BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20150000688 


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, in effect, an exception to policy (ETP) for retention of the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states documents were submitted with the ETP that justify why he was transferred to an unauthorized Table of Distribution and Allowances (TDA) slot.  His current military occupational specialty (MOS) is 68W (Health Care Specialist) and has been since his enlistment.  He is slotted in a 00F (Immaterial National Guard Bureau (NGB)) slot due to continued medical support to McCrady Training Center.  This transfer was not at his request.  When he extended for 6 years, it was solely for the purpose of obtaining assistance under the SLRP.  It has now been almost 3 years into this enlistment and the purpose for why he reenlisted has not been fulfilled by the Army National Guard (ARNG).  The issue concerning the obsolete addendum and the bonus control number being issued 4 months early should not fall on him as the Soldier.

3.  The applicant provides copies of the following:

* Orders Number 045-902
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Annex L (SLRP Addendum, ARNG)
* Orders Number 096-830
* four DA Forms 2823 (Sworn Statement)


* Transfer to South Carolina ARNG (SCARNG) Garrison Command memorandum
* Orders Number 196-813
* Request for ETP for SLRP memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the SCARNG on 7 April 1992 and reenlisted on 19 November 2005.  He was awarded MOS 68W.

2.  Orders Number 054-902, issued by the SCARNG on 14 February 2012, reassigned him from the Health Care Noncommissioned Officer Element to the Range Safety Inspection Training Site Command effective the same date.  The orders show the assignment/loss reason was "Individual's Request" and he was assigned to MOS 00F.

3.  On 12 March 2012, he extended his 2005 reenlistment in the SCARNG for 6 years with a new expiration of term of service of 19 November 2018.  He executed and signed an Annex L under the SLRP.  Annex L stated in:

   a.  Section III (Acknowledgement):

		(1)  "I am enlisting, affiliating, reenlisting into a valid, vacant position in which double-slotting is not authorized in MOS 68W, UIC W92MAA, Para/Lin:  071/08."

		(2)  "I have at least 1 qualifying, disbursed loan at time of enlistment/reenlistment/extension/affiliation.  Currently, I have 2 loans.  The total amount that may be repaid on all loans may not exceed $50,000.00."

		(3)  "I am duty MOS qualified for the position that I am enlisting/reenlisting/extending."

   b.  Section XIV (Certification by Service Representative) – contained the service representative's signature and did not contain a bonus control number.

4.  Orders Number 096-830, issued by the SCARNG on 5 April 2012, transferred him to the Range Safety Inspection Training Site Command with an effective date of 12 March 2012.  The orders show the assignment/loss reason was "Individual's Request" and he was assigned to MOS 00F.



5.  He provided copies of the following:

   a.  A DA Form 2823, dated 7 August 2013, wherein the applicant stated he went to Sergeant First Class (SFC) Txxxxxxx to get the SLRP addendum.  They called Specialist (SPC) Jxxxx and were advised that was the form they were specified to use on 12 March 2012.  He was informed in July 2013 that he needed to come in and resubmit the new form.  He was under the impression that they initiated the correct form for that program.  It had been over 1 year and it had just come to their attention that the information that was given to them was not correct.

   b.  A DA Form 2823, dated 7 August 2013, wherein SFC Txxxxxxx stated she provided the applicant with the NGB Form 600-7-5-R-E (SLRP Addendum), dated 2 November 2010, to initiate his SLRP on 12 March 2012.  She was unaware that the SLRP addendum that was being used was outdated.  The SLRP addendum that was used was processed by their Incentive Officer and no indication was made to her that there was an issue with the SLRP addendum until approximately 1 week ago when she was informed by SPC Jxxxx that there was a comment in the Guard Incentive Management System that stated that the SLRP addendum was outdated.

   c.  A DA Form 2823, dated 2 July 2014, wherein the applicant stated:

		(1)  He had been a 68W since he joined the SCARNG in April 1992.  The email that was sent to SFC Txxxxxxx dated 4 June 2014 indicated that he was not assigned as a 68W and that he was in a different slot and was possibly not eligible for the SLRP.  He was assigned as a 68W until he was transferred to the Training Site Command (Garrison Command) due to the fact that he worked with McCrady Emergency Medical Services (EMS) and provided EMS support to the McCrady Training Center.

		(2)  He was placed in a 00F slot at that time and he was still in a 00F slot.  He still worked as a 68W for McCrady Training Center and also supported Fort Jackson, SC, EMS and Moncrief Hospital medical staff.  The new contract he signed was signed by all necessary personnel for him to receive the SLRP for his new contract.  He is a 68W and always had been and would continue to do so for the remainder of his military career.

   d.  A DA Form 2823 dated 10 July 2014 wherein SFC Txxxxxxx stated:

		(1)  She received an email from Sergeant Jxxxx on 4 June 2014 that stated the applicant's ETP for his SLRP application had been returned to State level because the applicant transferred to a 00F position prior to contracting for the SLRP.  A DA Form 2823 was requested to explain why the applicant was not performing duties in his enlisted MOS.

