BOARD DATE:	  21 May 2014

		DOCKET NUMBER:  AR20130019544 


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 correction of his military records to show his entitlement to the Student Loan Repayment Program (SLRP) and termination of recoupment action.  

2.  The applicant states, in effect, that he upheld his end of his contract with the Army because he held the military occupational specialty (MOS) 11B (Infantryman) for over three years and his unit transfer was directed by leadership.  He was unaware that his transfer would terminate his eligibility for the SLRP.

3.  The applicant provides:

* Sworn Statement
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Annex S (SLRP Addendum - ARNG) to DD Form 4 (Enlistment/ Reenlistment Document)
* Orders 041-001, dated 10 February 2009
* Orders 253-472, dated 10 September 2010
* OKARNG, Joint Force Headquarters (JFHQ) memorandum, dated 
10 January 2013
* National Guard Bureau (NGB) memorandum, dated 23 September 2013



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the OKARNG on 17 March 2004 for a period of
3 years.  He completed his initial training and was awarded MOS 11B.

2.  On 11 March 2007, while assigned to Company D, 1st Battalion, 279th Infantry, he extended his current contract for a period of 6 years.  In conjunction with his extension, he completed Annex S (Student Loan Repayment Program Addendum - ARNG of the United States) to DD Form 4.  He indicated he understood:

* he held the primary MOS for the position in which he was immediately extending
* he was immediately extending in a valid position vacancy in unit identification code (UIC) WPTJD0 and in the critical skill MOS 11B 
* he must remain in the contracted MOS for the first three years of his contract
* his SLRP would be terminated if he voluntarily transferred out of his contracted MOS prior to his third year anniversary and/or SLRP eligible unit

3.  This document does not contain a valid SLRP control number.

4.  At the time of his extension the applicant also received a Reenlistment Bonus under the Selected Reserve Incentive Program (SRIP).

5.  Orders Number 041-001, issued by JFHQ, OKARNG, dated 10 February 2009, shows the applicant was released from a squad leader position with the Company D Rear Detachment, 1st Battalion, 180th Infantry, OK and transferred to a chief paralegal noncommissioned officer position with the JFHQ, OK, effective 1 February 2009.  This action was based on the "individual's request" and did not require termination from the SRIP.

6.  He completed the Paralegal Specialist Course at Fort Jackson, SC on
22 October 2010, and he was awarded MOS 27D, effective 29 March 2011.

7.  On 10 January 2013, the OKARNG notified the applicant that there was a discrepancy in his SLRP incentive that required termination and recoupment of $3000.00 because the applicant voluntarily transferred out of the contracted MOS.

8.  The applicant provided a memorandum from the NGB, Deputy G-1, dated 
23 September 2013.  This memorandum denied his request for an ETP to retain the $20,000.00 SLRP incentive.  The memorandum stated that the applicant's SLRP was terminated for the following discrepancies:

	a.  He voluntarily transferred out of the contracted MOS which violates ARNG SRIP 07-04; and

	b.  His bonus control number was approved after the date of reenlistment/ extension which violates SRIP 07-04.

9.  The NGB terminated the incentive and initiated recoupment of his Fiscal Year 10 (FY10) anniversary payment.

10.  He provides a sworn statement in which he contends:

* he was an 11B for three years (11 March 2007 - 1 September 2010)
* his reenlistment contract, dated 11 March 2007, is valid because he completed the 6-year term of the contract
* he received SLRP payments for, 2008, 2009, and 2010
* he has SLRP applications pending for 2011 and 2012
* he executed the terms of his contract in good faith and satisfied all the requirements of his extension and addendum
* the OKARNG directed his transfer from D Company, 1st Battalion, 279th Infantry to JFHQ on 10 February 2009 in order to utilize his professional legal training for the benefit of the Army
* his transfer orders indicate that his SRIP would not be terminated
* NGB Form 600-7-5-R-E, Section II, paragraph 2(c) required that he reenlist or extend in a valid position vacancy in the critical MOS and that he hold the MOS.  There is no requirement to stay in a specific unit position

11.  Department of Defense Instruction (DODI) 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to lack merit.

2.  The applicant extended his enlistment in the OKARNG on 11 March 2007.  He completed a SLRP addendum in which he acknowledged that his eligibility for the SLRP incentive required him to hold the critical skill MOS 11B for the position in which he was extending.  Further, that he had to remain in that critical skill MOS for the first three years of his contract.

3.  The fact that he held the MOS 11B for three years in not in question and it appears the applicant believed that as long held the MOS 11B for three years that he could perform the duties of a paralegal in another unit and retain his SLRP.  However, his contract clearly states that he had to hold the critical skill MOS for "the position" he was reenlisting/extending for on 11 March 2007.  The record shows that on 10 February 2009 he voluntarily transferred out of a squad leader, 11B position in 1st Battalion, 279th Infantry to a paralegal, 27D position with JFHQ which is not the unit listed in his contract.  Accordingly, the State initiated action to recoup the amount that had been paid.  

4.  He further contends that this transfer was directed by his leadership and based on the needs of the Army and his transfer orders show he would retain his SRIP.  The applicant failed to provide any evidence to show this was an involuntary transfer.  Further, he should be aware that SRIP includes many retention incentives, to include the SLRP and bonuses; therefore, retention of SRIP in his case is addressing his reenlistment bonus he received.

5.  In view of the foregoing, there is an insufficient evidentiary basis upon which to grant the 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 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)                                         AR20130019544





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019544



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1