BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140007955 


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 show he is eligible for the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states, in effect:

	a.  Upon his enlistment, he and his recruiter were told he was eligible for the SLRP and the SLRP was included in his enlistment contract.

	b.  He has documentation showing he was told by a State (representative) that he would receive payments under the SLRP.

	c.  Once he applied for the SLRP incentive, his application was denied and he was not given an explanation for denial.  He was just told to submit an exception to policy (ETP) request memorandum.

	d.  He appealed the denial twice, but his appeals were denied.  The first time the facts were given for denial they did not match the facts of his case.  His second appeal was denied and the reason given was "the State should not have offered him the SLRP" incentive.

	e.  Instead of holding the State accountable, he was denied the incentive and any portion that he had received would be recouped.  He was then told he could not receive the SLRP incentive because he was an officer.

	f.  The people he was told to trust with his career told him he was eligible for the SLRP incentive.  The error could have been addressed prior to his commissioning date.

	g.  He feels as if he is being punished even though the State made the error.

	h.  For weeks, he has been scared to see what the final verdict on the SLRP incentive will be.  The entire mission to get the SLRP incentive he was promised has been eye opening and disheartening.

	i.  Throughout his early career, he was told to trust those around him.  He was told repeatedly that he was eligible for the SLRP incentive.  He was disheartened when he was told they made a mistake.

	j.  It left him with the illusion that the Army values are just ideals for privates to live up to.  Upon his commissioning, it was repeatedly hammered into him that any leader takes care of those for whom he has the honor of leading.  He does not feel that he was taken care of other than by Sergeant C____ who fought very hard for him.

	k.  He has been soul-searching since his second denial and he is trying to decide if the organization he has come to love is worthy of him.  He is not asking for much, he just wants what he was promised.

	l.  Mistakes were made, but not by him.  This issue could have been corrected, but it was not.  He is a simple man who does not make much money and any monies he makes he saves in order to visit his wife who is in the U.S. Marine Corps.  He should not have to sacrifice time with his family because someone else did not do their job.

3.  The applicant provides memoranda from the National Guard Bureau (NGB); email, dated 18 July 2011; and an SLRP/Officer Accession Bonus (OAB) statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Missouri Army National Guard (MOARNG) on 9 August 2010.  His Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment) shows he was assured training in military occupational specialty (MOS) 09S (Commissioned Officer Candidate).

2.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and/or his Guard Annex do not include the SLRP as part of his enlistment agreement.

3.  Section VIII (Statement of Acknowledgment and Understanding) of his Guard Annex includes the following statement:  "I have read and understand the statements above and that these statements are intended to constitute ALL promises and guarantees whatsoever concerning my enlistment.  No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored.  I hereby state that I have NOT been promised anything other than what is written on this form and hereby waive any claim based upon any promise or representation not annexed to my contract."

4.  On 8 September 2011, he executed the Oaths of Office in the rank of second lieutenant in the MOARNG and he was appointed as a Reserve commissioned officer of the Army the same day.

5.  He completed the Military Police (MP) Basic Officer Leader Course on 20 June 2012.  He was promoted to the rank of first lieutenant on 8 March 2013.

6.  In a memorandum, dated 18 June 2013, the NGB denied the applicant's request for an ETP for the SLRP incentive and stated the following:

	a.  The applicant did not contract for the incentive at the time of enlistment, which violates Department of Defense instructions.

	b.  The bonus control number (BCN) was requested after the date of enlistment which violates ARNG instructions.

	c.  A review of the enlistment documents does not substantiate the SLRP being contracted at the time of enlistment.

7.  In a memorandum, dated 3 October 2013, the NGB denied the applicant's second request for an ETP for the SLRP incentive.  The NGB stated that upon the State's request for a second review, the original disposition stands.  The documentation presented confirms a pre-approval of loans if the applicant met all other eligibility criteria for the SLRP incentive.  A review of the applicant's DD Form 4 and DD Form 1966 (Record of Military Processing) validates the applicant did not enlist in MOS 31B (Military Police) for which the BCN was requested and then approved on 23 October 2009.  The applicant contracted for the MOS 09S enlistment option on 9 August 2010 and the SLRP was not contracted because the MOS 09S enlistment option did not authorize the incentive until 19 October 2010.

