IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140006358 


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, entitlement to the Student Loan Repayment Program (SLRP) in an amount up to $50,000.

2.  The applicant states:

	a.  On 27 May 2009, he enlisted in the Montana Army National Guard (MTARNG) and had a report date of 19 October 2009 for basic combat training (BCT).  In early September 2009, he applied for a J1 program analyst position and was notified he was a successful candidate for the position.  The effective date of his placement as a program analyst was to be determined due to the dates of his BCT and advanced individual training (AIT).

	b.  Upon returning from training, he accepted the J1 program analyst position effective 12 April 2010.  He asked the Incentives Office if he would be giving up the SLRP incentive [he enlisted for] by accepting the Military Technician (Mil Tech) position and was told "no, you are good to keep it."  He was even provided a National Guard Bureau (NGB) memorandum, dated 14 September 2009, which was used as proof to support that statement.  

	c.  Since that time, he has been operating under the impression that he was still eligible for the SLRP or that the current policy was being reviewed.  His students loans are current and presently in forbearance status.  He made the decision to accept Mil Tech employment with the MTARNG based solely on this information.  He is appealing the denial of his exception to policy (ETP) request for retention of the SLRP incentive based on paragraph 5b of the MTARNG message that he is enclosing.

3.  The applicant provides a DA Form 2823 (Sworn Statement), three memoranda, and two pages of email.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MTARNG on 27 May 2009.  His DD Form 4 (Enlistment/Reenlistment Agreement – ARNG), dated 27 May 2009, in part, shows:

	a.  He was enlisting in the ARNG for 8 years and agreed to serve 6 years as an assigned member of a troop program unit (TPU).  He was enlisting for assignment to Headquarters and Headquarters Company (HHC), 1st General Support Aviation Battalion (GSAB), 189th Aviation, Unit Identification Code (UIC) XYQST0, Helena, MT, and would report back to the Military Entrance Processing Station (MEPS) on 19 October 2009 for BCT and AIT at Fort Leonard Wood, MO.

	b.  He was enlisting in critical military occupational specialty (MOS) 74D (Chemical Operations Specialist) and for an enlistment bonus, Montgomery GI Bill (MGIB) Kicker, MGIB, and the SLRP.  

2.  His record contains an Annex L (SLRP Addendum - ARNG) to DD Form 4, dated 27 May 2009, wherein, in part, it shows:

* he was not enlisting to qualify for a Mil Tech or Active Guard Reserve (AGR) position where membership in a Reserve component was a condition of employment 
* he had one disbursed loan in the amount of $15,014 and the total amount of repayment for qualifying loans [under the SLRP] would not exceed $50,000 
* loans must be 1 year or older on the first anniversary eligibility date to qualify for the program
* payments would be made for each year of satisfactory service in the Selected Reserve
* he understood his SLRP would continue if he either accepted an appointment as an officer or warrant officer candidate 
* he also understood that his continued participation in this program would cause him to be ineligible for any Officer/Warrant Officer Accession Bonus (OAB)

3.  The applicant and the authorized service representative signed and dated this SLRP Addendum on 27 May 2009 and it contains a bonus control number (BCN).  He was subsequently assigned to HHC, 1st GSAB, 189th Aviation, Helena.

4.  He provides NGB memorandum (NGB-EDU-09-058), subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Mil Tech position, dated 14 September 2009.  This memorandum referenced Department of Defense Instruction (DODI) 1205-21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999, and NGB Memorandum (EIOM-NGB-EDU-09-001), dated 29 October 2008, and in part, stated:

	a.  The [second] referenced message specifically granted relief to service members that accept an AGR or Mil Tech position from recoupment of incentives, thus accelerating bonus payments to a date prior to start of duty as an AGR or Mil Tech.  However, the lack of appropriate guidance in reference to SLRP benefits has created uncertainty and in some instances has resulted n the termination of benefits erroneously.   

	b.  Soldiers ordered to active duty in the State AGR program and Mil Tech program will be entitled to SLRP payments as long as they remain serving under their initial contract and/or agreement for which SLRP was awarded "pending service member has received first anniversary payment and has remained in good standing" (emphasis added).

5.  He entered initial active duty for training (ADT) on 18 October 2009.  He completed BCT and AIT and was awarded MOS 74D.  He was honorably released from ADT on 5 April 2010 to the control of the MTARNG.

6.  Orders 214-064, dated 2 August 2011, issued by Joint Forces Headquarters (HQ) - MT, Fort Harrison, MT, discharged him from the ARNG effective 6 August 2011.  

