IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20130020058 


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 her SLRP was terminated due to reasons she believes were beyond her control.  In November 2012, she relocated to Oklahoma to work with the Oklahoma Army National Guard (OKARNG) Joint Operations Center.  She initially was placed in a Table of Distribution and Allowances (TDA) unit but not by her request.  After realizing it affected her SLRP, she was transferred to a Modification Table of Organization and Equipment (MTOE) unit and she is now currently serving in her contracted military occupational specialty (MOS).  She contends that she had no control over her transfer to a TDA unit during her Interstate Transfer (IST).

3.  The applicant provides her:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 2 August 2010
* National Guard Bureau (NGB) Form 600-7-5-R-E (Enlisted LRP (ELRP) Addendum ARNG of the United States), dated 2 August 2010
* Offer of Employment, dated 31 October 2012
* Orders 320-006, dated 15 November 2012
* Orders 036-018, dated 5 February 2013 
* DA Form 2823 (Sworn Statement), dated 17 July 2013
* Memorandum, Oklahoma National Guard, Joint Forces Headquarters (JFHQ), dated 18 July 2013
* Memorandum, NGB, Request for Exception to Policy for SLRP, dated 
30 October 2013
* Memorandum, OKARNG, Recruiting and Retention Battalion, dated 
25 June 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Alaska ARNG (AKARNG) on 
2 August 2010.

2.  In conjunction with her enlistment 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 non-prior service member enlisting as follows for a term of service of not less than 6 years in the ARNG:

* Unit Identification Code (UIC):  WPCFAA 
* Unit:  207th Brigade Support Company (BSC), Wasilla, AK
* MOS:  25U1O (Signal Support Systems Specialist)
* Paragraph/Line Number (Para/Line):  110/10

3.  This addendum stated that her SLRP eligibility would be terminated if she voluntarily transferred out of the Para/Line Number for which the bonus was approved or voluntarily transferred to a non-deploying TDA or any TDA not specifically authorized a bonus.

4.  After completing her initial active duty training she was awarded MOS 25U and she was assigned to the 207th BSC, Wasilla, AK.

5.  On 31 October 2012, she was offered employment with the SAVA Workforce Solutions Company as a Joint Operations Center Desk Officer in Oklahoma City, OK, with an effective start date of 2 November 2012.

6.  Her Official Military Personnel File (OMPF) contains various reassignment documents which show:

	a.  on 15 November 2012, she completed an NGB Form 22-5 (Addendum to DD Form 4-Approval and Acceptance by Service Representative for IST in the Army National Guard).  This document shows that she voluntarily requested an IST from the 297th Signal Company, AKARNG to the JFHQ, OKARNG (UIC:  W8A8AA) against a Para/Line Number designated for MOS 00F2O (Immaterial NGB);

	b.  she was issued Orders 036-018, by the Oklahoma National Guard, JFHQ, dated 5 February 2013, which transferred her to the 1345th Transportation Company, OKARNG, effective 22 March 2013;

	c.  on 3 December 2013, she voluntary requested an IST from the 1345th Transportation Company, OKARNG to Detachment 8, 297th Military Police (MP) Company (UIC:  WPMNA8), AKARNG against a Para/Line Number designated for MOS 25U; and
	
	d.  on 12 May 2014, she voluntary requested an IST from the 297th MP Company, AKARNG, to the 205th Signal Network Support Company (UIC:  WYCNAA), OKARNG against a Para/Line Number designated for MOS 25U.

7.  She submits:

	a.  Her sworn statement, dated 17 July 2013, wherein she affirms that in November 2012 she relocated with her family to Oklahoma in order to accept a contractor position with the NGB.  Her relocation was the reason for her IST from Alaska to Oklahoma.  She currently works full-time as a contractor with the OKARNG Joint Operations Center (JOC).

	b.  Her request for an ETP to retain her SLRP, dated 18 July 2013.  She requested that the NGB grant her an ETP allowing her to transfer into a TDA unit at the time of her IST because her NGB contracting job required that she relocate to Oklahoma.  Further, she contends that her IST Manager was directed to assign her to JFHQ, OKARNG (UIC:  8A8AA); however, she was later transferred to an MTOE unit and is currently serving in her contracted MOS.

	c.  A memorandum, written by the OKARNG IST/Coordinator, in which he states that the applicant was an IST from Alaska and that LTC Jxxxxx insisted that she be transferred to JFHQ with duty at drill in the Joint Operations Command.

8.  On 1 October 2013, the NGB, Deputy G-1, denied her request for an ETP to retain the $50,000.00 SLRP incentive.  The memorandum stated that the applicant's SLRP was terminated because she transferred into MOS 00F as a result of her IST before being moved into MOS 25U.  As such, her incentive would be terminated the effective the date of her IST to the OKARNG.  However, payment may be made on any eligible loans disbursed prior to the IST effective date.

9.  Army National Guard Regulation 600-200 (Enlisted Personnel Management) states that the IST policy allows a Soldier relocating to another state to reenlist into the ARNG/ARNGUS of the new state before moving to that state.  It also permits Soldiers to transfer for the purpose of functioning in a position in which MOS qualified or transfer to enter active duty with a unit being called into Active Federal Service.  ISTs are individual personnel actions submitted by Soldiers through administrative channels.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be allowed to retain her SLRP as an exception to policy.

2.  The applicant enlisted in the AKARNG on 2 August 2010.  Her SLRP addendum shows that her assignment to UIC WPCFAA (207th Brigade Support Company) in a Para/Line Number designated for MOS 25U entitled her to the SLRP incentive.  This same addendum clearly states that voluntary transfers out of the Para/Line Number not authorized a bonus would terminate the SLRP incentive.  The record shows that the applicant voluntarily requested an IST from the AKARNG in order to accept a contracting position with the OKARNG.  Her request clearly shows that she would be assigned to a JFHQ, OKARNG in MOS 00F, effective on 15 November 2012.  This voluntary request for transfer to an UIC and Para/Line Number not designated for a bonus terminated her eligibility to receive the SLRP.

3.  As a result, the NGB properly 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 and Para/Line; therefore, she is not entitled to relief in this case.

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)                                         AR20130020058





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020058



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1