IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150001892 


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 correction of his records to show entitlement to the $20,000 Student Loan Repayment Program (SLRP) incentive that he contracted for upon entry in the Army National Guard (ARNG).

2.  The applicant states that he signed the SLRP contract on 8 April 2010 to serve as a chaplain.  The ARNG made one annual payment of $6,666.66 in April 2011.  However, the ARNG failed to make the two remaining annual payments in April 2012 and April 2013.

   a.  In May 2012, he initiated action to request payment through the Illinois ARNG (ILARNG) Incentives Manager (IM).  Almost one year later, the National Guard Bureau (NGB) IM provided the ILARNG IM guidance for the applicant to submit in writing an exception to policy (ETP) for payment under the contract.  In June 2013, he submitted a request for ETP.  About one year later, the NGB denied his request.  He submitted a second request for ETP; it was denied on 
29 December 2014.

   b.  The NGB IM referenced NGB Education Division Instruction (EDUi) 1.1 (ARNG Chaplain, Health Professional, and Enlisted Loan Repayment Program (CHERLP)), effective 1 October 2009.  The NGB IM cited three reasons for the denial of his request for ETP; specifically –

* he transferred out of his contractual area of concentration (AOC) prior to completing his agreement
* he is ineligible because he accepted an Active Guard/Reserve (AGR) position
* the request for an SLRP Bonus Control Number (BCN) was submitted after he signed the contract

   c.  The applicant states:

    	(1)  He was appointed as a chaplain and his source of commission never changed.  His duty assignment changed to serving as a specialty branch officer recruiter and chaplain for the Recruiting and Retention Battalion.

    	(2)  The CHERLP policy states, "Soldiers ordered to active duty in the State (Title 32) AGR program and Soldiers accepting employment in the (Title 32) Military Technician (Mil-Tech) program will be entitled to CHELRP payments as long as they remain serving under their initial contract and/or agreement for which CHELRP was awarded."  He adds the "Summary of Change" highlights major changes and the last bullet states that "AGR Soldiers are now eligible."

    	(3)  The ILARNG IM provided the applicant copies of Strength Maintenance Management System (SMMS) screen shots that show both the SLRP BCN and applicant's signature as of 8 April 2010.

3.  The applicant provides copies of –

* his appointment orders
* NGB-EDUi 1.1 (ARNG CHERLP), effective 1 October 2009
* SMMS screen shots
* Chaplain Loan Repayment (CLRP) Addendum
* three requests for ETP for the SLRP incentive with the NGB's denial
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the ARNG of the United States and ILARNG from 17 September 1992 through 30 June 2003.

2.  U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated
30 September 2003, appointed the applicant as a Reserve commissioned officer of the Army, in the rank of second lieutenant, effective 1 July 2003.


3.  State of Illinois, Camp Lincoln, Springfield, IL, Orders 339-131, dated 
5 December 2007, separated the applicant from the ARNG and as a Reserve of the Army (in the rank of first lieutenant, Chaplain Branch, AOC 56A (Command/ Unit Chaplain)), effective 7 November 2007.  The orders also appointed him in the ARNG (in the rank of captain, Chaplain Branch, AOC 56A), effective 
8 November 2007.

4.  Illinois Army and Air National Guard, Springfield, IL, memorandum, dated 
3 October 2012, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), shows the Military Personnel Officer notified the applicant that his eligibility for retired pay had been established upon attaining age 60.  
(The applicant was born in July 1975.)

5.  State of Illinois, Camp Lincoln, Springfield, IL, Orders 048-311, dated 
17 February 2012, continued the applicant in an AGR status and ordered him to an AGR status for the period (active duty commitment) from 18 July 2010 to 17 July 2013.  His new AGR duty assignment was Full-Time Manning, Recruiting and Retention Office, Special Skill Identifier (SSI) 01A00YY (Officer Recruiter).

