IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140014088 


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 $50,000.00 Student Loan Repayment Program (SLRP) incentive that she contracted for upon enlistment in the Army National Guard (ARNG).

2.  The applicant states she is being denied the SLRP due to an administrative error by the National Guard Bureau (NGB) by not uploading the correct contract and addendum into her Official Military Personnel File (OMPF). 

   a.  She enlisted in the ARNG on 30 June 2011 in an Inactive National Guard (ING) status.  This was done at the Military Entrance Processing Station (MEPS) so that she could retake the Army Services Vocational Aptitude Battery to improve her general technical score and become eligible for Officer Candidate School (OCS).  She was only in an ING status for 1 month and 8 days.

   b.  On 9 August 2011, she signed another contract with an SLRP Addendum, but the documents were not uploaded into the system.  As a result, she is being shown as ineligible for the SLRP bonus because she was in an ING status.

   c.  She submitted a request for SLRP as an exception to policy (ETP), but 
the NGB denied her request on 1 April 2014.  However, the correct contract and addendum was not uploaded into the system until 9 April 2014.  She was advised she should have waited until the correct contract was uploaded.  She adds the NGB is not accepting requests for reconsideration of SLRP ETP denials.

3.  The applicant provides copies of her 9 August 2011 enlistment documents, NGB SLRP ETP decision memorandum, and email messages.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Georgia ARNG (GAARNG) on 30 June 2011 for a period of 
1 year.  It also shows that she must serve a total of 8 years (i.e., her military service obligation).  She was authorized enlistment in grade E-4 based on having a college degree of at least 4 years duration.

   a.  Attached to the DD Form 4 are a(n) –

* Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment (Guard Annex)
* NGB Form 600-7-1-R-E, Annex E (Non-Prior Service Enlistment Bonus (NPSEB) – ARNG) Addendum
* DA Form 5435 (Statement of Understanding – The Selected Reserve Montgomery GI Bill (MGIB))
* ARNGUS MGIB Selective Reserve Kicker (MGIB-K) Incentive Addendum
* NGB Form 600-7-5-R-E, Annex L (Enlisted Loan Repayment Program (ELRP)) Addendum

   b.  The Guard Annex shows, in pertinent part, in –

(1) Section III (Explanation to Applicant) –

* I am enlisting for ARNG Recruit Force Pool (RFP).  I am contracting to serve in the ING for a period not to exceed one year.
* I understand that as an RFP member I am required to contract to enlist in the Selected Reserves and will negotiate all educational and enlistment incentives at that time.  If I fail to enlist in the Selected Reserve within 365 days, I will be discharged from the ING.

   	(2)  Section IV (Acknowledgement) –

* I have enlisted in the following ARNG unit:  876th Engineer Company, Toccoa, GA
* I will report back to MEPS on 21 November 2011
* I have been assured of attending the school course for military occupational specialty (MOS) 12K (Plumber)
   	
   	(3)  The applicant and enlisting official signed the form on 30 June 2011.

   c.  Annex L to DD Form 4 shows the applicant was enlisting in the ARNGUS and that she met the eligibility criteria as a NPS applicant enlisting in an ARNG unit for a term of not less than 6 years and in the ARNGUS with a concurrent statutory military obligation of 8 years.

    	(1)  She acknowledged she had ten (10) existing loans in the disbursed amount of $90,000.00 and that the total amount of repayment for qualifying loans will not exceed $50,000.00.

    	(2)  Section IV (Suspension) shows, in pertinent part, "I understand that I may be suspended from Enlisted Loan Repayment eligibility if I enter a period of non-availability (placement in the ING).  Maximum periods of non-availability are: one (1) year for personal reasons and three (3) years for missionary obligations."

    	(3)  Section V (Termination Without Recoupment) outlines circumstances when SLRP eligibility will be terminated.  It shows, "I understand that I may be terminated from bonus eligibility for any of the following reasons [in pertinent part]:  Failure to return to active status within the approved time period for non-availability or to extend my enlistment to cover the period of time served in an inactive status within 90 days of return to active status.  Termination will be effective the date of the order to the ING."
   
    	(4)  The applicant and enlisting official signed the form on 30 June 2011 and it shows the Bonus Control Number (BCN) "3570341."

2.  An NGB Form 22B (ARNG RFP Report) shows the applicant entered the RFP on 30 June 2011 and departed the RFP on 9 August 2011.

