BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140004933 


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, an exception to policy (ETP) for retention of the Student Loan Repayment Program (SLRP) incentive he received from the Florida Army National Guard (FLARNG).

2.  The applicant states:

   a.  He disagrees with the National Guard Bureau's (NGB) decision to recoup his SLRP incentive, due to errors made by his unit, on his 6-year extension contract and FLARNG SLRP Addendum that violated the ARNG Selected Reserve Incentive Program (SRIP) 06-06. 

   b.  He was offered the SLRP incentive at the time of his extension for 6 years in the FLARNG as long as he stayed in his current military occupational specialty (MOS) or reclassified into another critical MOS.  He requested a transfer to another unit to reclassify into another critical MOS before he extended.  The training noncommissioned officer (NCO) advised him to extend and then transfer and that he was going to forward the SLRP Addendum to the new unit because it was not available at the time.  The training NCO forwarded the Addendum almost 3 months later and he signed it.  He has received 5 payments in 5 years that the NGB now wants to recoup as the Addendum violated ARNG SRIP 06-06.





3.  The applicant provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* NGB Form 600-7-5-R-E (Annex S to DD Form 4 – ARNG Bonus Addendum)
* NGB ETP denial memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the FLARNG on 23 July 1992.  He was awarded MOS 13B (cannon crewman).  He reenlisted in the FLARNG on 20 July 1997.  

2.  On 1 July 2006, he extended his 1997 enlistment for 6 years.  On the same day, he executed and signed an Annex B to DD Form 4 or DA Form 4836 (Reenlistment/Extension Bonus Addendum) under the SRIP.  The addendum stated in:

   a.  Section II (Eligibility): Upon my reenlistment or extension in the Army National Guard of the United States I am eligible for a Reenlistment or Extension Bonus under the SRIP if I meet the following criteria:  "I am qualified in and hold as primary the MOS in which I am assigned and hold the rank and grade of, or am no more than one grade below, the required grade of the position."

   b.  Section V (Termination), "Do not become qualified in and be awarded as primary MOS, the MOS required for my position within 24 months after a voluntary transfer into a bonus MOS or bonus unit.  Recoupment is required from date of transfer."

3.  On 17 September 2006, the applicant completed and signed an SLRP Addendum under the SRIP.  The addendum stated in Section II (Eligibility): "I am enlisting in a valid position in (UIC) PWT20 and the critical skill (MOS) 25U that Headquarters, Department of the Army has authorized for SLRP.  I must remain in the contracted MOS for the first three years of my enlistment contract." 

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the MOS 25U Signal Support Systems Specialist Course on 13 April 2009.

5.  Orders Number 112-012, issued by the FLARNG, on 22 April 2009, withdrew his primary MOS of 13B and awarded him primary MOS 25U effective 13 April 2009.
6.  He retired on 20 December 2012.  He was credited with completing 20 years, 5 months, and 8 days of total service for retired pay.

7.  In a memorandum, subject: Request for ETP for SLRP, dated 26 February 2014, the Deputy G-1, NGB, advised the FLARNG that the applicant's request for an ETP to retain the $20,000 SLRP incentive was denied.  The FLARNG was advised that the State Incentive Manager would terminate the incentive with recoupment effective the contract start date.  The FLARNG was also advised that the applicant's request for an ETP to retain the incentive was denied due to the following discrepancies:

   a.  He was not serving in the DMOS for which he contracted which violated ARNG SRIP 06-06.

   b.  His incentive addendum was signed after the reenlistment/extension documents which violated ARNG SRIP 06-06.

   c.  His incentive was requested after the date of reenlistment/extension which violated ARNG SRIP 06-06.

		(1)  The NGB official also stated the applicant annotated MOS 25U on his SRIP Addendum, but he was not Duty Military Occupational Skill Qualified (DMOSQ) for MOS 25U on the date of extension as required by his incentive addendum on line 2c.  Orders Number 207-020 indicated that the applicant voluntarily transferred to MOS 25U on 25 July 2006.  

		(2)  The DA Form 1059 indicated the applicant became DMOSQ on 13 April 2009, after the date of extension.  Failure of the service member to extend DMOSQ was a violation of Department of Defense Instruction 1205.21, paragraph E8.1.1.3; therefore, the request could not be granted.

		(3)  The applicant may file a claim with the Army Board for Correction of Military Records if he believed an error or injustice still existed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant executed an addendum for an SLRP incentive on 17 September 2006.  In accordance with the incentive addendum to be eligible for the incentive the individual must have been DMOSQ on the date of extension.  The NGB stated that he voluntarily transferred to the DMOS of MOS 25U on 25 July 2006 and became DMOSQ on 13 April 2009, after the date of extension.  
2.  The NGB denied his request for an ETP because he did not meet the eligibility criteria for the incentive under the SRIP guidance and terminated the incentive with recoupment effective the contract start date.

3.  There is no evidence of record and he did not provide sufficient evidence showing he was DMOSQ on the date of extension.  It is unfortunate that he thinks he was erroneously denied the SLRP; however, he knew or should have known of the requirements for being DMOSQ on the date of extension.  By his own admission, he stated he was offered the SLRP as long as he stayed in his current MOS.  He has not shown that he was erroneously or unjustly denied the SLRP incentive and it was erroneously or unjustly recouped.

4.  Therefore, without evidence to the contrary, the FLARNG's action to terminate the incentive with recoupment appears to be proper and he has not shown otherwise.  

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)                                         AR20140004933



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004933



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1