IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140021009 


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 payment of his college loans under the Student Loan Repayment Program (SLRP).

2.  He states, in effect, the SLRP incentive that was included in his original enlistment contract has been denied because he subsequently contracted as a Reserve Officers' Training Corps (ROTC) cadet under the Simultaneous Membership Program (SMP).

3.  The applicant provides:

* DA Form 2823 (Sworn Statement)
* Memorandum, SUBJECT:  Correction for Eligibility of SLRP
* National Guard Bureau Education Division Instruction 1.1 (NGB-EDUi 1.1)
* Annex L to DD Form 4, SLRP Addendum, Army National Guard (ARNG) of the United States
* Notification of Incentive Discrepancy and Exception to Policy (ETP) Process
* Notification of ETP with allied documents

CONSIDERATION OF EVIDENCE:

1.  On 27 January 2010, he enlisted in the Montana ARNG (MTARNG) for 6 years.  He elected alternate split option training for military occupational specialty 91J (Quartermaster and Chemical Equipment Repairer).

2.  An SLRP Addendum was part of his enlistment agreement and this form shows he was a non-prior service (NPS) applicant enlisting for a critical Unit Identification Code (UIC) - (WPLUAA), with assignment to the 1063rd Support Maintenance Company.  He identified six qualifying disbursed loans totaling $10,095.00 at the time of his enlistment.  He acknowledged the following statement listed in Section IX (Statement of Understanding) with his initials:

I understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP/ROTC Cadet.  It will also continue upon acceptance of either a commission or appointment as an officer or warrant officer candidate in the ARNG.  The timeline of the original contract will remain in effect, but will not be renewed.  I also understand that my continued participation in this program will cause me to be ineligible for any officer/warrant officer accession bonus.

3.  This SLRP contract bears the applicant's signature indicating his understanding and acknowledgment of the following statement in Section V (Termination):

	Failure to obtain DMOSQ within 24 months after an involuntary transfer into 	another skill for the convenience of the government.

4.  On 10 December 2010, the applicant completed an ROTC Scholarship Cadet Contract.  The terms of this contract obligated the Army to pay his full tuition for a period of 2 years provided the applicant successfully completed the academic, medical, and fitness terms and conditions as outlined in the agreement.

5.  On 12 January 2014, the applicant completed a sworn statement wherein he detailed the events which led to the cancellation of his SLRP incentive.  He stated, in effect, he:

* enlisted on 27 January 2010 in Butte, MT
* agreed to enlist in MOS 91J 
* would forego an enlistment bonus in exchange for the SLRP
* indicated that his student loans totaled $10,095.00
* graduated from Basic Combat Training on 15 July 2010 and returned to the MTARNG
* contracted as a cadet with the ROTC/SMP on 10 December 2010 and was commissioned as a second lieutenant (2LT) on 27 April 2012 (2 years and 3 months after his initial enlistment)
* has not received any payments under the SLRP incentive 
* was informed he failed to complete his Advance Individual Training (AIT) and become duty MOS qualified (DMOSQ); therefore, he was prevented from receiving the SLRP incentive

6.  He further contends in his Sworn Statement that his SLRP Addendum clearly permits him to accept an appointment as an officer/warrant officer/SMP/ROTC cadet and retain his SLRP incentive.  His contract does indicate that failure to become DMOSQ within 24 months may be grounds for termination of bonus eligibility but his understanding was that his commissioning would not cancel his SLRP incentive.  He was told to request an ETP to retain the incentive.

7.  On 5 November 2014, the Deputy G1, ARNG denied his request.  The official stated the applicant was in violation of the ARNG Chaplain, Health Professional and Enlisted Loan Repayment Programs, effective 1 October 2009 by:

* failing to complete his initial MOS training requirements within 24 months of his date of enlistment
* entering SMP/ROTC program
* using an obsolete contract/bonus addendum
* having unauthorized pen and ink changes on his contract/bonus addendum

8.  On 20 November 2014, the Joint Force Headquarters-MT notified the applicant that his SLRP incentive would be terminated as a result of his failure to complete the required training within 24 months of enlistment.

9.  The applicant provides a memorandum which details the same information contained in his sworn statement.  He further details that he did not complete AIT because he decided to join the ROTC/SMP program, but he fully intended to complete AIT after fulfilling his ROTC requirements.  He was later informed that a cadet could not attend AIT.  However, he believes that completion of the Basic Officer Leadership Course on 21 August 2013 did in fact make him DMOSQ.  The fact that his Addendum was completed on an obsolete form is due to no fault of his own.  Lastly, there are no unauthorized pen and ink changes on his contract.  He has faithfully and diligently performed his duties and he plans on remaining in the ARNG far longer than his original 6-year enlistment.  Denying him the SLRP incentive is in direct conflict with the Army's publication governing the program.  The basis for denial of his ETP request seems to lie in minor technicalities that have little to no evidence to support them and that contradict the spirit of the loan repayment program.

10.  Army Regulation 135-7 (Incentive Programs), restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.

11.  NGB EDUi 1.1 contains the policy and procedural guidance for all loan repayment programs for the ARNG.  Paragraph 2-3 provides guidance for enlisted eligibility.  It states enlisted Soldiers receiving the Enlisted Loan Repayment Program (ELRP) will remain eligible while attending Officer Candidate School or Warrant Officer Candidate School or after contracting into the ROTC/SMP.  Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their ELRP will be paid within the same period established in their original enlistment documents.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to lack merit.

2.  The evidence of record shows the applicant enlisted in the ARNG on 
27 January 2010 and he contracted for the SLRP as an enlistment incentive that required him to become DMOSQ as a within 24 months.  He completed his BCT; however, on 10 December 2010 he contracted into the ROTC/SMP without ever attending AIT or being awarded MOS 91J.  His SLRP contract clearly indicates that he must become DMOSQ within 24 months and his completion of his officer basic course does not satisfy this requirement.  This clearly shows the applicant is no longer entitled to his SLRP incentive, thus the decision to terminate the SLRP incentive was not in error.

3.  In view of the foregoing, 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 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)                                         AR20140021009



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ABCMR Record of Proceedings (cont)                                         AR20140021009



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