IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140006867 


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 her records to show entitlement to the $20,000 Student Loan Repayment Program (SLRP) incentive that she contracted for upon enlistment in the Army National Guard (ARNG).

2.  The applicant states that on 9 August 2007 when she enlisted in the Ohio ARNG (OHARNG), she had prior service in the U.S. Marine Corps (USMC) in a military occupational specialty (MOS) that is equivalent to MOS 42A (Human Resources Specialist), which is what she enlisted for in the OHARNG.

   a.  Her recruiter told her that she would receive the SLRP incentive "because I had the MOS."  She was also told that she did not have to attend MOS training.

   b.  A year later she was told she did have to attend training for MOS 42A because she was not Duty MOS Qualified (DMOSQ).  She attended and completed MOS 42A training, and then received her first SLRP payment in the amount of $3,000.

   c.  On 16 March 2009, she entered the Active Guard Reserve (AGR) program and her SLRP was terminated.

   d.  In March 2013, the National Guard Bureau (NGB) announced guidance for SLRP contracts for select AGR and Military Technician (MilTech) personnel.  She submitted a request for an exception to policy (ETP) for payment of the SLRP incentive, but it was denied.


3.  The applicant provides copies of –

* pertinent enlistment documents
* her request for ETP for payment of the SLRP incentive with the NGB's denial
* ARNG Human Resource Management (HRM) 13-003, memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the USMC in MOS 0151 (Administrative Clerk) from September 2002 to September 2006.

2.  A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows the recruiter indicated the applicant was enlisting in the pay grade of E-5 in MOS 42A, with assignment to the 1485th Transportation Company, and the SLRP incentive.

3.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) was prepared by the recruiter on the occasion of processing the applicant for entrance into the ARNG on 9 August 2007.

   a.  Section B (Agreements), item 8, shows, "I am enlisting/reenlisting in the ARNG of the United States (ARNGUS) [and OHARNG] this date for 6 years beginning in pay grade E-5.  The additional details of my enlistment/reenlistment are in Section C and Annex(es) 'A, B, and L'."

   b.  Annex L to DD Form 4 (SLRP Addendum - ARNGUS) shows the applicant was enlisting as a prior service applicant for a minimum of 6 years in a critical skill MOS in the ARNGUS.  It also shows, "I am enlisting in the State critical skill MOS of [blank] and an MOS qualified for the position for which I am enlisting."
   
    	(1)  She acknowledged she had 4 existing loans in the disbursed amount of $20,500 and the total amount of repayment for qualifying loans will not exceed $20,000.

    	(2)  Section V (Termination Without Recoupment) outlines the circumstances when SLRP eligibility will be terminated and shows, in part, "I understand that my SLRP eligibility will be terminated if I" –

* "Accept a military technician position or Title 10 or Title 32 AGR tour"
* "Fail to become MOS qualified within 24 months after unit inactivation, reorganization, or relocation"
    	(3)  The applicant and enlisting official signed the form on 9 August 2007.

4.  Orders issued by the State of Ohio, Adjutant General's Department, Columbus, OH, pertaining to the applicant show she was ordered to active duty for special work (ADSW) at the Military Entrance Processing Station (MEPS), Gahana, OH:

* for recruiting support from 1 October 2007 to 31 May 2008
* as Global War on Terrorism Ready Reserve Noncommissioned Officer (NCO) from 1 June to 30 September 2008

5.  A DA Form 2166-8 (NCO Evaluation Report) for the period 1 October 2007 through 30 September 2008 shows the applicant performed duties as MEPS Administrative Liaison in duty MOS 42A2O.  The rater assessed her overall potential for promotion and/or service in positons of greater responsibility as "Among the Best."  The senior rater assessed her overall performance as "Successful (1)" and her overall potential for promotion and/or service in positions of greater responsibility as "Superior (1)."

6.  Two DA Forms 1059 (Service School Academic Evaluation Reports) show the applicant completed the Human Resources Specialist (MOS 42A1O) Course (Phases I and II) during the period 18 October through 14 November 2008.

7.  OHARNG, 112th Transportation Battalion, Green, OH, Orders 347-1, dated 12 December 2008, awarded the applicant primary MOS 42A2O, effective 
14 November 2008.

8.  The applicant entered the AGR program on 16 March 2009 and was promoted to:

* staff sergeant/pay grade E-6 on 16 March 2009
* sergeant first class/pay grade E-7 on 17 May 2012

9.  In support of her application, the applicant provides the following documents:

   a.  Applicant's request for an ETP for payment of the SLRP incentive in which she provided a summary of her enlistment in the OHARNG, training, and DMOSQ in MOS 42A.  She also offered information pertaining to the ARNG-HRM 13-003 memorandum that authorized the SLRP for AGR/MilTech personnel.


   b.  Her commander (Commander, Recruiting and Retention Battalion), recommended that her request for an ETP for payment of the SLRP incentive be approved and that no previous payments be recouped.  He stated the applicant enlisted for the SLRP incentive and it was her understanding that her USMC MOS was transferrable to the ARNG thus making her DMOSQ upon enlistment.

