents

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the WIARNG on 14 April 2008.  His SLRP Addendum indicates he was eligible for the SLRP, and at the time of his enlistment he had four existing loans in the amount of $13,625.00.  

2.  Section V (Termination without Recoupment) indicates he understood that his SLRP eligibility would be terminated if he accepted a military technician or Title 10 or Title 32 AGR tour.  

3.  On 14 September 2009, the NGB published Memorandum, Subject:  Clarification of Continuing SLRP Benefits Upon Acceptance of an AGR and/or Military Technician Position.  Paragraph 4 of the memorandum states:  "Soldiers ordered to active duty in the State (Title 32) AGR program and (Title 32) Military Technician program will be entitled to SLRP payments as long as they are serving under their initial contract and/or agreement for which SLRP was awarded, "pending service member has received first anniversary payment and has remained in good standing."  

4.  On 31 March 2010, the applicant was ordered to active duty in an AGR status effective 1 April 2010.  

5.  On 14 September 2012, the Department of the Army, Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch published a memorandum, Subject:  ETP for ARNG Personnel Contracted Under SLRP and Accepted AGR or Military Technician Positions, 9 October 2008-17 April 2009.  The memorandum states, in part:

	a.  The ARNG requests the authority to grant an exception to allow ARNG members who contracted under the SLRP, who accepted either an AGR or military technician position between 9 October 2008 and 3 November 2010 the ability to remain eligible for payment of their qualifying Federal loans to the end of the contractually-obligated period designated in their SLRP contract addendum.  An ETP is hereby granted for members accepting an AGR or military technician position between 9 October 2008 and 17 April 2009.

	b.  On 9 October 2008, the ARNG policy was changed to reflect Army G-1 guidance.  On 17 April 2009, a memorandum was published withdrawing the previous guidance and providing new clear guidance as stipulated by the Secretary of the Army on the subject.  Though the guidance provided that effective 21 May 2008 Selected Reserve members who accept AGR or military technician positions would be terminated without recoupment, an exception was granted through 17 April 2009 due to the confusion caused by conflicting guidance in that time frame.  ETPs for members accepting after 17 April 2009 through 3 November 2010 should be considered by the ARNG on a 
case-by-case basis.  


6.  On 23 September 2013, the NGB denied the applicant's request for an ETP to retain participation in the SLRP and to receive payments for FY 2012 and 2013.  The NGB cited as the reason for the denial the fact that he accepted an AGR position after his contract start date which violates ARNG Selected Reserve Incentive Program.  The NGB directed the State Incentive Manager to terminate the incentive one day prior to entering the AGR program.  The NGB also indicated that payments received for term served while in an AGR status were to be recouped.  

7.  He provides an email between members of the WIARNG, including the Assistant Incentives Manager (SLRP) and the Education Service Specialist, that suggest there was a degree of confusion regarding the policy for termination and recoupment of SLRP payments.  

8.  Department of Defense Instruction (DODI) 1205.21, Subject:  Reserve Component Incentive Program Procedures, paragraph 6.9 provides that recoupment is not required if accepting an AGR position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least six months of the incentive contract following receipt of the initial payment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be granted an ETP to retain the SLRP incentive or in the alternative, that payments already received not be recouped.  

2.  The applicant enlisted in the WIARNG on 14 April 2008 and his contract shows he was eligible for participation in the SLRP.  His contract also indicates that eligibility for participation in the SLRP would be terminated without recoupment if he accepted a military technician or Title 10 or Title 32 AGR tour.  However, guidance published by the NGB provided that Soldiers ordered to active duty in the State Title 32 AGR program would be entitled to SLRP payments as long as they remained serving under their initial contract and/or agreement for which SLRP was awarded, “pending service member had received first anniversary payment and had remained in good standing.”

3.  The guidance provided by the NGB was clarified on 14 September 2012 by the Army's Incentives and Budget Branch to allow Soldiers accepting an AGR position between 9 October 2008 and 17 April 2009 the ability to remain eligible for SLRP.  The applicant accepted the AGR position on 1 April 2010.


4.  The applicant indicated he received payments for FY 2009, 2010, and 2011.  It is reasonable to presume that the payments received after his acceptance of the AGR position were disbursed in accordance with the NGB guidance at the time.  Therefore, he should not be penalized by having those payments recouped.  In addition, DODI 1205.21 provides that recoupment is not required if accepting an AGR position and the member has served at least six months of the incentive contract following receipt of the initial payment.  The applicant clearly falls under this category.  

5.  Based on the Army's Incentives and Budget Branch guidance, the applicant's participation in the SLRP should be terminated; however, payments received prior to 14 September 2012, the date of the clarification memorandum, should not be recouped.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by showing an exception to policy to terminate any ongoing recoupment action was granted and refunding, if needed, out of ARNG funds, any recoupment of these monies that may have already occurred that is related to this correction of records.  










2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to granting his request for continued eligibility for participation in the SLRP.




      _______ _   _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)                                         AR20130019213



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ABCMR Record of Proceedings (cont)                                         AR20130019213



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