IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002367 


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 reinstatement of eligibility and payment of his college loans under the terms of the Student Loan Repayment Program (SLRP).

2.  The applicant states he was granted a critical skill military occupational specialty (MOS) waiver for the Army National Guard (ARNG) SLRP in 2008.

   a.  He transferred from the 257th Military Police (MP) Company, Minnesota (MN) ARNG (MNARNG) to Company B, 141st Military Intelligence (MI) Battalion, Utah (UT) ARNG (UTARNG).  He was told that he would retain his eligibility for the SLRP because there were no MOS 52D (Power Generation Equipment Repairer) positions within 100 miles and he was transferring to critical skill MOS 35M (Human Intelligence Collection Specialist).

   b.  At the time of his transfer, he was granted a waiver, as an exception to policy (ETP), when he reclassified into MOS 35M.  He was not given a copy of the waiver or ETP; however, the first SLRP payment was authorized on 20 April 2009, which proves that he was granted a waiver.  He adds that in 2008–2009, MOS 35M was a critical skill MOS and there was a shortage of qualified MOS 35M Soldiers when he deployed to Iraq in 2010.

   c.  The waiver has been misplaced or lost due to the transfer from the National Guard Bureau (NGB), Information Management and Recording Center (iMARC) to the Guard Information Management System (GIMS) in 2013.  As a result, a collection action was initiated for the amount ($4,761.30) that was paid after the waiver was granted.
   d.  He states that he submitted all the necessary paperwork in good faith and he performed his duties honorably.  He adds that if he had been given a copy of the waiver, he would have kept it.  If he had been told that a wavier was not available, he would have been willing to drive to a unit that did have an MOS 52D position rather than change his MOS. 

3.  The applicant provides copies of his –

* self-authored statement (summarized above)
* Memorandum for Record (MFR), SLRP Waiver Due To critical skill MOS
* transfer orders
* MOS orders
* DA Form 4836 (Oath of Extension or Reenlistment)
* NGB Request for ETP SLRP
* UTARNG Notice of Incentive Eligibility Termination
* SLRP Payment History
* NGB Form 600-7-5-R-E (Annex L – SLRP Addendum)
* two requests for ETP
* ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 1 October 2006 to 31 December 2006 (Policy Number 07-01)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG of the United States (ARNGUS) on 24 January 2000 for a period of 8 years and in the MNARNG with the Individual Ready Reserve for a period of 6 years.  Upon completion of training he was awarded MOS 52D.

2.  A DA Form 4836 shows, on 11 December 2006, the applicant extended his 
6-year enlistment in the MNARNG a period of 6 years.  Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum), pertaining to the applicant's extension, provides the obligation and participation requirements for entitlement under the SLRP and also occasions that are a basis for suspension or termination.
   
   a.  A review of the SLRP Addendum shows that:

	 	(1)  the applicant indicated he was a Soldier in the ARNG and extending for a minimum term of service of 3 years in the ARNGUS.  He had not previously received the SLRP for service in the Selected Reserve;
    	(2)  he was reenlisting/extending in MOS 52D/52C that was authorized for SLRP and that he must remain in the contracted MOS for the first 3 years of his contract; and

    	(3)  he had six loans existing in the amount of $15,981 and the total amount of repayment for qualifying loans would not exceed $20,000.

   b.  Section V (Termination) shows, in pertinent part, "I understand that my SLRP eligibility will be terminated if I voluntarily transfer out of my contracted MOS or SLRP eligible unit."

   c.  Section VI (Authentication) shows the applicant placed his signature on the document on 11 December 2006.

   d.  Section VII (Certification by Service Representative) shows that First Lieutenant A___ S. C____ is listed as the enlisting official; however, the form is not signed or dated.  It does show a Bonus Control Number (BCN) of "S06120004MN."

