IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20140001684
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) in the amount of $20,000.00.
2. The applicant states:
a. He submitted an exception to policy (ETP) for the SLRP to the National Guard Bureau (NGB) which was denied based on their assessment of the agreement date (4 November 2007) and changing his military occupational specialty (MOS) and accepting an Active Guard Reserve (AGR) position.
b. He accepted the position in May 2009 and according to his Education Department, the time period he became an AGR Soldier occurred when Soldiers were able to retain the benefit of the SLRP.
c. He believes the error is in the date of his enlistment versus the date he became an AGR Soldier, which is not stated in the NGB denial/response.
3. The applicant provides:
* His request for ETP
* NGB denial letter
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army, the applicant enlisted in the Army National Guard (ARNG) on 15 February 2006. His NGB Form 600-7-5-R-E (SLRP Addendum), dated 4 November 2007, shows he reenlisted/extended for the SLRP in MOS 31B (military policeman). Section V (Termination Without Recoupment) of this addendum states, "I understand that my SLRP eligibility will be terminated if I accept a military technician position."
2. He was promoted to staff sergeant effective 1 April 2009.
3. He requested admittance into the AGR Program and was ordered to active duty in an AGR status effective 11 May 2009 for a period of 3 years. He was awarded MOS 00F (MOS immaterial).
4. On 1 October 2013, the NGB disapproved the request for an ETP to retain the $20,000.00 SLRP. The NGB stated:
* the State Incentive Manager will terminate the incentive effective the date of order to AGR/military technician status
* relief from recoupment is granted
* the applicant became AGR/military technician after the contract start date which violates the ARNG Selected Reserve Incentive Program (SRIP)
07-06
* date of agreement/enlistment is 4 November 2007
* contracted loan addendum/agreement amount is $20,000.00
* he contracted for MOS 31B; his current MOS is 00F
* the contracted MOS change is due to the acceptance of the AGR position
5. In the processing of this case, a staff advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommends the applicant's request for relief be denied. The opinion points out:
a. the ARNG denied the applicant's request to continue to receive his SLRP incentive.
b. the applicant enlisted for MOS 31B and was awarded MOS 00F as an AGR. MOS 00F is listed as: "00F MOS Immaterial National Guard Bureau a placeholder MOS that has no relation to MOS 31B. Policy as listed in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), dated 8 February 2011, paragraph 10-8a(4) states that a Soldier who accepts an AGR or permanent military technician position where membership is a conduction of employment will have their incentive terminated. This policy existed in May 2009 when the applicant entered AGR status.
c. the SLRP, like all incentives exists to attract recruits into shortage skills (in this case, MOS 31B). When a Soldier changes status into a skill that is not a critical skill, the reason for offering the incentive has been negated.
6. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. Paragraph 10-8a(4) of Army Regulation 601-210 states incentive eligibility will be stopped when any of the termination reasons as listed below apply and that member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldiers responsibility to serve their current statutory or contractual Service commitment. Termination of eligibility to an incentive will occur, if a Soldier accepts an AGR or a permanent military technician position where membership in the Select Reserve is a condition of employment.
8. ARNG SRIP Guidance 07-06 states entitlement to an incentive will be terminated without recoupment when a member accepts an AGR position or a military technician position where membership in the ARNG is a condition of employment, and member has served at least 6 months of the incentive contract term.
DISCUSSION AND CONCLUSIONS:
1. The applicant signed the SLRP Addendum on 4 November 2007 for MOS 31B. He entered the AGR Program in the ARNG in May 2009 and was awarded MOS 00F.
2. When a Soldier changes status into a skill that is not a critical skill, the reason for offering the incentive has been negated.
3. In 2013, the NGB terminated the incentive without recoupment.
4. Since his SLRP Addendum states that accepting an AGR position will result in termination of the SLRP benefits, there is no basis for granting the requested relief.
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) AR20140001684
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ABCMR Record of Proceedings (cont) AR20140001684
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