BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140001357
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 records to allow him to retain the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the Iowa Army National Guard (IAARNG) in 2009.
2. The applicant states:
* he was given an incorrect SLRP incentive addendum when he enlisted in the IAARNG
* the addendum and National Guard Bureau (NGB) policy had changed 1 month before he enlisted
* the injustice is that NGB decided to terminate the bonus with recoupment due to two consecutive Army Physical Fitness Test (APFT) failures and won't pay on the past 3 years due to the incorrect bonus addendum he was given
* his loans haven't been paid
* the bonus addendum he was given does not state that failing two consecutive APFT's is grounds for termination of the incentive
* he feels he should be allowed to keep his SLRP incentive or, at a minimum, have the payments that were owed prior to the second APFT failure paid
* he understands the addendum is contrary to the policy at the time, but it was unknown to him that he had an incorrect addendum
3. The applicant provides:
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum ARNG of the United States)
* NGB exception to policy (ETP) denial
* DA Form 705 (APFT Scorecard)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the IAARNG on 29 May 2009 for a period of 8 years.
2. His NGB Form 600-7-5-R-E, dated 29 May 2009, completed in conjunction with his 2009 enlistment in the IAARNG shows he enlisted for the SLRP in the amount of $50,000.00. Section IV (Suspension) of this addendum states, "I understand that I will be suspended from Student Loan Repayment Program eligibility if I am flagged (suspension of favorable personnel action per AR [Army Regulation] 600-8-2) for an adverse action (does not include failure to maintain body fat standards or APFT failure)."
3. This addendum does not list APFT failure as a reason for SLRP termination.
4. He was ordered to active duty on 8 August 2010 in support of Operation Enduring Freedom. He served as a petroleum supply specialist in Afghanistan from 22 November 2010 to 23 July 2011. He was released from active duty on 7 September 2011.
5. He provided a DA Form 705 that shows he failed the weight portion of the APFT on 22 April 2012 and on 12 October 2012.
6. He was promoted to sergeant on 7 June 2013.
7. On 21 August 2013, NGB disapproved his request for an ETP to retain the $50,000.00 SLRP. NGB stated:
* the State Incentive Manager will terminate the incentive with recoupment effective the date of the second APFT failure
* the applicant has two record APFT or height/weight failures within 12 months which violates the ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06
* his date of agreement/enlistment is 29 May 2009
* the contracted loan addendum/agreement amount is $50,000.00
8. 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.
9. ARNG SRIP Guidance 07-06 states entitlement to an incentive will be terminated with recoupment when a member has two consecutive record APFT failures or two consecutive failures to meet body fat standards.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests to be allowed to retain the SLRP incentive offered at the time of his enlistment in the IAARNG in 2009.
2. To date, the applicant has completed over 5 years of service in the IAARNG.
3. In 2013, NGB terminated the incentive with recoupment because the applicant had two record APFT failures within 12 months which violated ARNG SRIP Guidance 07-06.
4. Since his SLRP Addendum does not show APFT failure as a reason for termination, there is no evidence showing he was advised of and understood the conditions under which continued entitlement to unpaid incentive amounts would be terminated included two record APFT failures within 12 months. Therefore, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records and pay him the SLRP in accordance with his SLRP Addendum, dated 29 May 2009.
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:
a. showing the applicant's request for an ETP to retain the $50,000.00 SLRP incentive, dated 21 August 2013, was approved;
b. showing the Department of the Army authorized him to receive the SLRP incentive as agreed to in his NGB Form 600-7-5-R-E, dated 29 May 2009; and
c. paying him the SLRP incentive out of ARNG funds as a result of the above corrections.
__________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) AR20140001357
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