3.  An NGB Form 22-5 (Addendum to DD Form 4) shows the applicant voluntarily transferred interstate to the UTARNG on 31 January 2008.  Part I (Soldier Data) shows him primary MOS (PMOS) was 52D1O (a critical skill MOS).  The applicant and the unit representative placed their signatures on the document on 31 January 2008.  A review of the form fails to reveal an approved waiver for critical skill MOS 35M.

4.  Joint Forces Headquarters – Minnesota, Office of the Adjutant General, Saint Paul, MN, Orders 042-1071, dated 11 February 2008, transferred the applicant from the 257th MP Company (MNARNG) to Company B, 141st MI Battalion (UTARNG) in MOS 35M2L, effective 31 January 2008.

5.  Joint Forces Headquarters, UTARNG, Draper, UT, Orders 176-017, dated 24 June 2008, pertaining to the applicant, withdrew his PMOS of 52D1O and awarded him PMOS 35M1L and secondary MOS (SMOS) 52D1O effective 
13 June 2008.

6.  Joint Forces Headquarters, UTARNG, Draper, UT, Orders 312-014, dated 8 November 2011, pertaining to the applicant, withdrew his SMOS of 52D3O and awarded him SMOS 91D3O (Power Generation Equipment Repairer) effective 8 November 2011.

7.  A review of the applicant's Official Military Personnel File failed to reveal any evidence that the applicant was granted a waiver for the SLRP for critical skill MOS 35M or that he submitted a DD Form 2789 (Waiver/Remission of Indebtedness Application).

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

   a.  Two Company B, 142nd MI Battalion (Linguist), Ogden, UT, MFRs, dated 30 April 2013, that show he requested an ETP based on administrative errors and MOS change.  He stated that it was his understanding that his reenlistment contract was completed properly and, at the time of his transfer, he was told that his reclassification into MOS 35M would not affect his SLRP incentive because MOS 35M was a critical skill MOS.

   b.  NGB, Arlington, VA, memorandum, dated 23 September 2014, subject:  Request for ETP for SLRP, that denied the applicant's request to retain the $20,000 SLRP incentive as an ETP.  The State IM was directed to terminate the incentive with recoupment effective the date of the applicant's transfer to the UTARNG.  The reasons cited by the Deputy G-1, NGB, were the applicant's incentive addendum is missing the official's signature and the date signed, and the applicant voluntarily transferred out of the contracted MOS eligible unit, all of which violate ARNG SRIP FY 2007 (Policy Number 07-01).

   c.  Joint Forces Headquarters, UTARNG, Draper, UT, memorandum, dated 16 October 2014, subject:  Notification of Incentive Eligibility Termination, that shows the Deputy Chief of Staff, Personnel, notified the applicant that his SLRP incentive contract required termination, effective 31 January 2008, due to the applicant voluntarily transferring out of the contracted MOS eligible unit.  He was also notified that the recoupment amount of $4,761.30 was being forwarded for debt collection action.

   d.  Great Lakes, Student Loan Payment History, dated 22 October 2014, that shows, in pertinent part, a total loan disbursement amount of $15,781.00 and the military payment of $4,761.30 on 20 April 2009.

   e.  Joint Forces Headquarters, UTARNG, Draper, UT, MFR, dated 16 December 2014, subject:  SLRP Waiver due to critical skill MOS [pertaining to the applicant], that shows First Sergeant K___ R. N____, stated that he was serving as Readiness Noncommissioned Officer, Company B, 141st MI Battalion, when the applicant transferred into the unit.  At the time, there were no MOS 52D positions within 100 miles of the unit, the applicant was given a waiver or ETP when he reclassified into MOS 35M, and MOS 35M was a critical skill MOS in 2008 – 2009.  He also states that he submitted the paperwork for the applicant's SLRP payment on 20 April 2009 in the amount of $4,761.30.