7.  He was honorably discharged from the MTARNG on 6 August 2011 to accept an appointment as a commissioned officer.  The NGB Form 22 (Report of Separation and Record of Service) he was issued shows he completed 2 years, 2 months, and 10 days of Reserve service during this period of service.  

8.  On 7 August 2011, he was appointed as a second lieutenant in the MTARNG and he executed an Oaths of Office on that date.  On 7 August 2011, he was assigned to the 631st Chemical Company, Missoula, MT.

9.  He attended and successfully completed the Chemical Basic Officer Leadership Course from 9 January to 4 May 2012 at Fort Leonard Wood, MO and was awarded the area of concentration (AOC) 74A (Chemical Officer, General).

10.  He provides an email message subject: Disposition of SLRP Contracts for Select AGR and Mil Tech Personnel Message, dated 14 March 2013, rescinding NGB memorandum (NGB-EDU-09-058), subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Mil Tech position, dated 14 September 2009.  This email message stated those Soldiers with SLRP contracts who accepted an AGR or Mil Tech position between 18 April 2009 and 3 November 2010 were eligible for ETP consideration as stipulated within Army Regulation 601-210 (Active and Reserve Components Enlistment Program).  These personnel would be processed for an ETP according to established guidance.

11.  He attained the rank of first lieutenant (1LT) on 2 July 2013 and is currently assigned to the 631st Chemical Company, MTARNG.

12.  He provides a memorandum to the MTARNG, dated 18 December 2013, from the NGB, wherein, in part, it stated:

	a.  The second request for an ETP for the applicant to retain the $50,000 SLRP was denied.  It further stated the State Incentive Manager would terminate the incentive without recoupment effective 1 day prior to his entering the AGR/Mil Tech status.

	b.  He enlisted on 27 May 2009 and accepted a permanent Mil Tech position on 11 April 2010, after the contract start date, which violated ARNG Selective Reserve Incentive Program (SRIP) 07-06, updated 1 March 2009 to 15 June 2010.  

13.  He provides a memorandum to himself, dated 14 February 2014, from the Joint Forces HQ - MT, notifying him of the termination of the SLRP without recoupment effective 10 April 2010 due to his accepting a fulltime Mil Tech position.

14.  Department of Defense Instruction (DODI) 1205-21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999, prescribes procedures.

	a.  Section 6.2 (Written Agreements):  As a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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.  

	b.  Section 6.6 (Relief from Termination (of Incentive)) applies to persons accepting Mil Tech positions on a temporary assignment of less than 6 months. 

	c.  Section 6.9 (Exception to Recoupment):  Recoupment is not required in the following circumstances when an incentive is terminated:  Sub-section 6.9.3. If accepting an AGR or Mil Tech position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment.

15.  NGB memorandum NGB-EDU-09-001, subject:  Change to AGR and Mil Tech Termination and Recoupment Rules, dated 29 October 2008, states in paragraph 2a that any enlisted Soldier currently under contract for an incentive governed by Memorandum, NGB-ARM, 10 August 2007, subject:  ARNG SRIP Guidance for FY 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06) and who accepts an AGR or Mil Tech position with the ARNG will have their incentive terminated without recoupment.

16.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and U.S. Army Reserve (USAR) incentive programs.  These programs include the SRIP which offers bonuses, educational assistance, and repayment of student loans.  Chapter 5 covers the SRIP.  

	a.  Paragraph 5-1 states the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily.  A person must serve in the Selected Reserve for the full term of the contractual agreement.  He or she must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.

	b.  Paragraph 5-1(6) (Termination):  Entitlement to the SLRP will stop if the Soldier accepts a permanent civilian position where membership in the Reserve is a condition of employment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the MTARNG on 27 May 2009 for 6 years and assignment to HHC, 1st GSAB, 189th Aviation in critical MOS 74D and he executed an addendum for an SLRP incentive on that date.  In accordance with the addendum, he stated he was not enlisting to qualify for a Mil Tech or AGR position and payments made would be payable after each year of satisfactory service.

2.  However, the NGB stated on 11 April 2010, less than 1 year after his enlistment, he voluntarily accepted a full time Mil Tech position.  In accordance with applicable regulations and the NGB memorandum dated 14 September 2009 he was provided, the NGB terminated his entitlement to the SLRP without recoupment.  The NGB's action to terminate the incentive without recoupment appears to be proper and he has not shown otherwise.  There is neither an error nor an injustice in his case.

3.  In view of the foregoing, he is not entitled to 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)                                         AR20140006358





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ABCMR Record of Proceedings (cont)                                         AR20140006358



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