IN THE CASE OF:	  

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130022206 


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 her records to reinstate her Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states she was offered the SLRP incentive after an extension of her enlistment.  She later accepted a military technician position and was informed that she was no longer eligible for the SLRP incentive.  Her enlistment contract does not mention termination of her incentive if she accepted a military technician position nor is it outlined in National Guard Bureau (NGB) Education Division Instruction 1.1 (NGB-EDUi 1.1), Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP).  The NGB denied her request for an exception to policy (ETP) for reinstatement of the SLRP.

3.  The applicant provides:   

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 10 December 2009
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum - Army National Guard of the United States), dated 10 December 2009
* NGB memorandum, dated 1 October 2013 
* NGB-EDUi 1.1, CHELRP, dated 1 October 2009


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the North Carolina Army National Guard (NCARNG) on 5 December 2006 for a 6-year term of service.  She is currently serving in the NCARNG.

2.  A DA Form 4836, dated 10 December 2009, shows the applicant extended her enlistment in the NCARNG by 3 years and 6 days, thereby changing her expiration of term of service (ETS) date to 10 December 2015.

3.  Section I – General, subsection 1b the applicant's Guard Annex L to DD Form 4 - SLRP Addendum states, “I am not enlisting to qualify for a Military Technician or Active Guard Reserve (AGR) Title 32 or 10 position…(temporary assignment as a military technician for 6 month [sic] or less is excluded).”

4.  Section II - Eligibility states, "I am a Prior Service applicant Enlisting or current member Reenlisting/Extending in a MTOE AVCRAD/TR/SF or Medical TDA unit Y44AA (UIC).  I am DMOS qualified for the position and enlisting/reenlisting/extending for a term of not less than 6 years in the Army National Guard of the United States."  She placed her initials at the end of the paragraph.

5.  Section III - Entitlement and Payments states payment would be processed on the anniversary date of enlistment for each satisfactory year of service.  Section V - Termination states she could be terminated from bonus eligibility for voluntarily transferring out of the critical UIC or critical skill for which bonus is approved.  Section VII - Authentication shows she signed and dated the document on 10 December 2009. 

6.  Orders 242-875, issued by the State of North Carolina, Joint Forces Headquarters, dated 29 August 2012, show the applicant was transferred based on the unit's reorganization.  She was released from an aviation operations sergeant position with the 2nd Battalion, 130th Aviation Regiment (Y44AA) and assigned to an aviation operations position with the 2nd Battalion, 130th Aviation Regiment (Rear) (Y44HD), effective 1 August 2012.

7.  On 7 October 2012, the applicant accepted a military technician position.

8.  On 1 October 2013, the Deputy G-1, NGB, notified the applicant that her request for an ETP for the SLRP was denied.  The official stated the applicant accepted a military technician position while receiving an incentive which violated the ARNG CHELRP for Fiscal Year 2009.  The official noted the applicant's contract/agreement details:
	a.  State enlistment/accessed:  NC; UIC: Y44AA.

	b.  Date of agreement/enlistment:  10 December 2009.

	c.  Contracted loan addendum/agreement amount:  $50,000.

	d.  Contract AOC/MOC:  15P; Current AOC/MOS: 15P.

9.  In the processing of this case an advisory opinion was obtained on 
15 May 2014, from the Chief, Personnel Policy Division, NGB.  The advisory opinion recommended approval for reinstatement of the applicant's SLRP due to the following:

* the applicant reenlisted on 10 December 2009 and executed a contract 	addendum to receive the SLRP incentive
* the contract extended her ETS from 4 December 2012 to 10 December 	2015
* she received her annual loan repayments in 2010 and 2011 
* she accepted a military technician position on 7 October 2012
* she was denied an annual loan repayment in 2012
* NGB denied her request for ETP to remain eligible for the SLRP based 	the acceptance of a military technician position in violation of NGB-
     EDUi 1.1
  
10.  The advisory opinion stated the policy referenced in the denied ETP request, NGB-EDUi 1.1, paragraph 4-4 states, "Soldiers accepting employment in the (Title-32) MilitaryTechnician program will be eligible to CHELRP payments as long as they remain serving under their initial contract and/or agreement for which CHELRP was awarded."  The applicant remained in the unit and duty slots as contracted, until being transferred due to unit reorganization; therefore, her SLRP incentive should not have been terminated.

11.  The advisory opinion concluded the applicant's contract addendum did not indicate the applicant's SLRP would be terminated if she became a military technician.  The Office of the Under Secretary of Defense published a memorandum, dated 21 May 2008, SUBJECT: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits of Stipends.  This memorandum states "A member who enters into a written agreement with a specified condition for receipt of a pay or benefits is entitled to the full amount of the pay or benefit if the member fulfills the condition of the pay or benefit."

12.  On 16 May 2014, the applicant concurred with the advisory opinion.

13.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the ARNG.  Chapter 8 covers actions required after enlistment.  Paragraph 10-3t (4) states incentive eligibility will be stopped when a member is declared ineligible to receive any further incentive payments, except for service performed before the termination date.  Termination of eligibility to an incentive will occur if a Soldier accepts an AGR or a permanent military technician position where membership in the Selected Reserve is a condition of employment.

14.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) prescribes policies and procedures for the administration of the ARNG of the United States incentive programs.  Paragraph 5-5 provides the conditions for termination without recoupment and states to terminate entitlement and eligibility for the SLRP incentive when Soldier accepts an AGR position on Title 10 or Title 32 effective on the date of entry on AGR status.

15.  NGB-EDUi 1.1, CHELRP provides guidance for the ARNG Loan Repayment Program.  Paragraph 4-4 (Active Guard Reserve and Military Technicians) states Soldiers ordered to active duty in the AGR program and Soldiers accepting employment in the military technician program will be entitled to CHELRP payments as long as they remain serving under their initial contract and/or agreement for which CHELRP was awarded.  If a Soldier must extend to meet AGR tour requirements he/she will receive a prorated amount until the effective date of the new extension.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her military records to reinstate her SLRP incentive was carefully considered and it was determined that the evidence is sufficient to support her request.

2.  An advisory opinion from the NGB, Personnel Policy Division recommended approval for the applicant's request for reinstatement of her SLRP incentive.

3.  On 10 December 2009, the applicant extended 3 years and 6 days for a $50,000 SLRP incentive.  She acknowledged that she understood she would be terminated from bonus eligibility if she was reenlisting/extending for a military technician position.  Her contract is void of information that indicates her SLRP would be terminated if she accepted a military technician position.

4.  She accepted a military technician position on 7 October 2012.  On 
1 October 2013, the Deputy G1, ARNG, denied her request for an ETP for reinstatement of the SLRP with the determination that she accepted a military technician position while receiving an incentive that violated ARNG, CHELRP instructions. 

5.  However, the applicant was eligible for the SLRP at the time of she accepted the military technician position.  EDUi 1.1, paragraph 4-4 specifically states that Soldiers accepting employment in the Title 32 Military Technician program will be eligible for CHELRP payments as long as they remain serving under their initial contract and/or agreement for which CHELRP was awarded.  The applicant remained in the unit and duty slots as contracted, until being transferred due to unit reorganization.  Therefore, her SLRP incentive should be reinstated and she should be paid in accordance with her SLRP addendum, dated 10 December 2009.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected showing that her SLRP was never cancelled, therefore authorizing her continuous payment of the SLRP, out of Army National Guard funds, in accordance with her SLRP addendum, dated 10 December 2009.



      ___________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)                                         AR20130022206



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ABCMR Record of Proceedings (cont)                                         AR20130022206



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