BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140017726 


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 offered at the time of his enlistment in the Washington Army National Guard (WAARNG) in 2011.

2.  The applicant states:

 	a.  He joined the WAARNG in 2011 as a prior-service member of the U.S. Marine Corps.  This option provided him with a chance to be an officer and have his student loans repaid.  At the end of 2011 he was told he needed to have surgery on his left leg for compartment syndrome.  This caused him to delay attendance at Officer Candidate School (OCS).  The OCS command decided to retain him until he was physically able to complete training.

	b.  In 2013, he had recovered and he left for phase I that summer.  A few weeks before he left his first child was born premature by 6 weeks.  While in phase I, it was clear that he was focused on his family.  A decision was made to send him back to Washington with the option to come back to phase I the following year.  The new command in Washington for OCS denied his request to stay in phase 0 and this meant he needed to go to his fall-back unit.

	c.  In 2014, he qualified in military occupational specialty (MOS) 12B (combat engineer).  He submitted an exception to policy (ETP) for the SLRP and his request was denied.  His lenders received one payment and now his SLRP is scheduled to be repaid by deducting payments from his drill pay and will continue until his contract expires in 2019.  After that date it will become a Federal debt that will be garnished out of his taxes and pay in his civilian job.  Having no pay during drill and having to start repaying his student loans of over $50,000.00 will bankrupt him.

	d.  For the last year and a half his child has had several medical issues that he has to pay for.  To add to the financial strain, he has had to support his brother-in-law and mother-in-law financially.  This has led to increased debt.  It is his intention to return to OCS in 2016 after his child is older.

	e.  If the SLRP incentive is not reinstated he will have to file for bankruptcy so he can put his money toward the student loans.  There is a possibility he will lose his home if he does this.

	f.  He feels as long as he is in good drilling status with the ARNG, his SLRP should be reinstated as this option was available for anyone who enlisted in the ARNG in 2011.  He worked with a Member of Congress regarding his SLRP because he was unable to find out the status of his SLRP.  It took contacting the Member of Congress to find out the option for requesting an ETP.  He does not want to file for bankruptcy.  He feels this is an injustice and a burden that he should not shoulder because he is not an officer, but now an enlisted Soldier.  He understands what was in the contract, but did not understand that if he did not become an officer it would be taken away.

	g.  He thought as long as he was under contract until 2019 he would have his SLRP.  He does not want to lose his home.  He does not want to tell his family they need to move because of this.  This is not the way to treat people who protect our country.  The ARNG is still going to have his service until 2019.  He drives over an hour to his unit and has to pay for a hotel each month since they do not have a barracks.  He cannot imagine going there and not being paid and instead paying them to be a good Soldier.  He wanted to stay at OCS, but was told he cannot.  He tried to complete the training, but the ARNG said no.  He tried to complete his end of the contract.  Now the ARNG is placing him in possible financial ruin over its decision to deny him when he asked to stay in the OCS program.

3.  The applicant provides:

* ETP SLRP denial letter
* email correspondence from a Member of Congress
* Enlisted Loan Repayment Program Addendum
* service personnel records



CONSIDERATION OF EVIDENCE:

1.  Having prior service in the U.S. Marine Corps, the applicant enlisted in the ARNG on 24 August 2011 for 8 years.  His National Guard Bureau (NGB) Form 600-7-5-R-E (Enlisted Loan Repayment Program Addendum – ARNG of the United States), dated 24 August 2011, shows he enlisted for the SLRP in MOS 09S (commissioned officer candidate).

	a.  Section V (Loan Repayment) of this addendum states "Soldier must be DMOSQ [duty MOS qualified] to receive SLRP payment.  (Not applicable for 09S)."

	b.  Section X (Termination with Recoupment) of his addendum states, "I understand that recoupment will be effective from date of enlistment for failure to accept a commission within 3 years of entering the 09S enlistment option."

2.  On an unknown date, he withdrew from OCS.

3.  On 10 September 2014, the NGB disapproved his request for an ETP to retain the $50,000.00 SLRP incentive and stated:

* the State Incentive Manager will terminate the SLRP incentive with recoupment effective the contract start date
* the applicant did not become qualified in the contracted MOS which violates ARNG Selected Reserve Incentive Program (SRIP) 11-01
* the applicant enlisted on 24 August 2011
* his contracted loan addendum/agreement amount was $50,000.00
* he contracted for MOS 09S; his current MOS is 12B

4.  Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs.  Section 6.2 (Written Agreements) states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.



5.  All States Log Number P11-0009, ARNG SRIP for Fiscal Year 2011, states:

	a.  Applicants must enlist, reenlist or extend in a critical skill and remain in an authorized position for their entire service obligation for the SLRP.

	b.  Termination with full recoupment of all payments for MOS 09S SLRP participants will occur when the candidate fails to accept a commission within 3 years of entering the MOS 09S SLRP option.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms:

* the applicant enlisted in the WAARNG on 24 August 2011 for the SLRP in the amount of $50,000.00
* he contracted for MOS 09S
* he withdrew from OCS for personal reasons and was subsequently awarded MOS 12B in 2014

2.  He signed a contract that clearly stated the bonus would be recouped if he failed to accept a commission within 3 years of entering the MOS 09S enlistment option.

3.  In September 2014, NGB terminated the incentive with recoupment.

4.  Since he violated his SLRP Addendum contractual obligation by not becoming qualified in the contracted MOS and failing to accept a commission within the given time frame, there is no basis for granting the applicant's 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 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)                                         AR20140017726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017726



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1