IN THE CASE OF:  

		BOARD DATE:  23 April 2015

		DOCKET NUMBER:  AR20140021163


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 his entitlement to the Non-Prior Service Enlistment Bonus (NPSEB) and the Student Loan Repayment Program (SLRP), both of which he contracted for at the time of his enlistment in the U.S. Army Reserve (USAR).

2.  The applicant states he enlisted in the USAR, and after becoming qualified in his duty-military occupational specialty (MOS) (DMOSQ) 42A (Human Resources Specialist), he wanted to serve his State.  Subsequently, he transferred from the USAR to the Pennsylvania Army National Guard (PAARNG). He wanted to deploy in a critical MOS with the Stryker units deploying to Iraq, which is why he transferred to the PAARNG.  He was not aware that he had to maintain MOS 42A as his primary MOS to keep his bonus and SLRP entitlement. He transferred into MOS 11C (Indirect Fire Infantryman) and later he gained qualification in MOS 11B (Infantryman).  He served his country and State in good faith, so he should be granted an ETP to retain his bonus and SLRP entitlement.

3.  The applicant provides:

* Selected Reserve Incentive Program (SRIP) – Enlistment Bonus Addendum, Addendum to DA Form 3540 Series (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units of the USAR)
* DA Form 1059 (Service School Academic Evaluation Report), dated       18 June 2011
* DD Form 827 (Application for Arrears in Pay), dated 7 May 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 October 2009
* an email from the applicant sent on 20 June 2013, subject: ETP 
* a memorandum from the PAARNG Deputy G1, dated 10 July 2013, subject:  Request for ETP for NPSEB for Sergeant (SGT) [Applicant], XXX-XX-6448
* a memorandum from the National Guard Bureau (NGB), Arlington, VA, dated 17 October 2013, subject:  Request for ETP for NPSEB for SGT [Applicant], XXX-XX-6448

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 19 September 2005.  

2.  In connection with his enlistment, he signed an SRIP – Enlistment Bonus Addendum and an SLRP addendum, in which he contracted for both incentives in the amount of $10,000.00.  

	a.  Each incentive was predicated on him attaining and maintaining qualification in MOS 42L (Administrative Specialist).

	b.  Each addendum has nearly identical language that shows the applicant acknowledged his understanding that:

   	(1)  His entitlement to the NPSEB and SLRP would be terminated upon his movement to a non-bonus unit or MOS, or in the case of the SLRP, should he simply reclassify into an MOS other than that for which he contracted.

   	(2)  His entitlement to the NPSEB and SLRP would be terminated upon his transfer between the USAR and the Army National Guard of the United States (ARNGUS) for any reason other than the result of his USAR unit being reorganized, relocated, redesignated, inactivated, or converted, unless the Chief, NGB authorizes his continued entitlement in either program at the time of his enlistment in the ARNGUS.

3.  He enlisted in the PAARNG on 24 May 2008.  In addition to his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), he signed an NGB Form 21 (Annex A – DD Form 4 – Enlistment/Reenlistment Agreement – ARNG), wherein he acknowledged his understanding that his enlistment required him to retrain and reclassify into MOS 11C.

4.  His entitlement to SRIP incentives was terminated following his enlistment in the PAARNG.
5.  Orders 263-001, issued by the PAARNG on 19 September 2008, awarded MOS 11C as his primary MOS, effective 20 September 2008, based on his completion of an MOS-producing course of instruction.

6.  He was mobilized and ordered to active duty in support of Operation Iraqi Freedom on 23 September 2008.  He served in Iraq during the period 19 January 2009 through 26 August 2009.  He was released from active duty on 17 October 2009 by reason of completion of his required period of active service.  Upon his release from active duty, he was returned to the control of the PAARNG.  Item     11 (Primary Specialty) of his DD Form 214 shows his primary specialty was MOS 11C. 

7.  He was honorably discharged from the PAARNG and the Reserve of the Army in the rank/grade of SGT/E-5 on 29 August 2012.  His record does not indicated he continued his service in any component of any branch of the U.S. Armed Forces following his discharge from the PAARNG. 

8.  The PAARNG requested an ETP on his behalf on 10 July 2013; however, the ETP request only addressed his continued entitlement to the NPSEB.  The NGB approved an ETP for his entitlement to the NPSEB on 17 October 2013.

9.  His record does not contain a copy of the ETP request that addressed his continued entitlement to the SLRP; however, his record contains an NGB denial memorandum, in which they denied a PAARNG request for an ETP for the applicant's entitlement to the SLRP on 24 November 2014.  In their denial memorandum, the NGB based their decision to deny the ETP on the applicant's reclassification out of the contracted bonus MOS when he transferred from the USAR to the PAARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an ETP to retain his entitlement to the NPSEB and the SLRP was carefully considered.

2.  At the time of his enlistment in the USAR, he contracted for both incentives in the amount of $10,000.00 and he signed an NPSEB addendum and an SLRP addendum; his signature on each addendum attests to his acknowledgement and understanding of the requirements of each program and his responsibilities vis-à-vis the SRIP.

3.  Later, prior to the fulfillment of his contractual obligation with the USAR, he enlisted into the PAARNG for training and reclassification in an MOS other than the one specified in his USAR contract.  
4.  The PAARNG sought an ETP on his behalf for each incentive; however, the NGB only approved an ETP for continued entitlement to the NPSEB.  

5.  The NGB denied the PAARNG's request for an ETP for SLRP entitlement on the applicant's behalf.  It appears the NGB based their decision to deny the PAARNG's ETP request for SLRP entitlement on the applicant's reclassification out of the MOS he initially contracted for when he transferred from the USAR to the PAARNG.

6.  Both SRIP addendums contain nearly identical language that shows his entitlement to the contracted incentives was correctly terminated following his enlistment in the PAARNG.   Despite this, the NGB approved an ETP request that allowed the applicant continued entitlement to the NPSEB.   

7.  Since the NGB has decided the issue of his entitlement to the NPSEB, and since it is the general policy of the Board not to cause an applicant to be worse off than he or she would have been had the Board not acted in the case, the Board will take no action at this time with respect to his entitlement to the NPSEB.     

8.  Unfortunately, his separation from the USAR and enlistment in the PAARNG in a different MOS from the one he originally contracted for was contrary to the stated terms of the SRIP addendums he signed.  Rightfully, his entitlement to the contracted incentives was terminated.  Therefore, there is no error or injustice and there is no basis to grant the requested relief.

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)                                         AR20100024747



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ABCMR Record of Proceedings (cont)                                         AR20140021163



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