IN THE CASE OF:  	  

		BOARD DATE:  25 August 2015	  

		DOCKET NUMBER:  AR20150003856 


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 an exception to policy (ETP) to retain her Student Loan Repayment Program (SLRP) incentive.

2.  She states she contracted for the SLRP with the Iowa Army National Guard (IAARNG); however, the U.S. Army Reserve Command (USARC) cited incorrect administrative information, facts, and policies when they disapproved her request for an ETP to retain her SLRP in the USAR.

3.  The applicant provides:

* email correspondence
* USARC denial of ETP
* a self-authored statement
* tax documents and SLRP payment history
* enlistment and extension documents with SLRP addendum
* several DD Forms 214 (Certificate of Release of Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the IAARNG on 20 September 2003 for an 8-year period.  She contracted in military occupational specialty (MOS) 42L (Administrative Specialist) for a $3,000.00 enlistment bonus.  She completed her required training and was awarded MOS 42L.

2.  On 26 August 2009 she extended her enlistment for a period of 6 months.

3.  On 28 January 2010 in conjunction with a 6 year extension/reenlistment, she executed Annex L (SLRP Addendum) for the student loan repayment incentive not to exceed $50,000.  This incentive required the applicant to agree to an assignment with Detachment 1, Headquarters Support Company, Aviation Support Battalion, Unit Identification Code (UIC) X91T1, and to a qualified duty MOS position as a 42L.

4.  Her Annex L shows she acknowledged:

* she had 17 existing student loans in the amount of $53,348.00
* the reasons for termination included:

* separation from the ARNG for any reason
* voluntary transfer out of her contracted MOS or skill
* voluntary transfer to a non-deploying TDA or any TDA not specifically authorized a bonus

5.  She also acknowledged the following statement listed in Section VI (Statement of Understanding) with her initials:

I understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP/ROTC Cadet.  It will also continue upon acceptance of either a commission or appointment as an officer or warrant officer candidate in the ARNG.  The timeline of the original contract will remain in effect.  I also understand that my continued participation in this program will cause me to be ineligible for any officer/warrant officer accession bonus.

6.  She entered active duty on 21 March 2010 and completed Officer Candidate School (OCS) on 9 June 2010.  She took her oath of office and was appointed as a second lieutenant (2LT/O-1) in the Military Intelligence (MI) Branch on 10 June 2010 in the ARNG.

7.  She attended the MI Officer Leader Course from 30 June through 29 October 2010.

8.  On 8 August 2011 she was transferred to the USAR Control Group, Individual Ready Reserve (IRR).

9.  On 9 February 2012 she was released from the IRR and voluntarily accepted an assignment to a USAR unit in Jacksonville, FL.  She is currently serving in the Selected Reserve as an MI officer.

10.  The applicant provides a memorandum signed by the Chief, Manning Division, Headquarters, USARC, Fort Bragg, NC, dated 29 October 2014, denying her request for ETP and citing the following reasons:
  
	a.  she enlisted on 20 September 2003, for 8-years in the ARNG for a $50,000.00 SLRP in MOS 35D;

	b.  she was released from the ARNG on 8 August 2011 and transferred into the IRR on 10 August 2011;

	c.  she accepted a commission in the USAR on 14 February 2012, which forfeited her SLRP from the ARNG;

	d.  an ARNG Soldier upon transfer to the USAR will remain eligible for the SLRP provided the Soldier continues to serve in the contracted MOS, or transfer was based on unit transition; and 

	e.  the Fiscal Year 2012 (FY12) SRIP incentive did not authorize the SLRP for the Area of Concentration 35D.

11.  The applicant identifies several inaccuracies found in the ETP memorandum described above.  Specifically, the date she contracted for the SLRP, her release date from the ARNG, the date she transferred to the IRR, and her source of her commission are all incorrectly listed.  She contends that her contract allows her to retain her SLRP upon acceptance of a commission.  Further, she received a $7,500.00 SLRP payment while serving with the IAARNG and did not accept an Officer Accession Bonus (OAB) upon her transfer to the USAR for the sole purpose of retaining her SLRP.

12.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, stated a member shall not be eligible to receive any further incentive payments, except for service performed before the termination when they separate from a Selected Reserve (SELRES) unit or the Inactive Ready Reserve (IRR) of the Army Reserve or Army National Guard of the United States (ARNGUS) for any reason.  Separation includes, but is not limited to discharge or transfer to the IRR, Inactive National Guard, Standby, or Retired Reserve.

13.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard (ARNG) and USAR incentive programs.  The SRIP incentive is offered to newly accessed officers who met eligibility criteria and access into an officer specialty listed in the Selected Reserve Incentive Program, for the period in which commissioned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests retention of her enlisted SLRP incentive.

2.  It is noted that the USARC’s denial of her request for ETP contains numerous administrative errors but based on the evidence of record the primary reason for the termination of her SLRP was clearly her transfer into the IRR.

3.  She contracted with the IAARNG on 28 January 2010 for the SLRP and she agreed to complete 6 years as a 42L while assigned to Detachment 1, Headquarters Support Company, Aviation Support Battalion.  Subsequently, on 10 June 2010, she accepted a commission as a 35D MI ARNG officer and her SLRP remained in effect.  However, on 8 August 2011, she transferred to the IRR and remained in the IRR until she was reassigned to the USAR on 
9 February 2012.  Based on the terms of her SLRP contract, any transfer out of the ARNG, to include transfer to the IRR, would terminate her eligibility for the SLRP; therefore, her SLRP was properly terminated.

4.  She further contends that she did not accept an OAB because she was still authorized the SLRP; however, the applicant was previously commissioned while in the ARNG and, therefore, not a newly-commissioned officer and not eligible to receive the OAB.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding the USARC denial memorandum and reinstating Annex – L (SLRP Addendum) of her enlistment contract provided she is otherwise eligible.  




      _______ _  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)                                         AR20150003856



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ABCMR Record of Proceedings (cont)                                         AR20150003856



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