3.  A DD Form 4, as corrected by a DA Form 4187 (Personnel Action), dated 24 August 2011, shows on 9 August 2011, the applicant enlisted in the ARNGUS for a period of 7 years and 47 weeks and in the GAARNG for a period of 6 years.  She was authorized enlistment in grade E-4.

   a.  Attached to the DD Form 4 are a(n) –

* Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment (Guard Annex)
* DA Form 5435 (MGIB Addendum)
* NGB Form 600-7-5-R-E, Annex L (ELRP Addendum)
   
   b.  The Guard Annex, Section III (Explanation to Applicant), in pertinent part, shows she was enlisting for training in MOS 09S (Commissioned Officer Candidate) with a reporting date to the MEPS of 31 October 2011 for training at Fort Sill, OK.  The applicant and her recruiter placed their signatures on the document.

   c.  Annex L to DD Form 4 shows, in pertinent part, in –

    	(1)  Section III (Acknowledgement) additional instructions for "NPS/Prior Service 09S (Officer Candidate) applicants" –

* I am not a Commissioned Officer, Active First participant, Glossary NPS, or currently serving in the RFP.
* I am enlisting into the ARNG under the 09S option for a service obligation of either a 6x2 or 8x0 for an SLRP incentive of up to $50,000.00.
* An applicant enlisting under the 09S option is exempt from the requirements in the Duty MOS Qualification (DMOSQ) paragraph and may fill either an officer of enlisted position.
* I am required to complete [the] Basic Officer Leadership Course (BOLC) within 24 months of upon [sic] successful completion of OCS.
* Additional requirements may be announced through annual Selective Reserve Incentive Program.

    	(2)  Section V (Loan Repayment), in pertinent part –

* Payment will be processed on the anniversary date of enlistment/ reenlistment/extension for each satisfactory year of service, subject to the availability of funds.
* Anniversary payments will not exceed 15% of the initial remaining outstanding balance(s) plus yearly interest, or $500, whichever is greater, for loan(s) that are at least a year old on the anniversary.  The payment amount cannot exceed 15% of the total SLRP incentive.  Example:  If the Soldier's total SLRP incentive is $50,000, the annual payment cannot exceed $7,500, inclusive of interest.


    	(3)  Section XI (Recoupment Not Authorized) – Commanders will not recoup for any of the following reasons –

* Acceptance of an immediate appointment as a commissioned officer or warrant office in any component of the Army excluding the Individual Ready Reserve or ING.
* An enlisted Soldier accepting an appointment as a commissioned officer or warrant officer is not subject to recoupment.

    	(4)  The applicant and enlisting official signed the form on 9 August 2011 and it shows the BCN "3600770."

4.  The Adjutant General, State of Georgia, Ellenwood, GA, Orders 237-946, dated 25 August 2011, attached the applicant to Detachment 1, Recruiter Sustainment Program, Dobbins Air Reserve Base, GA, effective 10 August 2011.

5.  MEPS, Fort Gillem, GA Orders 1304013, dated 19 October 2011, as amended by Orders 1304019, dated 19 October 2011, ordered the applicant to initial active duty for training (IADT) at 95th Adjutant General Battalion, Fort Sill, OK, on 31 October 2011 for a period of 13 weeks for training in MOS 09S1O.

6.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from IADT on 5 February 2012 based on completion of required active service and transferred to the 138th Chemical Company, Kennesaw, GA.  It also shows she completed the Commissioned Officer Candidate course.

7.  Orders attached the applicant to Detachment 10, Recruiter Sustainment Program, Calhoun, GA, effective 26 February 2012, for a period of 2 years.

8.  The Adjutant General, State of Georgia, Ellenwood, GA, Orders 209-853, dated 27 July 2012, show the applicant was relieved from a platoon leader duty position and reassigned to another platoon leader duty position effective 26 July 2012.  The orders also show she was assigned to the 138th Chemical Company, Kennesaw, GA, and attached to Headquarters, 122nd Regiment, Marietta, GA.

9.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 30 June 2011 and was honorably discharged from the ARNGUS and GAARNG on 2 August 2013 to accept an appointment as a commissioned officer.  

10.  She was appointed as a Reserve commissioned in the ARNG with the rank of second lieutenant on 3 August 2013.
11.  A DD Form 214 shows the applicant was ordered to ADT on 17 August 2014, honorably released from ADT on 5 December 2014 based on completion of required active service, and transferred to Headquarters and Headquarters Detachment, 201st Support Group Regional, Marietta, GA.  It also shows she completed the 15-week Quartermaster BOLC and was awarded area of concentration (AOC) 90A (Quartermaster, General).

