IN THE CASE OF:  

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140016824 


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 record to show she is eligible for the Student Loan Repayment Program (SLRP) and cancellation of the recoupment action.

2.  She states, in effect, she was guaranteed an SLRP incentive up to $20,000 when she joined the Army National Guard (ARNG) in November 2008.  She adds she was enrolled in the SLRP in November 2010 after being commissioned.  She states her first payment was made in July 2012 after the National Guard Bureau (NGB) reviewed her packet.  She explains:

* She signed a contract with the Army Senior Reserve Officers' Training Corps (ROTC) in January 2009
* She had no opportunity to receive an enlisted military occupational specialty (MOS) due to being enrolled in an accelerated course
* She completed ROTC in three semesters
* She was assured that she would be enrolled in the SLRP despite the fact that she could not complete basic and advanced individual training 
* She declined her Officer Accession Bonus of $10,000 as a condition of her acceptance of the commission
* Paperwork was submitted in August 2012 for the second loan payment 
* In December 2012, paperwork was submitted for a third loan payment
* On 17 December 2013, she received an email stating she was not eligible for the SLRP due to not receiving an MOS prior to being commissioned


3.  She provides:

* NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document) Non-Prior Service Enlistment Bonus (NPSEB) Addendum ARNG of the United States) 
* Applicant's Exception to Policy (ETP) Requests for the SLRP, dated 
16 June 2011 and 6 January 2014
* Statement of support, dated 6 January 2014
* Numerous email 

CONSIDERATION OF EVIDENCE:

1.  On 26 November 2008, the applicant enlisted in the ARNG for 6 years in MOS 21C (Bridge Crewmember).

2.  An NGB Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum ARNG of the United States) indicates that she was entitled to loan repayment under the SLRP in connection with her enlistment.  Item 1 of the addendum states "I am a Non-Prior Service applicant.  I am enlisting for a term of service of at least
6 years in the ARNG of the United States with a concurrent statutory military service obligation of 8 years."

3.  In Section V - Termination Without Recoupment of the SLRP Addendum, the applicant signed the addendum indicating that she understood that her SLRP eligibility would be terminated if she failed to become MOS qualified within 
24 months after unit inactivation, reorganization, or relocation and/or became a contracted simultaneous membership program (SMP)/ROTC cadet or received an ROTC scholarship.

4.  Annex E to the applicant's enlistment contract, NPSEB Addendum, shows she was also entitled to a $20,000 bonus for a 6-year enlistment.  The addendum stated the $20,000 bonus would be paid in two installments:  the first installment of 50 percent processed for payment upon successful completion of Initial Active Duty Training (IADT) and award of the MOS for which she enlisted.  The final 
50-percent installment would be processed for payment on the 36-month anniversary of the date of her enlistment.

5.  On 22 January 2009, she enrolled as an ROTC scholarship cadet and enlisted in the ARNG under the SMP the following day.

6.  On 8 May 2010, the applicant signed a statement verifying that she received a dedicated ARNG scholarship while attending Truman State University.  "Because of that, I realize I am not eligible for an officer accession bonus."
7.  On 29 July 2010, she was appointed as a Reserve commissioned officer in the rank of second lieutenant.

8.  She provided numerous email that show the following:

   a.  During 2011, the applicant was in constant contact with the Missouri ARNG Education Incentive Manager (IM) concerning payment of her student loans under the SLRP.  On 12 May 2011, she was informed that her SLRP should have been terminated on 22 January 2009, when she signed her ROTC Cadet Contract.  He quoted her SLRP Addendum concerning termination and stated that she may request an ETP.
   
   b.  On 16 June 2011, the applicant requested an ETP consideration for eligibility of the SLRP incentive.  On 22 September 2011, the MOARNG Education IM informed the applicant that her SLRP was fixed and she was eligible to retain her benefit.  He stated that when her ETP packet finally hit review, it was discovered that even though the ROTC/SMP termination clause was still in the contracts, it had been removed from law by an exception granted under the Secretary of Defense for Personnel and Readiness on 17 September 2007.  Since she contracted for the SLRP after that date, she was exempt and could retain the SLRP incentive.

	c.  On 19 July 2012, in an email from the Education and Incentives Support office, a representative informed the applicant that the NGB reviewed and approved her annual SLRP payment.  The representative stated that office had issued a request for payment to her lending institutions in the amount of $3,000 for Fiscal Years (FY) 2010, 2011, and 2012.

	d.  On 10 December 2013, an administrative noncommissioned officer informed the applicant that she had received the last of the paperwork from the applicant's vendors on the SLRP and sent it to the State to start their process.  She added that once the State received the notification from the NGB level, they usually sent an email informing the applicant on how much is being paid on her loans.

   e.  On 17 December 2013, the Education Incentive representative informed the applicant that an ETP was needed because she never received an MOS prior to attending the officer producing program.  Additionally, she was an ROTC scholarship recipient. 

