IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20150003425 


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

2.  The applicant states:

* the Army National Guard (ARNG) liaison at advanced individual training (AIT) told him he needed to change his military occupational specialty (MOS) since he did not meet the voice requirements
* the recruiters failed to conduct a voice test prior to his enlistment
* his MOS was not changed with his SLRP as a complete package
* his MOS was changed to a needed MOS at the time so he would not lose entitlement to the SLRP

3.  The applicant provides a copy of his SLRP Addendum.

CONSIDERATION OF EVIDENCE:

1.  On 18 July 2012, the applicant enlisted in the Iowa Army National Guard (IAARNG) for a period of 6 years in the rank/grade of private first class/E-3.

2.  In conjunction with his enlistment, the applicant and the service representative signed the following addenda on 18 July 2012:

	a.  Annex K (Montgomery GI Bill Selected Reserve (MGIB-SR) Kicker Addendum – ARNG) that shows the service representative verified he met the eligibility requirement for the incentive.

	b.  Annex A (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment) to DD Form 4, dated 18 July 2012, wherein he acknowledged that:

* he was enlisting in IAARNG unit identification code (UIC) WQE5AA as a non-prior service (NPS) member
* he would attend basic training at Fort Jackson, SC
* he would undergo training in MOS 46R (Public Affairs Broadcast Specialist)
* he would accept training in an alternate MOS if offered and remain on inactive duty training for such additional training as required

	c.  Annex L (SLRP Addendum) that shows he acknowledged and understood that:

* he was enlisting in an MOS for the duty position to which he was being assigned that matched the authorized military grade and skill qualification commensurate with the position by skill level into a critical skill vacancy
* he must fill a valid Automated Unit Vacancy System (AUVS) position in the Recruit Quota System (REQUEST) and enlist in a valid top-loaded modified table of organization and equipment (MTOE) or medical table of distribution and allowances (TDA) unit only
* he must not be filling an excess or overstrength position (exception not authorized)
* he was enlisting in the ARNG for 6 years
* he had 12 disbursed loans existing in the amount of $53,653 and the total amount of repayment for qualifying loans would not exceed $45,000 for a 6x2-year enlistment option or $50,000 for an 
8x0-year enlistment option
* he was an NPS applicant enlisting in MOS 46R, UIC WQE5AA, and assigned unit control number 8992287
* anniversary SLRP payment would not exceed 15 percent or $500 (whichever was greater) – the maximum annual payment would not exceed $7,500
* the SLRP anniversary payment was not processed automatically; he must continue to meet all requirements each year and his qualification has been verified by the State Incentive Manager
* he would be eligible for continued receipt of the incentive if his MOS were changed due to unit transition, reorganization, or conversion provided he met all other eligibility criteria and became duty MOS qualified in the new MOS within 24 months
* the SLRP incentive might be terminated without recoupment if he voluntarily changed his enlistment MOS during the contractual obligation

	d.  Annex E (NPS Bonus Addendum) that shows he was authorized a $10,000 enlistment bonus.

3.  Headquarters, U.S. Army Signal Center of Excellence and Fort Gordon, Orders 224-036, dated 12 August 2013, show he was awarded MOS 25Q (Multi-Channel Transmission Systems Operator) effective 27 August 2013.

4.  On 27 January, the IAARNG Education Services Officer advised the applicant of the discrepancy in his bonus and/or SLRP incentive contract based on his failure to comply with contract requirements of obtaining the MOS for which he contracted.

5.  On 31 January 2014, the applicant submitted a request for an exception to policy (ETP) to retain his SLRP incentive.  He stated he fully intended to become MOS 49R qualified; however, he was directed to change his MOS by the ARNG liaison during AIT because he didn't meet the voice requirements.  The recruiters failed to conduct a voice test prior to him enlisting for MOS 49R.  He was told he would not lose the incentive since it was not his fault.

6.  On 13 February 2014, the IAARNG G-1 submitted an ETP request on behalf of the applicant to the National Guard Bureau (NGB) for retention of his SLRP incentive.  The ETP request stated the applicant did not meet the voice requirements for MOS 46R; however, the applicant was awarded MOS 25Q on 27 August 2013.

7.  On 5 December 2014, the NGB Deputy G-1 approved an ETP request for the applicant to retain his NPS enlistment bonus.  She stated the applicant was erroneously enlisted for MOS 46R without an approved voice audition and withholding payment of his incentive would be against equity and good conscience and contrary to the best interest of the Army.

8.  On 30 December 2014, the NGB Deputy G-1 denied the ETP request for retention of the applicant's SLRP incentive and directed the State Incentive Manager to terminate the incentive without recoupment effective the contract starting date.  She stated the applicant was unable to pass the voice audition and he was not serving in the MOS that he contracted for which violated ARNG Selected Reserve Incentives Program (SRIP) Policy for Fiscal Year 2012, Policy Number 012-01, effective 5 June 2012.

9.  On 13 January 2015, the IAARNG Education Service Officer notified the applicant that his ETP request for retention of his SLRP incentive was disapproved.

10.  On 16 January 2015, the IAARNG Education Services Officer advised the applicant that his ETP request for retention of his reenlistment (enlistment) bonus was approved and that any remaining payments would be made in accordance with his payment schedule.

11.  ARNG SRIP Policy Number 012-01, dated 17 April 2012 and effective 5 June 2012, stated, in part, a Soldier:

	a.  must enlist for a critical skill vacancy in the grade of E-4 or below; and

	b.  must enlist in a qualifying valid, top-loaded AUVS position in REQUEST in an MTOE or medical TDA unit and must not be filling excess, overstrength, or manually-loaded vacancies.  Exceptions were not authorized.

12.  Department of Defense 1205.21 (Reserve Component Incentive Programs Procedures) 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 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.

13.  Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reserve members who 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.

14.  To be eligible for the SLRP incentive, a person must contractually obligate himself/herself to serve satisfactorily, must serve in a Reserve unit for the full term of the contractual agreement, and must further obligate himself/herself to continue to serve in the same component and the same MOS unless excused for the convenience of the government.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant contracted for MOS 46R and an SLRP incentive for $50,000 in good faith.  However, he was erroneously enlisted without an approved voice audition.  After completing basic combat training and reporting to AIT, he was given the voice audition and failed.  He was subsequently trained in and awarded MOS 25Q at the direction of the ARNG liaison.

2.  ARNG SRIP Policy 012-01 stated exceptions were not authorized.  Since he did not meet the MOS requirements he agreed to in his SLRP Addendum, the addendum was not considered a valid contract.  However, the applicant was unjustly disadvantaged by not having a voice audition administered prior to his enlistment.

3.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct his records by showing the Army authorized him to receive the SLRP benefit in question as an ETP and paying the SLRP incentive in the amount due based on authorized qualifying student loans.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  amending his SLRP Addendum, dated 18 July 2012, to include the statement, "If you enlist for the SLRP and the government fails to verify that you meet the eligibility criteria for entitlement to the SLRP, and such failure results in nonpayment of the loan by the SLRP or the repayment or default of the loan, the Army Board for Correction of Military Records may pay the loan, at its sole discretion, in accordance with Title 10, U.S. Code, section 1552"; and

	b.  showing he is authorized the SLRP incentive as written in his enlistment contract, dated 18 July 2012, as amended by this correction and paying him in accordance with his SLRP Addendum the amount of the loans up to the amount of $50,000.



      _____________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)                                         AR20150003425



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ABCMR Record of Proceedings (cont)                                         AR20150003425



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