BOARD DATE:	    8 October 2015

		DOCKET NUMBER:  AR20150000946 


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 reconsideration of his request to correct his records to allow him to retain the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the Washington Army National Guard (WAARNG) in 2011.

2.  The applicant states:

 	a.  It appears that the Board did not take into consideration the clause in his contract about retaining his SLRP if he became military occupational specialty qualified (MOSQ) within 180 days after he left Officer Candidate School (OCS).  

   b. The issue at hand is that the National Guard (NG) did not have an available 12B (combat engineer) school within the 180 days.  The NG had one class in October 2013; the next class was in April 2014.  This is the class he attended and he subsequently became MOSQ; however, this put him over the 180 days.

   b.  Since he left OCS in October 2013, and transferred to his new unit that same month, they would not have been able to schedule him for the October class; this forced him to attend the next available class that was in April 2014, after the 180 day deadline.
   
   c.  He did not have control over when the NG scheduled his training or when his unit would send him.  This was something out of his control.
   
3.  The applicant provides:
* a self-authored letter
* a letter of support from his commanding officer dated 
22 September 2015
* the Board's previous recommendation
* National Guard Bureau (NGB) Form 600-7-5-R-E (Bonus Addendum)
* Congressional Request
* email correspondence from a Member of Congress
   
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140017726 on 14 December 2014. 

2.  The applicant provides a new argument which was not previously considered by the Board.  This new argument warrants consideration by the Board.

3.  He joined the WAARNG on 24 August for 8 years in 2011 as a prior-service member of the U.S. Marine Corps.  His National Guard Bureau (NGB) Form 600-7-5-R-E (Enlisted Loan Repayment Program Addendum – ARNG of the United States), dated 24 August 2011, shows he enlisted for the SLRP in MOS 09S (commissioned officer candidate).  This option provided him with a chance to be an officer and have his student loans repaid. 

4.   At the end of 2011 he was told he needed to have surgery on his left leg for compartment syndrome.  This caused him to delay attendance at OCS.  The OCS command decided to retain him until he was physically able to complete training.

5.  The applicant provided a statement regarding the events in 2013, when he had recovered from his leg injury and when he left for Phase I of OCS that summer.  A few weeks before he left, his first child was born premature by 6 weeks.  While in Phase I, he was focused on his family.  A decision was made to send him back to Washington with the option to come back to Phase I the following year due to personal issues.  The new command in Washington for OCS denied his request to stay in Phase I and this meant he needed to be enrolled in his fall-back MOS.

6.  In 2014, he qualified in MOS 12B.  He submitted an exception to policy (ETP) request for the SLRP since he was over his 180 days, but his request was denied.  

7.  On 10 September 2014, the NGB disapproved his request for an ETP to retain the $50,000.00 SLRP incentive and stated:

* the State Incentive Manager will terminate the SLRP incentive with recoupment effective the contract start date
* the applicant did not become qualified in the contracted MOS which violates ARNG Selected Reserve Incentive Program (SRIP) 11-01
* the applicant enlisted on 24 August 2011
* his contracted loan addendum/agreement amount was $50,000.00
* he contracted for MOS 09S; his current MOS is 12B

a. Section V (Loan Repayment) of NGB Form 600-7-5-E, paragraph 8 states,
"Soldier must be DMOSQ [duty MOS qualified] to receive SLRP payment.  (Not applicable for 09S.)"

b. Section VI (Suspension) of his addendum states, “I understand that my
 eligibility under the program continues unless or until  I do one of the following:

* Withdrawal from OCS program and not DMOSQ.  Soldier must begin advanced individual training (AIT) within 180 days after withdrawal from OCS.  The suspension will be lifted upon finishing AIT and becoming DMOSQ.”

c. Section X (Termination with Recoupment) of his addendum states, "I 
understand that recoupment will be effective from date of enlistment for: (09S) failure to begin MOS training within 180 days of withdrawal from OCS."

8.  The applicant states, in essence, that he met all the requirements to retain his SLRP incentive.  Although he contracted for MOS 09S, which is, essentially, a student in training, his contract allowed him to be MOS qualified in another MOS within 180 days of his OCS termination.  The fact that he did not complete his fall-back MOS within 180 days was through no fault of his own.  In addition, he states that although he did have a family issue with his child being born prematurely, that was not the deciding factor on why did not complete an MOS within 180 days.  When he transferred to his new unit after he terminated OCS training, the only school available to receive his fall-back MOS was in April 2014, after the 180 day time limit.  

9.  His current commanding officer submitted a letter in support of the applicant’s request.  He states that under his contract obligation, it stated, “Soldier must become MOSQ within 180 days of leaving OCS”; however, he believes it was misunderstood by both the applicant, his chain of command, and the State Incentive Manager.  Had the applicant been aware the he only needed to become MOSQ in any MOS to retain his SLRP incentive with the 180 days, he would have been command directed to attend a MOSQ school in any MOS that had a vacancy immediately upon leaving OCS.  In addition, he states that funding was an issue for the unit.

10.  Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs.  Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating 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. 

11.  All States Log Number P11-0009, ARNG SRIP for Fiscal Year 2011, states:

	a.  Applicants must enlist, reenlist or extend in a critical skill and remain in an authorized position for their entire service obligation for the SLRP.

	b.  Termination with full recoupment of all payments for MOS 09S SLRP participants will occur when the candidate fails to accept a commission within 3 years of entering the MOS 09S SLRP option.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms:

* the applicant enlisted in the WAARNG on 24 August 2011 for the SLRP in the amount of $50,000.00
* he contracted for MOS 09S
* he was released from OCS for personal and extenuating circumstances
* he was awarded MOS 12B after the 180 day deadline noted in his SLRP contract

2.  He signed a contract that clearly stated the bonus would be recouped if he failed to accept a commission within 3 years of entering the MOS 09S enlistment option or if he did not received another MOS within 180 days.

3.  In September 2014, NGB terminated the incentive with recoupment.

4.  Although the applicant terminated his participation in OCS, he was willing to attend an AIT school to receive a fall-back MOS within 180 days.  However, due to the misunderstanding of his chain of command and the State Incentive Manager, he accepted an AIT school for MOS 12B in April 2014, vice attending a school at an earlier date that would have put him in within the 180 day guidelines to retain his SLRP.  He should not be penalized due to the errors committed by his chain of command or his State Incentive Manager.  

5.  In light of the available evidence, it would be appropriate to correct the applicant's record to allow him to retain his $50,000 SLRP incentive.    

BOARD VOTE:

__X______  __X______  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_________  ________  _______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he was approved for an ETP allowing him to retain the $50,000 SLRP incentive in accordance with his SLRP Addendum.




      __________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)                                         AR20140017726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000946



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1