12.  In support of her application the applicant provides the following documents.

   a.  A memorandum issued by the Deputy G1, ARNG, NGB, Arlington, VA, dated 1 April 2014, subject:  Request for ETP for SLRP, that shows the applicant's request to retain the $50,000.00 SLRP was denied.

    	(1)  The NGB official noted that the applicant's SLRP contract violates the Fiscal Year 2009 ARNG - Chaplain, Health Profession, and ELRP because she –

* contracted for an incentive while in an ING status
* failed to complete MOS training within the required amount of time

    	(2)  He also noted her contracted MOS was 12K and her current AOC is 90A.

    	(3)  The NGB official concluded that, remaining consistent within NGB review guidelines, the applicant's request for ETP cannot be granted.

    	(4)  Accordingly, the State Incentive Manager (IM) was instructed to terminate the applicant's SLRP incentive with recoupment effective the date of enlistment in the RFP (30 June 2011).

   b.  An email message string between the applicant and GAARNG SLRP/State IMs, during the period 27 March to 3 June 2014, that show efforts to clarify her ING/active status and to appeal the NGB SLRP ETP decision to deny SLRP payment.  The messages include information indicating the NGB advisory relied upon her 30 June 2011 enlistment contract because the 9 August 2011 enlistment contract had not been uploaded.

13.  Army Regulation 135-7 (Incentive Programs), in pertinent part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by 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.

14.  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 ARNGUS/GAARNG (RFP in an ING status), on 30 June 2011, for a period of 1 year in MOS 12K and her enlistment agreement included the SLRP.

   a.  She indicated that she had existing student loans in the amount of $90,000.00 and understood that the total amount of repayment for qualifying loans will not exceed $50,000.00.  In addition, an SLRP addendum was completed with a BCN and both the applicant and enlisting official signed the document.

   b.  She also acknowledged that she was required to contract to enlist in the Selected Reserves within 1 year and would negotiate all educational and enlistment incentives at that time.  

   c.  Records show the applicant was discharged from the RFP (ING status) on 
8 August 2011.
2.  On 9 August 2011, she completed an enlistment contract and enlisted in the ARNGUS for a period of 7 years and 47 weeks and in the GAARNG for a period of 6 years.

   a.  At that time, she completed another SLRP Addendum for the purpose of negotiating her educational incentives.  She acknowledged that she was enlisting into the ARNG under the 09S option with an SLRP incentive of up to $50,000.00. The SLRP addendum was completed with a new BCN and both the applicant and enlisting official signed the document.

   b.  The terms of her enlistment contract show that as an applicant enlisting under the 09S option she was exempt from the DMOS criteria and requirements.

   c.  She completed OCS on or about 5 February 2012.

   d.  She was required to complete the BOLC within 24 months of successful completion of OCS.  However, she was not discharged from the ARNGUS and GAARNG as an enlisted Soldier until 2 August 2013.

   e.  She was appointed as a Reserve commissioned officer on 3 August 2013 and she completed BOLC on or about 5 December 2014.

   f.  Thus, in view of the fact that the applicant was continued in an enlisted status for nearly a year and a half before she was appointed as a commissioned officer, it is concluded that the applicant timely satisfied the BOLC requirement.

3.  The evidence of record shows that an enlisted Soldier accepting an appointment as a commissioned officer is not subject to SLRP recoupment.

4.  The evidence of record also shows the NGB decision to deny the applicant's SLRP was based on her enlistment in the ARNG ING on 30 June 2011. However, it appears the applicant's compliance with the terms of that contract and her subsequent enlistment in the ARNGUS/GAARNG for the 09S training option with the SLRP incentive was not considered when her request for SLRP ETP was denied.

5.  The applicant's enlistment documents support an SLRP incentive being offered at the time of enlistment on 9 August 2011 in the ARNGUS and GAARNG, the applicant accepted the incentive offer made by the GAARNG in good faith, and she has otherwise fulfilled her obligations under the contract (to date).  Thus, denial of the SLRP incentive with recoupment would be contrary to policy, equity, and against the best interest of the Army.
6.  Based on the evidence of record and circumstances surrounding this case, it would be in the best interest of the government to authorize the applicant's entitlement to the $50,000.00 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 
1 April 2014, subject:  Request for Exception to Policy for Student Loan Repayment Program (pertaining to the applicant); and

   b.  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)                                         AR20140014088



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ABCMR Record of Proceedings (cont)                                         AR20140014088



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