6.  A DA Form 67-9 (Officer Evaluation Report) for the period 1 July 2010 through 30 June 2011, shows in Part III (Duty Description) –

* block a (Principal Duty Title):  Officer Strength Manager – Recruiter
* block b (Position AOC):  01A/Immaterial

7.  A DD Form 214 shows the applicant entered active duty this period on 
18 July 2010, was honorably retired on 23 March 2014 based on permanent disability (enhanced), and transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  He had completed 3 years, 8 months, and 6 days of net active service this period.  It also shows his primary specialty as 56A.

8.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant entered service this period on 1 July 2003, was honorably retired from the ARNGUS and ILARNG on 23 March 2014, and transferred to the USAR Control Group (Retired).  He had completed 10 years, 8 months, and 23 days of net service this period; 8 years, 2 months, and 6 days of prior Reserve Component service; 2 years, 7 months, and 8 days of prior active Federal service; and 21 years, 6 months, and 7 days of total service for pay and retired pay.  It also shows his primary specialty as 56A.


9.  In support of his application, the applicant provides the following documents:

   a.  NGB-EDUi, effective 1 October 2009, that consolidated CHELRP policies into one instruction.

    	(1)  Section II (Requirements), paragraph 2-1 (Chaplain Eligibility), establishes eligibility for those who hold an appointment as a chaplain in the ARNG.  It also shows repayment of any such loans under this program shall be made after each year of satisfactory service performed as a chaplain commissioned officer in the ARNG beginning on the date the CLRP service agreement is signed.

    	(2)  Section IV (Suspension and Termination), paragraph 4-4 (AGR and Military Technician (Mil-Tech)), states, "Soldiers ordered to active duty in the State (Title 32) AGR program and Soldiers accepting employment in the (Title 32) Mil-Tech program will be entitled to CHELRP payments as long as they remain serving under their initial contact and/or agreement for which CHELRP was awarded.  If a Soldier must extend to meet AGR tour requirements he/she will receive a prorated amount until the effective date of new extension.  Under no circumstances will a Soldier ordered to Federal (Title 10) AGR program be entitled to CHELRP payments, these Soldiers will receive a prorated amount for term served prior to effective AGR tour start date."

   b.  An Officer Written Agreement, CLRP Addendum, ARNGUS, that shows the applicant agreed to serve in the ARNG for 3 years as a chaplain in the ARNGUS.

    	(1)  He acknowledged he had existing loans that have been applied towards a basic professional qualifying degree or graduate education resulting in a Master of Divinity degree or equivalent.

    	(2)  He understood that the amount of the qualifying loans that may be repaid, when totaled together, may not exceed $6,666.66 annually for each year of satisfactory service performed as a chaplain in the ARNGUS.

    	(3)  Section IV (Suspension and Termination) shows, "I understand that my eligibility under the program continues unless or until I do one of the following," in pertinent part, "I accept a military technician position where membership in a Reserve component is a condition of employment (a one-time temporary assignment as a military technician for 6 months or less is excluded), or an AGR position."

    	(4)  Section VI (Recoupment) shows that at the time of termination, any unpaid whole months will be paid on a prorated basis and the CLRP contract will be considered completed.

   	(5)  The applicant, a service representative, and witness signed the form on 8 April 2010.  CLRP BCN "S10040006IL" appears below the signatures.

   c.  Two SMMS screen shots that show the applicant contracted for the SLRP  in the amount of $20,000 with a contract start date of 8 April 2010, BCN S10040006IL, and a contract signature date of 8 April 2010.

   d.  An Authorization Action for SLRP Bonus Accounts, SLRP Information Sheet, that shows a Stafford student loan payment in the amount of $6,666.66 to Sallie Mae (on behalf of the applicant) was authorized on 29 March 2011 with a payment date of 8 April 2011.

