IN THE CASE OF:	   

		BOARD DATE:	  4 February 2015

		DOCKET NUMBER:  AR20140020070 


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 an exception to policy (ETP) to retain eligibility for the Student Loan Repayment Program (SLRP) incentive for which he contracted when he extended his enlistment in the Virginia Army National Guard (VAARNG) on 20 January 2007.

2.  The applicant states the National Guard Bureau (NGB) denied his request for an ETP to retain his eligibility for the SLRP incentive due to the facts that:

* he accepted an Active Guard Reserve (AGR) position
* the SLRP addendum to his extension contract had unauthorized handwritten pen and ink changes
* the bonus control number (BCN) was requested “after” [i.e., before] the date of his reenlistment extension

3.  The applicant contends the NGB published a policy (Education and Incentive Operations Message (EIOM) 13-003) which states on page 2, paragraph 5b that SLRP contracts from Soldiers who accepted an AGR or military technician (MilTech) position between 18 April 2009 and 3 November 2010 are eligible for ETP consideration as stipulated with Army Regulation 601-201 (Active and Reserve Components Enlistment Program).  He accepted an AGR position during the period 18 August 2009 and 17 August 2012 which resulted in his SLRP contract being terminated without recoupment on 14 February 2012.  The release of the aforementioned EIOM prompted him to submit a request for an ETP to the NGB.  

4.  The applicant states the unauthorized pen or ink marks and the request of the BCN after the date of reenlistment/extension was done by a former SLRP manager erroneously due to no fault of his own.  He reenlisted/extended for the SLRP on 20 January 2007.  His BCN was not requested or approved until 24 January 2008 by a former SLRP manager who also marked on his SLRP addendum that it was invalid on 7 February 2007.  He cannot explain the SLRP manager's actions as to why she wrote on an official document one month after his extension/reenlistment, but then requested and received an approved BCN on 24 January 2008 for a contract she had already marked invalid.

5.  The applicant provides:

* self-authored statement
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 20 January 2007
* Annex L to DD Form 4 (SLRP Addendum - ARNG)
* AGR Orders
* NGB Memorandum, Subject: Disposition of SLRP Contracts for AGR and MilTech Personnel
* request for an ETP and subsequent denial from the NGB

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that following periods of enlisted service in the U.S. Naval Reserve and the U.S. Army Reserve, he enlisted in the VAARNG on 30 December 2005 for a period of 5 years and 14 weeks.

2.  On 20 January 2007, he executed a 6-year extension of his enlistment in the ARNG thereby establishing his new expiration term of service (ETS) date as 29 January 2013.  In connection with this extension, he completed an Annex R (Reenlistment/Extension Bonus Addendum) and Annex L.

3.  Annex R shows he was promised a $15,000.00 enlistment bonus under the Selected Reserve Incentive Program (SRIP).  He acknowledged or indicated he understood:

* he was not enlisting for an AGR tour (under Title 10 or Title 32) nor was he enlisting for a MilTech position
* he was not currently serving on a Title 10 or Title 32 AGR tour nor in a MilTech position
* he did not have more than 20 years of total military service and he was extending for 6 years for a non-critical unit
* he would receive a total bonus payment of $15,000 that would be paid in one lump sum payment 
* his bonus eligibility would be terminated without recoupment if he accepted a MilTech position and on the effective date of his orders had served at least 6 months of the incentive contract term, or with recoupment if prior to serving 6 months of the incentive contract term
* his bonus eligibility would be terminated without recoupment if he accepted a Title 10 or Title 32 AGR tour and on the effective date of his orders had served at least 6 months of the incentive contract term or with recoupment if prior to serving 6 months of the incentive contract term

4.  Section VIII (Certification by Service Representative) of this document also shows a handwritten BCN.

5.  Annex L explained the obligation and participation requirements for entitlement under the SLRP.  This form shows the applicant indicated or acknowledged that he understood:

* he was currently in the ARNG and was extending for a minimum of 3 years in the ARNG, in military occupational specialty (MOS) 25B that was authorized the SLRP incentive
* he must remain in the contracted MOS for the first 3 years of his contract
* he was not enlisting for an AGR tour (under Title 10 or Title 32) nor was he enlisting for a MilTech position
* he had six loans in the amount of $20,476.72 and the total amount of qualifying loans would not exceed $20,000
* his SLRP eligibility would be terminated if he voluntarily transferred out of his contracted MOS or SLRP eligible unit or if he accepted a MilTech position or a Title 10 or Title 32 AGR tour

6.  Page one of this 4-page document contains the handwritten entry "Invalid" and the initials SD.  Section VII (Certification by Service Representative) of this document also shows the following handwritten entry in the SLRP Control Number data field "Invalid contract" which was signed by S_____ D______, Montgomery GI Bill/SLRP Manager and dated 7 February 2007.

7.  The applicant's record contains a Sallie Mae Loans Account Summary Letter, dated 20 January 2007, which shows he had six loans at the time with a total balance of $20,476.72.



8.  On 6 June 2007, while serving in an AGR status, he executed a 3-year extension of his enlistment in the ARNG thereby establishing his new ETS date as 29 January 2017.

9.  VAARNG Orders 226-005, dated 14 August 2009, show the applicant was ordered to full-time National Guard duty (FTNGD) with his consent in an AGR status under the provisions of Title 32 U.S. Code from 18 August 2009 through 17 August 2012.

10.  Department of the Army and the Air Force, Office of the Adjutant General of Virginia, Joint Force Headquarters - VA Orders 195-023, dated 13 July 2012, show the applicant was ordered to FTNGD with his consent in an AGR status under the provisions of Title 32 U.S. Code from 17 August 2012 through 16 August 2016.

