IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20140000832
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, in effect, reinstatement of his Student Loan Repayment Program (SLRP) incentives.
2. The applicant states, in effect, that he reenlisted on 9 July 2007 for a period of 6 years in military occupational specialty (MOS) 31B (military policeman) and the SLRP incentive of $10,500. On 1 February 2012 he was transferred to a non-MOS specific position at the Provost Marshals office for what was supposed to be a career enhancing position. His commander and administrative personnel advised him that no recoupment action would be taken as he was fulfilling his obligation and he was recommended by the commander for the position. He took the position, and a year later he was advised by the Iowa Army National Guard (IAARNG) that recoupment of his SLRP payments would be initiated because he had not fulfilled his obligation. He would not have accepted the transfer had he known that there were going to be financial consequences.
3. The applicant provides copies of responses from the IAARNG and National Guard Bureau (NGB) concerning his request for an exception to policy to retain his SLRP incentives, a transfer order, a statement from the retention noncommissioned officer (NCO), SLRP Addendum, and two counseling forms indicating that recoupment would not be affected.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a military policeman in the IAARNG in the pay grade of E-6 when he reenlisted for a period of 6 years and the SLRP in the amount of $10,500 on 9 July 2007. He deployed to Iraq during the period
27 January 2008 through 1 November 2008.
2. He was promoted to the pay grade of E-7 on 21 September 2009 and on 28 October 2011 he was counseled by his company commander regarding his transfer to the Provost Marshals office. The counseling form implies that the applicants bonus incentives would not be affected.
3. On 1 February 2012, he was transferred to the Provost Marshals office at the Joint Forces Headquarters at the same installation for duty as the Physical Security NCO for the IAARNG in MOS OOF4O.
4. The initial notification of recoupment action is not present in the available records; however, on 1 November 2013 the NGB notified the applicant that his request for an exception to policy to retain the SLRP incentive was denied, that the State Incentive Manager would terminate the incentive, and the applicant would be granted relief from recoupment action.
5. On 10 December 2013, the IAARNG Education Services Officer notified the applicant that any recoupment amount would be forwarded for debt collection action and further advised him that he could apply to this Board for relief.
6. The statement provided by the applicant from the unit retention NCO indicates that she and the commander advised the applicant that his SLRP benefits would not be affected as the transfer was for career progression. Had she known at the time she would have published the orders to reflect career progression.
7. A review of the applicants official records shows he was awarded his Bachelor of Science Degree in Health Sciences on 21 September 2009 and he was subsequently awarded his Masters Degree in Health Sciences with a 4.0 grade point average.
8. Army Regulation 611-201 (Military Occupational Specialty Codes) provides, in pertinent part, that MOS OOF (Drill Sergeant) may be held by personnel with any MOS and is considered career progression for all specialties.
DISCUSSION AND CONCLUSIONS:
1. The evidence in this case clearly shows the applicant was serving as a military policeman in the IAARNG when he was selected to fill a position in the IAARNG Joint Forces Headquarters as a Physical Security NCO and that he was advised by his commander and the unit retention NCO that acceptance of the position would not affect his SLRP benefits because the move was one of career progression.
2. However, it appears the applicant was ill-advised and his SLRP benefits were terminated and recoupment action was initiated until the NGB terminated recoupment actions.
3. In any event, the applicant was working in an MOS that is considered career progression for any enlisted MOS and he was working in his capacity as a military policeman in his position as a Physical Security NCO for the IAARNG.
4. Accordingly, as a matter of equity, the applicants SLRP benefits should be restored and any monies collected should be returned to the applicant.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 ARNG records of the individual concerned be
corrected by showing that he was granted an exception to policy to retain his SLRP benefits and that any monies collected be returned to the applicant from ARNG funds.
_______ _ _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.
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