   c.  NGB, Arlington, VA, ARNG-HRM-13-003, memorandum, dated 14 March 2013, subject:  Disposition of SLRP Contracts for Select AGR and MilTech Personnel, that provides instruction on the disposition and/or submission of ETP requests for ARNG Soldiers that contracted for the SLRP and then accepted either an AGR or MilTech position between 9 October 2008 and 3 November 2010.  It also provided required actions that included, "Identify all SLRP contracts and those Soldiers that accepted an AGR or MilTech position between 9 October 2008 – 17 April 2009."  It further shows, "Authority is granted…to retain the SLRP incentive without requiring an ETP request for those Soldiers.  Soldiers whose SLRP contracts were terminated may be reinstated through the original contractual expiration date.  Contracts cannot be extended and loans cannot be added."

   d.  NGB, Arlington, VA, memorandum, dated 27 November 2013, subject:  Request for ETP for SLRP, denied the applicant's request to retain the $20,000 SLRP (incentive) as an ETP.  The State Incentive Manager was directed to terminate the incentive effective the date of the applicant's enlistment and relief of recoupment was granted.  (The memorandum makes no reference to NGB memorandum, ARNG-HRM-13-003, dated 14 March 2013.)

10.  Army Regulation 135-7 (Incentive Programs), in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.

	a.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

	b.  The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility.

11.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following:

   a.  contrary to a personnel policy or management objective;

   b.  against equity and good conscience; or 

   c.  contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant enlisted in the OHARNG on 9 August 2007 for a period of 6 years in MOS 42A and her enlistment agreement included the SLRP. She indicated that she had existing student loans in the amount of $20,500.

2.  Records show that during her prior military service in the USMC, the applicant served 4 years as an Administrative Clerk.

   a.  There is no indication in the available enlistment documents that shows the applicant was required to be DMOSQ upon enlistment as a prior service, non-current ARNG Soldier nor is there an MOSQ waiver rejection letter.  In fact, the signed and certified SLRP Addendum indicates the applicant was MOSQ upon enlistment.

   b.  Records show that less than 2 months after her enlistment in the ARNG, she was ordered to ADSW for a period of 1 year and assigned to duty positions in MOS 42A, in which she performed successfully.

   c.  Given the fact that the applicant was ordered to ADSW in MOS 42A for a period of 1 year shortly after her enlistment, it is not clear how the applicant was expected to attend training in MOS 42A (to become DMOSQ) within the first 
12 months of her enlistment.

   d.  Thus, it is reasonable to conclude that ARNG officials recognized the applicant was DMOSQ in 42A (from the date of her enlistment) based on the 


military training and experience that she possessed and brought to the ARNG from her prior military service in the USMC where she served in a similar MOS.

   e.  The applicant was officially afforded DMOSQ status following completion of the Army training course for MOS 42A, on 14 November 2008, which she completed less than 2 months after she was released from ADSW.

3.  The evidence of record shows the applicant entered the AGR program on 
16 March 2009 and that her SLRP was terminated.  The evidence of record also shows:

   a.  on 14 March 2013, the NGB announced guidance (ARNG-HRM-13-003) for SLRP contracts for select AGR and MilTech personnel; and

   b.  on 16 March 2013, her request for ETP for payment of the SLRP incentive was denied without any evidence the NGB (ARNG-HRM-13-003) policy guidance was considered.

4.  A review of the applicant's enlistment documents supports an incentive being offered at the time of enlistment.  She accepted an incentive offer made by the OHARNG in good faith and has otherwise fulfilled her obligations under the contract.  She also qualified for authorization to retain the SLRP incentive without requiring an ETP request as a Soldier who accepted either an AGR or MilTech position between 9 October 2008 and 3 November 2010.  Therefore, withholding payment of this incentive would be contrary to equity and good conscience and against the best interest of the Army.

5.  Thus, based on the circumstances surrounding this case, it would be in the best interest of the government to authorize the applicant's entitlement to the $20,000 SLRP incentive with no recoupment of the initial payment of $3,000.

6.  Therefore, in view of all of the foregoing, the applicant's records should be corrected, as recommended below.

BOARD VOTE:

____X___  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

   a.  showing she enlisted in the Army National Guard of the United States and Ohio Army National Guard on 9 August 2007 for a period of 6 years with the $20,000 SLRP incentive based on qualification in bonus MOS 42A;

   b.  voiding National Guard Bureau, Arlington, VA memorandum, dated 
27 November 2013, subject:  Request for Exception to Policy for Student Loan Repayment Program (pertaining to the applicant); and

   c.  showing she was granted authority to retain the SLRP incentive under the provisions of National Guard Bureau, Arlington, VA, ARNG-HRM-13-003, memorandum, dated 14 March 2013, subject:  Disposition of SLRP Contracts for Select Active Guard and Reserve and Military Technician Personnel, having accepted a position between 9 October 2008 and 3 November 2010.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination regarding the applicant's entitlement to the $20,000 Student Loan Repayment Program incentive, and it should be paid out of Army National Guard funds.



      __________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)                                         AR20140006867



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ABCMR Record of Proceedings (cont)                                         AR20140006867



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