IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140014932 


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 allow him to retain the Student Loan Repayment Program (SLRP) incentive in the amount of $20,000.00.

2.  The applicant states:

	a.  He signed an SLRP contract on 29 January 2009.  His SLRP was terminated because he exceeded assignment in a military technician status for over 179 days which violated the Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 07-06.  The National Guard Bureau (NGB) denied his request for an exception to policy (ETP) to retain the SLRP incentive.

	b.  He accepted a temporary military technician position on 12 December 2012 to support an upcoming deployment as the unit movement officer.  He was advised at the time that he would not lose his SLRP incentive as long as he did not exceed 179 consecutive days in a temporary military technician status.  His first temporary military technician orders did not exceed 179 consecutive days, but his second temporary military technician orders exceeded the 179 consecutive days due to a change in supervisors and his resignation request not being processed.

	c.  His SLRP contract does not address the 179-day temporary military technician rule, so he could only trust those advising him.  He continually checked with his supervisors to ensure he was staying within the terms of his SLRP contract, only to find out after it was too late that he had violated his SLRP contract.

	d.  He was told on 29 March 2013 that the rule pertaining to his contract stated he would not exceed 179 days within a 12-month period.  This was not the guidance he received at the beginning of his temporary employment.  Support of his unit and his diligence to remain within the terms of his contract reflect his respect for military policies and standards; however, he has lost his SLRP benefits as a result of misdirected guidance from several sources.

	e.  He was not notified of any violation until he received a request for ETP for interest payments with the temporary military technician information.  Had he known the rule before accepting the temporary military technician position, he would have performed one term of temporary military technician duty for less than 179 days and resigned once he reached the 179-day point.

3.  The applicant provides:

* 179-day rule violation email
* notification of incentive discrepancy and ETP process
* resignation letter, dated 29 April 2013
* termination of employment letter, dated 30 August 2013
* Standard Forms 50 (Notification of Personnel Action)
* SLRP addendum
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* NGB ETP denial letter, dated 21 March 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 29 January 2009.  His NGB Form 600-7-5-R-E (SLRP Addendum), dated 29 January 2009, shows he enlisted for the SLRP in the amount of $20,000.00.  Section V (Termination without Recoupment) of this addendum states:  "I understand that my SLRP eligibility will be terminated if I accept a military technician position or Title 10 or Title 32 AGR [Active Guard Reserve] tour."

2.  On 21 August 2010, he was discharged from the ARNG to accept an appointment as a Reserve commissioned officer.  He was appointed as a second lieutenant in the ARNG effective 22 August 2010.  He was promoted to first lieutenant effective 22 February 2012.

3.  He provided Standard Forms 50 which show he accepted a military technician position effective 10 December 2012 and he resigned from this position effective 21 April 2013 due to lack of funding.

4.  He provided a Standard Form 50 which shows he accepted a military technician position as an aircraft pilot effective 5 May 2013.

5.  He provided a notification of incentive discrepancy with his SLRP contract, dated 22 May 2103, stating he erroneously received interest payments in the amount of $111.79 in Fiscal Years 2010 and 2011.

6.  He provided a memorandum from the Idaho ARNG Human Resource Officer, dated 30 August 2013, which states:

* his termination as a Federal technician is effective on 30 September 2013 unless he elects an earlier separation date
* this action is being taken due to loss of funds and no way reflects adversely on his performance or conduct
* an acknowledgement receipt of this notice was requested with a suspense date of 12 September 2013 and the applicant responded on 5 September 2013

7.  He provided a Standard Form 50 which shows his position title was changed from aircraft pilot to civil engineer effective 22 September 2013.  This form states all other conditions of employment remain the same and this action contains a change to lower grade and reassignment.

8.  He provided a Standard Form 50 which shows his military technician employment as a civil engineer was terminated effective 31 December 2013.

9.  On 21 March 2014, NGB disapproved the request for an ETP to retain the $20,000.00 SLRP incentive.  The NGB ARNG Deputy G-1 stated:

* the State Incentive Manager will terminate the incentive effective the date prior to the order to entering the military technician status
* any anniversary payment after the date of termination will be forfeited
* any amounts overpaid (paid for any service performed after termination date) will be recouped  
* the applicant became a temporary military technician in excess of 179 days of consecutive service after the contract start date which violates the ARNG SRIP 07-06
* he received payment for Federal student loan interest which violates ARNG SRIP 07-06
* the State Incentive Manager is not authorized to process any future interest payment(s) and any interest payment(s) received are granted relief from recoupment

10.  He provided a letter from the Planning, Programming and Real Property Branch Chief of the Idaho ARNG, dated 10 July 2014, which states:

	a.  The applicant asked him to write a letter to clarify the facts surrounding his hiring in September 2013.

	b.  The applicant was aware of the situation involving his SLRP and asked that a lapse of dates transpire from his temporary technician position with aviation and a move to another temporary technician position.

	c.  As the applicant's supervisor, he discussed this issue with the Human Resources Office and that office may not have fully understood or documented the request correctly.  As a result, continuous dates resulted.

	d.  To the best of his recollection, the break in service was originally requested on 30 September 2013, but they then had to adjust the applicant's hiring date from 1 October to 22 September due to the way the pay periods ended.  Then they attempted to ensure there was a break in service between 20 and 22 September 2013, but due to the impending Government shut down and the year-end work load, this did not occur.  It also appears there was personnel movement within the Human Resources Office at that time as there were termination, cancellation, and extension Standard Forms 50 produced for the applicant during this time frame.

11.  ARNG SRIP Guidance 07-06 states entitlement to an incentive will be terminated without recoupment when a member accepts an AGR position or a military technician position where membership in the ARNG is a condition of employment, and member has served at least 6 months of the incentive contract term.

DISCUSSION AND CONCLUSIONS:

1.  The applicant signed an SLRP Addendum in the amount of $20,000.00 on 29 January 2009.

2.  In March 2014, NGB disapproved the applicant's request for an ETP to retain the SLRP incentive and cited he became a temporary military technician in excess of 179 days of consecutive service after the contract starting date which violated ARNG SRIP 07-06.

3.  The evidence confirms:

	a.  He accepted a military technician position on 10 December 2012 and he resigned from this position due to lack of funding on 21 April 2013.

	b.  He accepted a military technician position on 5 May 2013, he was reassigned from an aviation position to a civil engineer position on 22 September 2013, and this employment was terminated on 31 December 2013.

4.  Although he contends his SLRP contract does not address the 179-day temporary technician rule, his SLRP Addendum clearly states that accepting a military technician position will result in termination of the SLRP benefits.  Therefore, there is no basis for granting the requested relief.

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 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)                                         AR20140014932



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ABCMR Record of Proceedings (cont)                                         AR20140014932



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