		(2)  The applicant transferred to SCARNG Garrison Command (Training Site Command) effective 14 February 2012 and was placed in a 00F slot on that date.  Prior to being assigned to that unit, he was slotted in a 68W slot.  His submitted SLRP addendum, dated 12 March 2012, indicated that his MOS was 68W and that he was assigned to Para/Lin 071/08 (00F slot-MOS Immaterial as a Range Safety Inspector).

		(3)  The applicant extended his enlistment for 6 years (from 19 November 2011 to 19 November 2018) specifically in order to meet the time in service requirement for the SLRP.  He was under the impression that everything was good to go and that he was fully eligible since he had not received any information from the Education Office to indicate otherwise upon initial application.

		(4)  The Garrison Command did not have 68W slots on the TDA.  The only available place to slot the applicant was in a 00F slot.  He currently performed duties and had performed duties as a 68W since the day that he was transferred to that unit.  He was transferred due to the fact that he was already working with McCrady EMS as an Active Duty Special Work Soldier and McCrady EMS was severely short staffed at that time.  Since the applicant supported training for Soldiers and Sailors preparing to deploy in support of combat operations, it was required that he be transferred to Garrison Command so that his medical expertise could be utilized during the work week as well as drill weekends and to help fill the gaps so that EMS could still be provide in a timely manner.

   e.  A Transfer to SCARNG Garrison Command memorandum, dated 15 July 2014, wherein the Garrison Commander stated that the applicant was transferred to the SCARNG Garrison Command (Training Site) effective 14 February 2012.  The applicant's knowledge and expertise in EMS were needed in order to help maintain a fully operational EMS staff for the McCrady Training Center at a time when the EMS section was short staff.  That unit did not have 68W slots so the applicant was slotted in an MOS Immaterial (00F) slot at the request of the SCARNG Garrison Command.

   f.  Orders Number 196-813, issued by the SCARNG on 15 July 2014, amending Orders Number 092-830 to change the assign/loss reason from "Individual's Request" to "Inactivation, Reorganization, or Relocation."


   g.  A Request for ETP for SLRP memorandum, dated 4 December 2014, wherein the Deputy G1, NGB, advised the SCARNG of denial of the applicant's ETP to retain the $50,000.00 SLRP and that the State Incentives Manager would terminate the incentive without recoupment effective the date of transfer out of the contracted MOS.  The NGB official stated:

		(1)  The applicant's voluntarily transferred out of the MOS for which contracted and enlisted into an unauthorized TDA which both violated ARNG Selected Reserve Incentives Program (SRIP) 11-01.

		(2)  The applicant's contract/bonus addendum is obsolete which violated ARNG SRIP 11-01.  A corrected copy of the addendum is not required as the incentive is being terminated.

		(3)  The applicant's bonus control number was requested approximately 4 months before the date of extension which violated ARNG SRIP 11-01.

		(4)  The applicant contracted for MOS 68W on 12 March 2012.  His current MOS was 00F.

6.  ARNG SRIP for Fiscal Year 2011, effective 1 August 2011, stated in:

   a.  Paragraph 7a – the receipt must fill a valid, automated unit vacancy system position.

   b.  Paragraph 7h – Soldiers shall serve satisfactorily in the authorized MOS for the full term of the service agreement, except for authorized exceptions.

   c.  Paragraph 25 – the Chief, Education, Incentives, and Employment Division was the proponent for ETP and the authority for ETP determinations.  Routine ETPs included Soldiers who fail to obtain duty MOS qualification within 24 months after an involuntary transfer into another skill for the convenience of the government.

7.  Title 37, U.S. Code, section 373, allows for the repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows on 7 April 1992 the applicant enlisted in the SCARNG.  He was awarded MOS 68W.  On 14 February 2012, orders were published transferring him to the SCARNG Garrison Command (Training Site) in MOS 00F.  On 12 March 2012, he extended his 2005 reenlistment and executed an addendum under the SLRP.  The addendum stated he was extending in MOS 68W.  The NGB denied his request for an ETP because he did not meet eligibility criteria for the incentive under the SRIP guidance and terminated the incentive without recoupment effective the date of transfer out of the contracted MOS.

2.  The SCARNG Garrison stated that the applicant's knowledge and expertise in EMS were needed and the EMS staff for the training center at the time was short staffed.  That unit did not have 68W slots so the applicant was slotted in MOS 00F.  Orders were published amending the initial transfer orders to show the applicant was transferred due to "Inactivation, Reorganization, or Relocation."

3.  It appears based on the justification for his transfer and the amended orders, the NGB terminated the incentive without recoupment since he was transferred through no fault of his own.  It is unfortunate that he thinks he was erroneously denied the SLRP; however, the fact remains he had transferred out of the MOS for which contracted prior to contracting for the SLRP.  In conclusion, he extended his enlistment in MOS 68W for an SLRP incentive and his transfer to an unauthorized slot violated SRIP 11-01.

4.  There is insufficient evidence showing he was erroneously or unjustly denied the SLRP incentive.  Therefore, without evidence to the contrary, the action taken by NGB to invalidate the incentive appears to be proper.

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)                                         AR20150000688





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