IN THE CASE OF:  

		BOARD DATE:  29 January 2015	  

		DOCKET NUMBER:  AR20140009094 


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 entitlement to the $20,000.00 Student Loan Repayment Program (SLRP) incentive that he contracted for upon enlistment in the Army National Guard (ARNG).

2.  The applicant states that the SLRP Addendum that was prepared at the Military Entrance Processing Stations (MEPS) when he enlisted in the ARNG was an obsolete version of the form.  As a result, the ARNG has denied his request for exception to policy (ETP) for the SLRP incentive.  He states that he was not a subject matter expert in the SLRP, he placed his trust in MEPS personnel who were responsible for preparing the SLRP forms, and the error was not his fault.

3.  The applicant provides copies of –

* two SLRP addenda (the obsolete and current versions)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* request for ETP for payment of the SLRP incentive with chain of command endorsements and National Guard Bureau (NGB) denial

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the U.S. Navy in military occupational specialty (MOS) 8404 (Medical Field Service Technician) from 
13 May 1991 through 12 August 1996.
2.  He had a break in military service from 13 August 1996 to 14 April 2009.

3.  A DD Form 4 shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Wyoming ARNG (WYARNG) on 15 April 2009 for a period of 
6 years.  

   a.  Attached to the DD Form 4 are a –

* DA Form 5435-R (Statement of Understanding – The Selected Reserve Montgomery GI Bill (MGIB))
* NGB Form 5435-R, revised 27 August 2008, Annex K (MGIB Kicker Incentive Addendum – ARNGUS)
* NGB Form 600-7-5-R-E, revised 25 September 2007, Annex L (SLRP)
* NGB Form 600-7-6-R-E, Revised 10 August 2007, Annex X (Prior Service Enlistment Bonus (PSEB) Addendum)

   b.  Annex L to DD Form 4 shows the applicant was enlisting as a prior service applicant for a minimum of 6 years in a non-critical skill MOS in the ARNGUS. The addendum specifies the terms of the SLRP including eligibility criteria, terms, entitlement and payments, suspension, termination, authentication, and certifications.  It also shows, "I am enlisting in the State critical skill MOS of '68W' (Health Care Specialist) which is a 'non-critical' MOS authorized for SLRP."

    	(1)  He acknowledged he had two (2) existing loans in the disbursed amount of $19,799.21 and that the total amount of repayment for qualifying loans will not exceed $20,000.00.

    	(2)  Section V (Termination) outlines the circumstances when SLRP eligibility will be terminated and shows, in pertinent part, "I understand that my SLRP eligibility will be terminated if I…fail to become MOS qualified within 
24 months after unit inactivation, reorganization, or relocation."  (There is no other reference to Duty MOS Qualification (DMOSQ).)
   
    	(3)  The applicant and enlisting official signed the form on 15 April 2009 and it shows the Bonus Control Number (BCN) "S09040005WY."

4.  Three DA Forms 1059 (Service School Academic Evaluation Reports) show the applicant completed the Health Care Specialist (MOS 68W1O) Course (Phases I, II, and III) during the period 23 January 2010 through 17 March 2010.

5.  State of Wyoming, Adjutant General's Office, Cheyenne, WY, 
Orders 082-022, dated 23 March 2010, awarded the applicant Primary MOS (PMOS) 68W1O, effective 23 March 2010.
6.  NGB, Arlington, VA, memorandum, dated 15 August 2012, subject:  Request for ETP for PSEB approved the applicant's request to retain the $15,000.00 PSEB offered at the time of enlistment on 15 April 2009.  The Deputy G1, ARNG, noted the applicant enlisted for the PSEB in Critical Skill MOS 68W.  It shows, "[a]lthough MOS 68W cannot be validated as an authorized critical skill, a review of the applicant's DD Form 4 supports an incentive being offered at the time of enlistment.  [The applicant] accepted an incentive offer made by the WYARNG in good faith, and has otherwise fulfilled his obligations under the contract as of this [sic] date of this request.  Therefore, withholding payment of the incentive would be contrary to equity and good conscience and against the best interest of the Army."

