IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140014099
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, reinstatement of her Student Loan Repayment Program (SLRP) incentives.
2. The applicant states, in effect, that shortly after she reenlisted in the North Dakota Army National Guard (NDARNG) under the SLRP her husband was transferred to MacDill Air Force Base in Florida and she had to take a reduction in grade and inter state transfer to the Florida Army National Guard (FLARNG). It has been 3 years since her transfer and now the FLARNG has informed her that they will no longer uphold her SLRP agreement because she made a voluntary move to Florida and because there were errors in her contract. Her move was not voluntary as it was caused by orders moving her husband and the move was paid for by the Government. Additionally, she finds it unjust for her to lose her SLRP benefits because she chose to follow her husband to Florida.
3. The applicant provides copies of her request for an exception to policy and denial by the National Guard Bureau (NGB), her request for interstate transfer, and Annex L to her reenlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the NDARNG on 28 April 2005 for a period of 8 years and training as an automated logistic specialist. She completed her training and returned to her unit. She deployed to Iraq during the period 25 August 2007 to 6 June 2008 and was promoted to the rank of sergeant E-5 on 8 May 2008.
2. The applicant changed her last name on 20 July 2010 due to marrying an Air Force member stationed in North Dakota.
3. On 4 March 2011, the applicant extended her enlistment for a period of 6 years, participation in the SLRP and a Reenlistment Extension Bonus (REB). Her addendum shows that she agreed to serve 6 years in military occupational specialty (MOS) 12T (Technical Engineer). She also acknowledged that she understood her SLRP benefits would be terminated if she voluntarily transferred to an ineligible military specialty (Section VI of her addendum).
4. On 12 August 2011, the applicant signed an NGB Form 22-5 (Addendum to DD Form 4) wherein she acknowledged that she voluntarily agreed to transfer inter-state to the FLARNG for assignment to a unit in Pinellas Park, Florida in MOS 88M1O (Motor Transport Operator). The applicant also agreed to accept a reduction rank in order to accept the assignment.
5. On 4 March 2014, the NGB denied the applicants request for an exception to policy to retain her SLRP incentive, in effect, because she had transferred out of her contracted MOS. The NGB directed that recoupment action be initiated effective the date she voluntarily transferred out of her contracted MOS.
6. She was again promoted to the rank of sergeant on 19 July 2013 in MOS 92A2O.
7. A review of the available records failed to show any evidence showing that she attempted to transfer to a FLARNG unit in MOS 12T (her contracted MOS) or another critical skill MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that she should be allowed to retain her SLRP incentives because she was involuntarily transferred to Florida due to her husbands military reassignment has been noted and appears to lack merit.
2. It is a well known fact that the military services attempt to keep military service members who are married to other military service members together as best they can. However, it is not always possible as the needs of the service must always come first and there may not be a vacant position for the other member. This is a fact that all service couples must accept. The fact that the applicant elected to transfer to the FLARNG does not make the transfer involuntary.
3. The evidence in this case clearly shows that the applicant contracted in MOS 12T and acknowledged that she understood that her SLRP benefits would be terminated if she voluntarily transferred to an ineligible military specialty. The applicant has provided no evidence to show that she transferred to MOS 12T in the FLARNG or any other critical specialty.
4. Inasmuch as her transfer was volitional and she did not fulfill the provisions of her contract by serving the entire period in her contracted MOS or any other critical MOS, it appears she is not entitled to retain her SLRP benefits.
5. Accordingly, there appears to be no basis to grant her request.
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) AR20140014099
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ABCMR Record of Proceedings (cont) AR20140014099
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