IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140021499 


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 entitlement to the Student Loan Repayment Program (SLRP) in the amount of $50,000.

2.  The applicant states he enlisted for 6 years for the SLRP and his contract should be honored.  After a year into his contract, he was informed that he needed to be military occupational specialty qualified (MOSQ) which he completed before his 1st year anniversary.  After that, he was informed that he needed 6 years left on his contract and be MOSQ.  He extended for 2 more years under the guidance of the Education Officer, Montana Army National Guard (MTARNG).

3.  The applicant provides three memoranda, dated between 31 December 2013 and 4 November 2014; two DA Forms 2823 (Sworn Statement), dated 23 and 27 August 2012; and Annex L (SLRP Addendum – ARNG) to DD Form 4 (Enlistment/Reenlistment Agreement – ARNG). 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Air Force (USAF) on 28 July 1989 and he held MOS 90250 (Medical Service Specialist).  On 27 July 1993, he was honorably discharged from the USAF.

2.  On 21 June 2010, he enlisted in the MTARNG for a period of 6 years in the rank/grade of specialist/E-4.  His expiration of term of service (ETS) was 20 June 2016.  His records contain Annex A to DD Form 4, dated 21 June 2010, wherein, in part, he acknowledged that he had prior service and that he understood he would undergo training in MOS 19K (M1 Armor Crewman).  The applicant and the ARNG authorized service representative, Staff Sergeant (SSG) E, signed this form on 21 June 2010 (emphasis added). 

3.  The applicant provides and his record contains an SLRP Addendum, dated 21 June 2010, wherein, in part, it shows he acknowledged that:

* he was a prior service applicant enlisting in a Modified Table of Organization and Equipment or Medical Table of Distribution and Allowance in unit identification code (UIC) WYLICO
* he was duty MOS qualified for the position and was enlisting for a term of service of not less than 6 years in the ARNG 
* loans must be 1 year or older on the first anniversary eligibility date to qualify for the program
* the portion of the SLRP ($50,000) that may be repaid annually on any qualifying loan(s) will not exceed 15 percent (not to exceed $7,500 per year) of the total principal, or $500,whichever is greater

4.  The applicant and SSG E signed this form.  SSG E's signature is dated 21 June 2010.  This addendum was not signed by a witnessing officer and does not contain a bonus control number (BCN).  It does not list the number or the amount of qualifying loans the applicant had at the time of this enlistment. 

5.  The applicant was subsequently assigned to Company C, 1st Battalion, 163rd Cavalry Regiment, UIC WYLICO, Great Falls, MT.

6.  Orders 188-025, dated 7 July 2011, issued by Joint Forces Headquarters (JFHQ) - MTARNG, awarded the applicant MOS 19K effective 27 June 2011.

7.  His record contains a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 6 May 2012, wherein it shows he extended his enlistment in the MTARNG on that date for a period of 2 years.  As a result of his extension, his ETS was adjusted to 20 June 2018.

8.  The DA Form 4836 shows he was extending his enlistment under Program 8 - Soldiers who must extend for training, Simultaneous Membership Program, Active Guard Reserve, Education Assistance, GI Bill, Inactive National Guard bonus recipient, time in service for promotion, other program, or Qualitative Management Program results. 

9.  In a memorandum to the National Guard Bureau (NGB), dated 31 December 2013, the G-1, JFHQ - MTARNG, requested the applicant be granted an exception to policy (ETP) to retain the $50,000 prior-service SLRP.  The G-1 stated the applicant executed a prior service enlistment with the SLRP on 21 June 2010 for duty position 19K.  He was not duty MOSQ (DMOSQ) at the time but was still informed he was eligible for the SLRP.  At a later date, he was informed he was not eligible for the SLRP because he was not DMOSQ at the time of his enlistment.  He then became DMOSQ and executed a 2-year extension on 6 May 2012 to make his service obligation 6 years.

10.  In a memorandum to the MTARNG, dated 26 August 2014, the NGB denied the ETP and directed the applicant's incentive be terminated with recoupment effective the contract start date.  The ETP was denied because the applicant was not DMOSQ for the contracted incentive which violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), his addendum was obsolete, it was missing the date of the applicant's signature, was not signed by the witnessing official, and a BCN was requested after the date of enlistment.

11.  On 4 November 2014, by memorandum, the applicant was notified by the MTARNG that his SLRP Addendum would be terminated with recoupment effective 21 June 2010.  This memorandum also stated the applicant had not been paid any funds. 

12.  DODI 1205.21 prescribes procedures for incentive programs.  Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be entitled to the SLRP in the amount of $50,000.

2.  The evidence of record confirms having had prior service in the USAF while serving in a medical MOS, the applicant enlisted in the MTARNG on 21 June 2010 for a period of 6 years.  His enlistment contract specified he was enlisting for training in 19K.  However, on the same date the MTARNG service representative executed a prior-service SLRP Addendum stating the applicant was enlisting for the SLRP in the amount of $50,000 in MOS 19K and that he was MOSQ as a 19K.  The applicant and the service representative both signed the SLRP Addendum; however, it was not signed by the witnessing official and did not contain a BCN.

3.  It is evident an error was committed on the part of MTARNG recruiting officials when processing the applicant for the SLRP as he was not MOSQ in 19K at the time.  However, the applicant himself signed the addendum also verifying he was MOSQ as a 19K when he was not.  The fact that he became MOSQ on 27 June 2011 and executed a 2-year extension on 6 May 2012 are moot points.  As he did not meet the requirements he agreed to in his prior-service SLRP Addendum at the time of his enlistment the addendum was not a valid contract.  Therefore, he is not entitled to the requested relief.

4.  It appears the applicant was subsequently advised by MTARNG officials that he might be eligible for the SLRP if he extended his enlistment by 2 years; he did so on 6 May 2012 and his ETS was adjusted from 20 June 2016 to 20 June 2018.  However, this was inaccurate advice.  Therefore, his DA Form 4836, dated 6 May 2012, should be voided if the applicant chooses to submit a request to do so. 

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)                                         AR20140021499





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ABCMR Record of Proceedings (cont)                                         AR20140021499



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