BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140018362 


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 ($20,000.00) offered at the time of his enlistment in the Illinois Army National Guard (ARNG) in 2008.

2.  The applicant states:

* he was told/advised to change his military occupational specialty (MOS) when his unit inactivated
* he was assured repeatedly that his SLRP would not be affected due to the reorganization

3.  The applicant provides:

* transfer orders, dated 26 November 2008 and 26 April 2013
* email, dated 5 November 2013
* National Guard Bureau (NGB) letter to a Member of Congress, dated 19 June 2014
* self-authored letter to the Army Review Boards Agency, dated 8 July 2014
* Member of Congress letter to the Army Legislative Liaison, dated 12 November 2014

 CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the ARNG and Regular Army, the applicant again enlisted in the ARNG on 2 April 2007.  He extended his enlistment on 9 February 2008 for a period of 6 years.  His NGB Form 600-7-5-R-E (SLRP Addendum), dated 9 February 2008, shows he reenlisted/extended for the SLRP in a critical unit in critical MOS 42A (human resources specialist).  Section V (Termination) of this addendum states:  "I understand that my Student Loan Repayment eligibility will be terminated if I -- …voluntarily transfer out of my contracted MOS or SLRP eligible unit."

2.  He provided Illinois ARNG Orders 331-086, dated 26 November 2008, transferring him from a personnel services detachment to a signal company in duty MOS 25B due to reorganization effective 15 November 2008.

3.  His records contain Illinois ARNG Orders 317-425, dated 13 November 2009, awarding him primary MOS 25B (information technology specialist) and withdrawing primary MOS 42A effective 24 August 2009.

4.  He was promoted to sergeant in MOS 25B on 7 June 2010.

5.  He provided a letter from NGB to a Member of Congress, dated 19 June 2014, which states:

	a.  On 24 August 2009, the applicant voluntarily changed his MOS 42A under which he contracted for SLRP to MOS 25B.

	b.  This was a violation in accordance with Department of Defense Instruction 1205.21, paragraph E8.1.1.3 (Reserve Component Incentive Programs Procedures), which states a service member will be eligible for SLRP if he is reenlisting in a critical skill approved for SLRP and agrees to serve the entire enlistment in that skill.

	c.  The applicant's SLRP contract should have been terminated upon his MOS change.

	d.  On 12 May 2014, the Illinois ARNG submitted a request for an exception to policy (ETP) for the SLRP.  On 20 May 2014, the ETP was denied with instructions to terminate the contract and recoup $8,747.58 from the applicant.

6.  In a self-authored letter to the Army Review Boards Agency, dated 8 July 2014, he states:

	a.  He reenlisted in the Illinois ARNG in 2008 for the SLRP in the amount of $20,000.00.  Annual SLRP payments have been partial or not at all.  Following years of reassurances that full SLRP payments against his student loans would be made, this has not happened.

	b.  In 2014, he contacted his Member of Congress in hopes of having this problem corrected.  However, the Member of Congress forwarded a letter to him from NGB stating he was not due full payment of his SLRP loans and the payments would be recouped.

	c.  The point of contention is the matter of his MOS change.  The letter from NGB states he voluntarily changed his MOS in August 2009.  His unit was being inactivated and he was informed that he should find a new position.  He was reassured repeatedly that his SLRP would remain intact as any MOS change was due directly to unit inactivation/reorganization.  The transfer orders he received clearly state he was placed in duty MOS 25B due to unit reorganization.

	d.  He reenlisted to serve in MOS 42A.  His anniversary date for SLRP purposes is 2 April annually.  He had anniversaries as being MOS-qualified in his duty MOS for SLRP purposes in 2009, 2011, 2012, and 2013.  He was not MOS qualified in his duty MOS in 2010 only because he could not get a seat in the MOS-producing school to become MOS-qualified prior to his anniversary date.  He was informed that this was fine for SLRP purposes because he was reclassified due to unit reorganization and not being able to become MOS-qualified by the anniversary date was through no fault of his own.

	e.  His last anniversary as being MOS-qualified in his duty position was in 2013.  He was transferred effective 1 May 2013 following his 2 April anniversary date.  Contrary to his 2008 transfer orders, his 2013 transfer orders were due to voluntary transfer.  This voluntary transfer affects only the SLRP eligibility year 2014.

	f.  His MOS change in 2009 was not voluntary so his original reenlistment terms for SLRP should remain intact.

7.  Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of Reserve Component Incentive Programs.  Section 6.2 (Written Agreements) states that as a condition of 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 payment of the incentive to the member.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests retention of the SLRP offered at the time of his enlistment in the Illinois ARNG in 2008.

2.  The evidence shows he signed the SLRP Addendum on 9 February 2008 for MOS 42B and he was awarded primary MOS 25B in August 2009.

3.  In 2014, NGB terminated the incentive with recoupment because the applicant voluntarily changed his MOS to 25B.  However, transfer orders clearly show his unit reorganized in November 2008 and he was transferred from a personnel services detachment to a signal company.  Thus, he was awarded a signal MOS.

4.  To date, the applicant has completed almost 7 years of qualifying service in the Illinois ARNG.

5.  Since it does not appear he voluntarily transferred out of his contracted MOS or the MOS change was through any fault of his, it would be appropriate at this time and serve the interest of justice and equity to correct his records to show he is entitled to SLRP and pay him the SLRP in accordance with his SLRP Addendum, dated 9 February 2008.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing the applicant's request for an ETP to retain the $20,000.00 SLRP incentive, dated 9 February 2008, was approved;

	b.  showing the Department of the Army authorized him to receive the SLRP incentive as agreed in his NGB Form 600-7-5-R-E, dated 9 February 2008.



      ___________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)                                         AR20140018362



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ABCMR Record of Proceedings (cont)                                         AR20140018362



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