8.  The applicant provided email, dated 18 July 2011, in which an NGB representative informed him that he did not qualify for an OAB because he was a participant in the SLRP incentive.  He also provided an SLRP/OAB statement in which he acknowledged he understood he was not eligible for the $10,000.00 OAB because of the SLRP incentive he received.

9.  Army Regulation 135-7 (Incentive Programs) 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 MOS's and units which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.

10.  Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to:  (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.  Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.  Paragraph (2)(b) states a skill may be designated for an Armed Force under subparagraph (a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill.  Subparagraph (b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

11.  Paragraph 14o of NGB Selected Reserve Incentive Program Guidance for Fiscal Year 2007 (Policy Number 07-06), dated 10 August 2007 and updated annually through March 2010, provides that in order to be eligible for receipt of the OAB, applicants must sign their bonus addenda on the date they accept their appointment/commission and meet the following eligibility requirements:

	a.  agree to serve as an officer for a period of not less than 6 years on active drilling status and meet all the required eligibility;

	b.  agree to serve in a critical skill area of concentration (AOC) as defined by the ARNG;

	c.  not accept an appointment as an officer or warrant officer for the purpose of qualifying for employment in a military technician or Active Guard Reserve position; and

	d.  not receiving and will not receive the following benefits during the period of service for which contracted:  Health Professions Stipend Program, Education Loan Repayment Program, Other Educational Assistance Programs – U.S. Marine Corps Platoon Leaders Class College Tuition Assistance Program, Reserve Officers' Training Corps (ROTC) Financial Assistance Program for Specially Selected Members, ROTC Financial Assistance Program for Specially Selected Members Army Reserve and ARNG, or Senior Health Care Professionals in Critically Short Wartime Specialties.

12.  Paragraph 14p also states the ARNG offers a $10,000.00 OAB to newly-commissioned officers and newly-appointed warrant officers who agree to serve 6 years in a modified table of organization and equipment (MTOE) unit in a valid AOC.  The MTOE OAB will be paid in two 50-percent installments.  The first 
50-percent installment ($5,000.00) will be paid upon successful completion of an officer basic course as applicable, and the second and final installment of 
50-percent will be processed for payment on the third anniversary of commission or appointment.

13.  The ARNG Selected Reserve Incentive Program Officer Accession Critical Skill List for Fiscal Year 2011 shows AOC 31A (MP) is listed as a critical skill for the MOARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show authorization for the SLRP incentive.

2.  The available evidence shows the applicant enlisted in the ARNG in August 2010.  However, there is no mention of the SLRP incentive in his enlistment contract and/or Guard Annex.

3.  His Guard Annex includes an entry indicating he understood that no other (verbal or otherwise) promise or representation not annexed to his enlistment contract was valid or would be honored.  He also acknowledged that he had not been promised anything other than what was written on the form, which did not include the SLRP incentive.

4.  His argument and the documentation he provided were carefully considered; however, without evidence showing the SLRP incentive was part of his enlistment agreement, there is no basis to grant the requested relief.

5.  Although he should not be granted participation in the SLRP, the evidence shows he was eligible to receive an OAB in the amount of $10,000.00 at the time he accepted his commission.  Therefore, as a matter of equity, it would be appropriate to correct his records to show he timely executed an OAB Written Agreement, that it was timely approved and assigned a BCN, and to pay him the OAB in the amount of $10,000.00.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by showing he completed an OAB Written Agreement on 8 September 2011, it was assigned a BCN, the document was properly signed by all required officials, and paying him the OAB in the amount of $10.000.00, less applicable taxes.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show he was eligible for participation in the SLRP.



      ___________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)                                         AR20140007955



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ABCMR Record of Proceedings (cont)                                         AR20140007955



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