9.  On 6 January 2014, the applicant again requested an ETP for the SLRP incentive.  She reiterated the information she provided in her application to the Board.  Additionally, she stated she was frustrated with the MOARNG because she felt she was fighting the same battle to maintain a promise that was made and assured to her repeatedly.  She concluded by stating when she joined the military she did so thinking the promises that were made to her were accurate and she would receive the benefits that were guaranteed.  

10.  On 6 January 2014, the applicant's commander requested reconsideration of the applicant's eligibility to retain the SLRP incentive.  He said the applicant's packet was previously reviewed and she was found to be eligible.  He offered that he did not believe she should lose a benefit she had earned through her service and had fought to maintain. 

11.  On 23 April 2014, the Deputy G1, ARNG, NGB denied the applicant's ETP request to retain the SLRP incentive.  The Deputy G-1 stated the State IM would terminate the incentive with recoupment.  Additionally, the Deputy G-1 stated the applicant:

* failed to complete MOS training as contracted which violated Department of Defense Instruction (DODI) 1205.21
* entered an SMP/ROTC program and signed an ROTC Cadet Scholarship contract on 22 January 2009 which violated ARNG Selected Reserve Incentive Program (SRIP) 07-06
* enlisted in the MOARNG for MOS 21C with an NPSEB and the SLRP
* became a member of ROTC after her enlistment and never completed training in MOS 21C becoming ineligible for the SLRP and payment

12.  ARNG SRIP Guidance for FY 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06), dated 10 August 2007, established policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008 unless otherwise noted, superseded or suspended.  This policy memorandum, in part, stated "Soldiers who contract into SMP/ROTC programs may not (emphasis added) continue to receive the SLRP inventive."

13.  ARNG SRIP Guidance for FY 2007, 2008, and 2009 10 August 2007 - 30 September 2009 (Policy Number 07-06) with Updates, Updated 
17 February 2008, (emphasis added), established policy to administer ARNG incentives for the period effective 1 March 2009.  This policy memorandum revised the previous policy, in part, by stating "Enlisted Soldiers receiving the SLRP inventive will remain eligible while attending OCS...or after contracting into the ROTC/SMP.  Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their SLRP incentive will be paid within the same period established in their original enlistment documents."


14.  DODI 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the SLRP.  Paragraph E8.1.1.1 states "I understand that I shall not become entitled to the initial loan repayment, or any subsequent repayment of my qualifying student loan, until such time as I have graduated from secondary school and IADT, including military special qualification."  

15.  The U.S. Supreme Court's opinion in United States v. Larionoff, 431 
US 864(1977), concerning military reenlistment bonuses does not alter fundamental rules of law that (1) a service member's entitlement to military pay is governed by statute rather than ordinary contract principles and (2) in the absence of specific statutory authority, the government is not liable for negligent or erroneous acts of its agents; hence the amount of any reenlistment bonus payable to a service member depends on applicable statutes and regulations, and in no event can the bonus amount be established through private negotiation or contract between the member and his recruiter.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that on 26 November 2008 the applicant enlisted in the ARNG for MOS 21C.  She signed the SLRP addendum indicating that she understood her SLRP eligibility would be terminated if she failed to become MOS qualified, an SMP/ROTC cadet, or received an ROTC scholarship.

2.  On 22 January 2009, she enrolled as an ROTC scholarship cadet and enlisted in the ARNG under the SMP the following day.  In accordance with DODI 1205.21, in order to be eligible for the SLRP, the applicant must complete IADT and be MOS qualified.  Further, in accordance with ARNG SRIP Guidance for 
FY 2007, Soldiers who contract into the SMP/ROTC program may not continue to receive the SLRP incentive.  

3.  The evidence shows the applicant voluntarily submitted an application to enter the SMP/ROTC program, received an ROTC scholarship, and was subsequently appointed as a 2LT which is in violation of her enlistment contract. 

4.  Additionally, the fact that a representative from the MOARNG Education IM's office informed her that she was entitled to the SLRP is not sufficient justification to warrant approval of her request.  The evidence shows that although the SRIP SLRP policy was later revised, it did not apply to the applicant's situation since she never completed IADT and did not become MOS qualified, per her contract.  


5.  Further, her argument that she was assured she would be enrolled in the SLRP despite the fact that she did not complete basic and advanced individual training was considered.  However, as cited in paragraph 15 of this document, the government is not liable for negligent or erroneous acts of its agents since any reenlistment bonus payable to a service member depends on applicable statutes and regulations and in no event can the bonus amount be established through private negotiation or contract between the member and his/her recruiter.

6.  She would not have been authorized an Officer Accession Bonus.  Her acceptance of an ROTC scholarship required her to accept a commission, so she did not need an accession bonus as an incentive to accept a commission.

7.  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)                                         AR20140016824



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016824



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1