7.  In support of his application the applicant provides the following documents.

   a.  NGB Form 600-7-5-R-E, version 1 March 2009, Annex L to DD Form 4 (SLRP – ARNGUS).  The addendum specifies the updated terms of the SLRP including eligibility criteria, terms, entitlement and payments, suspension, termination, authentication, and certifications.

   b.  His request for an ETP for payment of the SLRP incentive, dated 20 June 2013.  He explained that MEPS officials did not complete the current version of the SLRP Addendum when he enlisted in the ARNG.  He indicated that he had honored the terms of his contract and requested the ARNG to do the same.

   c.  Headquarters, 94th Troop Command, Laramie, WY, memorandum, dated 20 June 2013, subject:  Request for ETP for SLRP, that shows the applicant's commander recommended approval of the applicant's request based on the fact that the applicant met all obligations of his contract and bonus addendum, and the administrative error was no fault of the Soldier.

   d.  State of Wyoming, Adjutant General's Office, Cheyenne, WY, memorandum, dated 3 July 2013, subject:  Request for ETP for SLRP, that shows the Deputy, Deputy Chief of Staff for Personnel, recommended approval of the applicant's request based on the fact that, unknown to the applicant at the time of his enlistment, he signed an obsolete SLRP Addendum.  The applicant placed his trust in the service representative having the knowledge and experience in the area of enlistment processing and the applicant was not at fault.  He added that the applicant had remained in good standing with the WYARNG and followed his contractual obligations.

   e.  NGB, Arlington, VA, memorandum, dated 4 December 2013, subject:  Request for ETP for SLRP, that denied the applicant's request to retain the “$50,000.00” SLRP incentive as an ETP.  The State Incentive Manager (IM) was directed to terminate the incentive effective the date of the applicant's enlistment; however, relief of recoupment was granted.  The basis for the denial was the applicant was not DMOSQ for the contracted incentive which violated Department of Defense Instructions 1205-21 (Reserve Component Incentive Program Procedures) and the SLRP addendum is incorrect, which violates ARNG Selected Reserve Incentive Program (SRIP) 07-06 Updated (1 March 2009 to 15 June 2010).

8.  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.

9.  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 WYARNG on 15 April 2009 for a period of 6 years in MOS 68W and his enlistment agreement included the SLRP.  He indicated that he had existing student loans in the amount of $19,799.21.

2.  Records show that during his prior military service in the U.S. Navy, the applicant served more than 3 years as a Medical Field Service Technician.

   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.

   b.  It is reasonable to conclude that ARNG officials recognized the applicant was DMOSQ in 68W (from the date of his enlistment) based on the military training and experience that he possessed and brought to the ARNG from his prior military service in the U.S. Navy where he served in a similar MOS.

   c.  In any event, the applicant completed the Army training course for MOS 68W and was awarded PMOS 68W1O, on 23 March 2010, thereby establishing his DMOSQ status.

3.  The evidence of record shows that officials involved in the applicant's enlistment processing prepared a version of the SLRP Addendum that was superseded on 1 March 2009 (i.e., 45 days prior to his enlistment).  Although the SLRP Addendum was an obsolete version, it shows the applicant and a service representative both placed their signatures on the form and the WYARNG State IM issued a BCN authorizing the SLRP incentive.

4.  The evidence of record also shows that, on 15 August 2012, the Deputy G1, ARNG, acknowledged that officials involved in the applicant's enlistment processing erred in the processing of his PSEB.  The Deputy G1 stated that although MOS 68W could not be validated as an authorized critical skill, a review of the applicant's DD Form 4 supported an incentive being offered at the time of enlistment, that the applicant accepted an incentive offer made by the WYARNG in good faith, and had otherwise fulfilled his obligations under the contract as of the date his request.  Accordingly, the NGB authorized payment of the PSEB because to do otherwise would be contrary to equity and good conscience and against the best interest of the Army.



5.  The evidence of record shows officials involved in the applicant's enlistment processing also erred in the processing of his SLRP incentive.  A review of the applicant's enlistment documents supports an SLRP incentive being offered at the time of enlistment, the applicant accepted the incentive offer made by the WYARNG in good faith, and he has otherwise fulfilled his obligations under the contract.  Therefore, withholding payment of the SLRP incentive would be contrary to equity and good conscience and against the best interest of the Army.

6.  The rationale the NGB used in authoring payment of the PSEB also applies with respect to the SLRP incentive.  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 $20,000.00 SLRP incentive with no recoupment of any payment(s) that may have been made.

7.  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:

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 Army National Guard records of the individual
concerned be corrected by:

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


   b.  showing, on 15 April 2009, an authorized Student Loan Repayment Program Addendum was completed with a total amount of repayment for qualifying loans not to exceed $20,000.00, that it was assigned a Bonus Control Number, the document was properly signed by all required officials/individuals, and authorizing payment of the Student Loan Repayment Program incentive in accordance with the terms of the program.




      _______ _   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)                                         AR20140009094



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ABCMR Record of Proceedings (cont)                                         AR20140009094



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