9.  ARNG SRIP Policy Guidance for FY 2007, 1 October 2006 – 31 December 2006 (Policy Number 07-01), dated 1 October 2006, that shows the SLRP will be offered for prior service (PS) Soldiers who enlist or extend for a term of service of not less than 3 years.  The PS Soldier must be MOS qualified for the position for which enlisting/extending and enlist/extend in a valid, vacant position or against a projected vacancy within 101%–125% of the unit's authorized wartime strength regardless of receipt of reenlistment bonus.  Paragraph 5 (Termination with Recoupment) provides, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payment for service performed before the termination date.  Unless granted relief, the member must refund a prorated amount to the Government, if such termination is, in pertinent part, due to his/her move to a non-bonus skill or unit, unless the move is required by the ARNG.

10.  Army Regulation 135-7 (Incentive Programs), in pertinent part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every six (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.  The applicant contends, in effect, that his SLRP eligibility should be reinstated and he should be relieved of the debt because he was eligible to participate in the SLRP; the service representative failed to sign and date the SLRP Addendum at the time of his reenlistment; and he subsequently was granted a waiver to retain the SLRP when he transferred from his MNARNG MOS eligible unit to a UTARNG unit.

2.  Records show the applicant extended his enlistment in the MNARNG for the SLRP as a PS ARNG Soldier on 11 December 2006 based on critical skill MOS 52D.

   a.  At the time, he acknowledged that he understood that his SLRP eligibility would be terminated if he voluntarily transferred out of his contracted MOS or MOS eligible unit.

   b.  The applicant placed his signature on the form on 11 December 2006.  It was not authenticated by the service representative; however, it does show a BCN.

   c.  On 31 January 2008, he transferred from his MNARNG critical skill MOS 52D eligible unit to a UTARNG unit in MOS 35M.

3.  There is no evidence of record, and the applicant fails to provide evidence, that he was granted a waiver for the SLRP incentive upon transfer to the UTARNG to serve in MOS 35M.
   
4.  The evidence of record shows the NGB terminated the applicant's SLRP incentive with recoupment effective the date of the applicant's transfer to the UTARNG (31 January 2008).

5.  The evidence of record shows, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payment for service performed before the termination date. Unless granted relief, the member must refund a prorated amount to the Government, if such termination is due to his move to a non-bonus skill or unit, unless the move is required by the ARNG.

6.  The evidence of record shows the applicant completed the first year of his
6-year extension prior to transferring from the MNARNG critical skill MOS (52D) eligible unit to the UTARNG.  Despite the fact that the enlisting official did not sign the SLRP Addendum, it does show a BCN was issued authorizing the SLRP incentive.  Therefore, as a matter of justice, it would be appropriate to waive the applicant's indebtedness that was incurred based on the first anniversary SLRP payment in the amount of $4,761.30.  However, the evidence of record is insufficient to support reinstatement of eligibility and any further payment of his college loans under the terms of the SLRP.

7.  Therefore, in view of all of the foregoing, his records should be corrected, as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by:

   a.  showing, on 11 December 2006, an authorized Student Loan Repayment Program Addendum was completed with a total amount of repayment for qualifying loans not to exceed $20,000.00, that it was assigned Bonus Control Number S06120004MN, the document was properly signed by all required officials/individuals, and authorizing the Student Loan Repayment Program incentive in accordance with the terms of the program;

   b.  correcting	National Guard Bureau, Arlington, VA memorandum, dated 23 September 2014, subject:  Request for Exception to Policy for Student Loan Repayment Program (pertaining to the applicant) to show in paragraph 2c, "The State Incentive Manager (IM) will terminate the incentive, effective 31 January 2008, without recoupment"; and

   c.  notifying the Defense Finance Accounting System of the results of this decision to remit the applicant's indebtedness in the amount of $4,761.30 that is based on the Student Loan Repayment Program payment that was made on 20 April 2009.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to eligibility for reinstatement of 


the Student Loan Repayment Program subsequent to 31 January 2008 and entitlement to any additional anniversary payments.



      ___________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)                                         AR20150002367



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