BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140009224 


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) to retain his   Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states, in effect:

   a.  His first SLRP installment was approved and paid in 2010.  Due to the payment neither he nor the Iowa Army National Guard (IAARNG) Education Office had any reason to believe he was not compliant with the SLRP policy.

   b.  He submitted paperwork for SLRP installments for 2011, 2012, and 2013; however, he subsequently received a denial for the disbursements because he had not completed his military occupational specialty (MOS) schooling.
   
   c.  He requested an ETP to retain the incentive but he was denied.  If the 2010 SLRP disbursement had never been made and he and/or the IAARNG Education Office been made aware of any noncompliance, corrective action would have been taken in 2010.  In August 2011, he received his commission and was promoted to second lieutenant.
   
   d.  He further states he is willing to attend the enlisted MOS producing school as a first lieutenant, but it would cost the State of Iowa thousands of dollars to send him to a school just to "check the block."  He would not use any of the learned skills because he is filling a quartermaster position.


3.  The applicant provides:

* a self-authored statement
* three memoranda
* an Authorization for Release of Confidential Information
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to               DD Form 4 Prior Service Enlistment Bonus Addendum)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NGB 337 (Oaths of Office)

CONSIDERATION OF EVIDENCE:

1.  Having prior service in the U.S. Navy, the applicant enlisted in the IAARNG on    17 March 2009, for MOS 13D (Field Artillery Tactical Data System Specialist).

2.  An SLRP Addendum, signed by the applicant and a service representative on 17 March 2009, shows the applicant acknowledged that he met SLRP eligibility criteria:

* as a prior service applicant enlisting in the ARNG for a 6-year period
* held the primary MOS for the position for which he was enlisting
* enlisted in an MOS which was a critical skill authorized for SLRP 
* had two disbursed loans in the amount of $15,032.00 and that the total amount of repayment for qualifying loans would not exceed $20,000.00

3.  The addendum further stated and the applicant acknowledged his SLRP eligibility would be terminated with recoupment if he voluntarily contracted out of his contracted MOS.  

4.  His record is void of documentation showing he completed MOS training or that he was awarded MOS 13D.

5.  On 13 August 2011, he was honorably discharged to accept an appointment as a commissioned officer.  The NGB Form 22 (Report of Separation and Record of Service) issued at that time shows he did not hold an MOS.  Effective 
14 August 2011, he was appointed a second lieutenant in the IAARNG.  

6.  On 26 April 2012, he completed the Quartermaster Basic Officer Leader Course, and he continues to serve in the IAARNG.


7.  On 22 April 2014, the Deputy G-1, ARNG, NGB, denied a request for an ETP allowing the applicant to retain the SLRP and directed the State Incentive Manager to terminate the incentive with recoupment.  The memorandum states the applicant was not Duty MOS Qualified for the contracted SLRP incentive which violates Department of Defense Instruction (DODI) 1205.21.  It further states the applicant enlisted in the IAARNG as a former prior Navy member.  In accordance with DODI 1205.21, a prior service member must hold the skill for which enlisting.  The applicant's Navy skill did not convert to the Army MOS for which he was enlisting; therefore, he never met the incentive eligibility.  The applicant, having been erroneously paid, requires recoupment with no further payments due.

8.  He provides, in part:

   a.  a memorandum, dated 16 September 2013, from the IAARNG Education Service Officer, showing a discrepancy was discovered due to him not being awarded the MOS he contracted which authorized him the SLRP;
	
   b.  a self-authored memorandum, dated 17 September 2013, in which he states he did not attend 13D school because he injured his knee and was on temporary profile from 20 October to 26 November 2009.  During this time he began the application process for Officer Candidate School (OCS), was subsequently accepted, and was scheduled to begin OCS in February 2010.  His unit determined they did not have to pay to send him to 13D school since he was now scheduled for OCS; and

	c.  a memorandum, dated 29 October 2013, from the IAARNG G1 to the NGB, Chief, Education Incentives and Employment Division, recommending approval of the applicant's request for ETP to retain his SLRP incentive. 
 
9.   DODI 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the SLRP.  Paragraph E8.1.1.4 states eligibility under the SLRP continues unless an individual transfers to an ineligible military specialty.

DISCUSSION AND CONCLUSIONS:

1.  On 17 March 2009, the applicant (as a prior service applicant) enlisted for MOS 13D.  The SLRP addendum he signed at that time clearly stated that he had to hold the MOS he was enlisting in.  In accordance with DODI 1205.21, a prior service member is ineligible if he/she transfers to an ineligible military specialty.  

2.  Evidence shows the applicant voluntarily submitted an application to OCS and was subsequently appointed as a 2LT in the IAARNG in violation of his prior service enlistment contract. 

3.  Notwithstanding the applicant's contentions, the record fully supports the NGB's decision to terminate the applicant's SLRP incentive with recoupment.  

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)                                         AR20140009224



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ABCMR Record of Proceedings (cont)                                         AR20140009224



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