   e.  Two ILARNG, Springfield, MO, memoranda, dated 22 April 2013, subject:  Request for ETP [pertaining to the applicant], that show the Education Services Officer and G-1 requested reinstatement of the applicant into the CLRP.  They confirmed the applicant entered the CLRP on 8 April 2010, the request was approved and documentation executed, and the applicant entered the AGR program on 18 July 2010 when Soldiers could retain their incentive as an AGR or Mil-Tech.

   f.  An ILARNG, Springfield, MO, memorandum, dated 25 June 2013, subject:  Request for ETP [pertaining to the applicant], that shows he requested an ETP to retain his CLRP.  He confirmed that he entered the CLRP on 8 April 2010, the request was approved and documentation executed, and the applicant entered the AGR program on 18 July 2010 when Soldiers could retain their incentive as an AGR or Mil-Tech.

   g.  NGB, Arlington, VA, memorandum, dated 19 June 2014, subject:  Request for ETP for CLRP that denied the applicant's request to retain the $20,000 CLRP incentive as an ETP.  The State IM was directed to terminate the incentive with recoupment effective the date of the applicant's contract start date.  The reasons cited by the Deputy G-1, NGB, were the applicant transferred out of the contractual AOC prior to completing his agreement, he became AGR after signing a contractual agreement, and the BCN was requested after the contract signature date, all of which violate ARNG CHELRP Fiscal Year (FY) 2009.  It was noted the applicant transferred to an AGR position as a recruiter on 18 July 2010.  His agreement clearly states that repayment of his loan shall be made after each year of satisfactory performance as a chaplain beginning on the date that the contractual agreement was signed.  The applicant failed to serve one satisfactory year of incentive agreement in his AOC.  Therefore, he is ineligible for the incentive.

   h.  NGB, Arlington, VA, memorandum, dated 29 December 2014, subject:  Second Review of Request for ETP for CLRP, that shows this ETP supersedes the ETP, dated 19 June 2014, and that the applicant's request to retain the $20,000 CLRP incentive was denied.  It also shows the State IM was directed to terminate the incentive effective one day prior to the applicant entering the AGR status with relief of recoupment of payments received while in the AGR status; however, any future payments are forfeited.  The reasons cited by the Deputy
G-1, NBG, were the applicant transferred out of the contractual AOC prior to completing his agreement, he accepted an AGR position between 17 April 2009 and 3 November 2010, and the BCN was requested after the contract signature date, all of which violate ARNG CHELRP FY 2009.  It was also noted that the applicant became AGR on 18 July 2010.

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.

	a.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

	b.  The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant agreed to serve in the ARNG for 3 years as a chaplain (AOC 56A).  Records also show the applicant, a service representative, and witness signed the agreement form on 8 April 2010 and a BCN was issued.

2.  The first anniversary (8 April 2011) payment in the amount of $6,666.66 was authorized on 29 March 2011.  There is no evidence of record of any other anniversary payments.

3.  The evidence of record shows that Soldiers ordered to active duty in the State (Title 32) AGR program and Soldiers accepting employment in the (Title 32) 
Mil-Tech program will be entitled to CHELRP payments as long as they remain serving under their initial contact and/or agreement for which CHELRP was awarded.

4.  The evidence of record shows the applicant accepted an AGR position with a 3-year active duty commitment beginning 18 July 2010 and he performed the duties of Officer Strength Manager – Recruiter (AOC 01A).  Thus, the applicant transferred out of (i.e., terminated) the contractual AOC (56A) prior to completing his 3-year ARNGUS agreement when he accepted the AGR position.

5.  On 29 December 2014, the NGB, Deputy G-1, denied the applicant's request to retain the CLRP incentive.  The State IM was directed to terminate the incentive effective one day prior to the applicant entering the AGR status with relief of recoupment of payments received while in the AGR status and forfeiture of future payments.  The evidence shows this decision was in accordance with applicable policies.

6.  Therefore, in view of the foregoing and based on the available evidence of record, there is an insufficient evidentiary basis for granting 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)                                         AR20150001892



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ABCMR Record of Proceedings (cont)                                         AR20150001892



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