11.  Chief, Personnel Programs, Resources and Manpower Division, NGB Memorandum, Subject: Disposition of SLRP Contracts for AGR and MilTech Personnel, dated 14 March 2013, was addressed to the ARNG Personnel Programs, Resources, and Manpower staff of all States, Puerto Rico, the Virgin Islands, Guam and the District of Columbia.  The purpose of this memorandum was to provide instruction on the disposition and/or submission of ETP requests for ARNG Soldiers who contracted for the SLRP and then accepted either an AGR or MilTech position between 9 October 2008 and 3 November 2010.  The required action was as follows:

	a.  Identify all SLRP contracts and those Soldiers who accepted an AGR or MilTech position between 9 October 2008 - 17 April 2009.  Authority is granted to retain the SLRP incentive without requiring an ETP for those Soldiers.  Soldiers whose SLRP contracts were terminated may be reinstated through the original contractual expiration date.  Contracts cannot be extended and loans cannot be added.

	b.  Identify all SLRP contracts and those Soldiers who accepted an AGR or MilTech position between 18 April 2009 - 3 November 2010.  Identified Soldiers are eligible for ETP consideration as stipulated within Army Regulation 601-210.  These personnel will be processed for an ETP according to established guidance.

12.  On 10 December 2013, he submitted an ETP request through the VAARNG to the NYARNG requesting to retain his eligibility for the SLRP payments of his qualifying federal loans per his SLRP contract.  He stated that he had recently learned there was a discrepancy with his SLRP contract which allowed an ETP to keep him enrolled in the SLRP as a member of the AGR.  This error was no fault of his own now was it within his knowledge or control.  He did as he was instructed to do and believed to have been the correct procedure at the time.  He had fulfilled all of his duty obligations and had maintained good standing with his unit.

13.  On 10 December 2013, the G1, Office of the Adjutant General of Virginia, Joint Force Headquarters, G1, Education Service Branch requested approval of the applicant's request for an ETP.  The G1 mentioned that the applicant's SLRP payments had been terminated due to accepting an AGR position on 18 April 2009.  The applicant's BCN was requested after his reenlistment but was not approved until 24 January 2008.  According to the NGB policy memorandum, the applicant falls into the timeframe that is considered for retaining the SLRP incentive as an AGR member with an approved ETP.  The applicant was unaware of the above-mentioned issues and it was no fault of his own.

14.  On 10 November 2014, the NGB denied his ETP request.  The Deputy G1, ARNG advised the VAARNG that the applicant's ETP to retain the $20,000 SLRP was denied for the discrepancies listed below.  As a result, the State Incentive Manager would terminate the incentive effective one day prior to entering AGR status with relief of recoupment of payment received while in an AGR status.  Any future payments were forfeited.  The discrepancies are as follows:

	a.  The applicant accepted an AGR position between 17 April 2009 - 3 November 2010 which ARNG SRIP Policy Memorandum Number 07-04.

	b.  The applicant's contract/bonus addendum has unauthorized pen and ink changes which violates ARNG SRIP Policy Memorandum Number 07-04.

	c.  The applicant's BCN was requested before the date of reenlistment/extension which violates ARNG SRIP Policy Number 07-04.

15.  NGB Policy Memorandum Number 07-04, dated 1 January 2007, established policy to administer the ARNG incentives program.  It applies to ARNG Soldiers in M-Day status.  It states the SLRP incentive is offered by the ARNG as an enlistment incentive for all non-prior service enlistees.  An incentive is terminated with recoupment when a member accepts an AGR or Mil Tech position and the member has not served at least 6 months of the incentive term.  It also states an incentive is terminated without recoupment when the member accepts an AGR or a Mil Tech position and the member has served at least 6 months of the incentive contract term. 


16.  NGB Policy Memorandum 13-003, dated 14 March 2013, rescinded, effective the date of this message, EIOM-EDU-09-058, dated 14 September 2009; EIOM 12-021, dated 20 July 2012, Subject: Termination of Incentives Contracts for AGR and Mil Tech Personnel; and EIOM 12-022, dated 27 July 2012, Subject: Updated Guidance for Termination of Incentives Contracts for AGR and mil Tech Personnel EIOM 12-022.  This message ordered ARNG Personnel Programs, Resources and Manpower staff of all states to identify all SLRP contracts and those Soldiers accepted in an AGR or Mil Tech position between 18 April 2009 and 3 November 2010.  These personnel, if eligible for ETP consideration, will be processed for an ETP according to established standards. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be granted an ETP to retain the SLRP incentive.

2.  The applicant extended his enlistment in the VAARNG on 20 January 2007 for a period of 6 years.  In exchange, he was authorized the $15,000 bonus incentive as well as the SLRP incentive.  The SLRP incentive stated he had six loans in the amount of $20,476.72, but the total amount of repayment for qualifying loans would not exceed $20,000. 

3.  His SLRP addendum also stated his SLRP eligibility would be terminated if he voluntarily transferred out of his MOS or SLRP eligible unit and/or accepted a 
MilTech position or a Title 10 or Title 32 AGR tour. 

4.  On 14 August 2009, the VAARNG published orders ordering him to active duty in the AGR program, under Title 32, from 18 August 2009 to 17 August 2012, also for assignment to the Joint Force Headquarters, VAARNG.

5.  Several policy memoranda and/or changes to payments of enlistment incentives were published throughout the years since his enlistment or extension.
The key issue in his case is that he became an AGR program member after the contract date and changed his unit, both during the contracted period, which was in violation of ARNG SRIP 07-04.  As a result, termination of the SLRP incentive with recoupment action is warranted.

6.  The applicant did not show an error or an injustice.  As such, there is insufficient evidence to grant him relief in this case. 



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)                                         AR20140020070





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ABCMR Record of Proceedings (cont)                                         AR20140020070



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