IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20150004258 


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) to retain his Student Loan Repayment Program (SLRP) bonus incentive based on his reenlistment contract in 2009.  

2.  The applicant states:

	a.  he has only received one payment since his reenlistment and he had not received any payment or communication providing an explanation since he has been in the North Carolina Army National Guard (NCARNG) until he received denial of incentive on 3 December 2014.

	b.  he is in good standing and has no flags [Suspension of Favorable Personnel Actions]. 

	c.  the correction is to honor the original contract and grant him the incentive for SLRP based on the original contract.

	d.  he believes the error was caused when he transferred from the Ohio ARNG (OHARNG) to the NCARNG and several changes in his unit's Modified Table of Organization and Equipment (MTOE) caused his records not to be correctly transferred.  



3.  The applicant provides:

* Memorandum, subject:  ETP to Process Bonus, dated 4 August 2013
* Memorandum, subject:  Command Directed Reclassification of Sergeant (SGT) [applicant's name] (8916), dated 10 January 2015
* National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 - Prior Service Enlistment Bonus Addendum ARNG of the United States (ARNGUS))
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum ARNGUS)
* Memorandum:  subject:  Request for ETP for SLRP (SGT [applicant's name, xxx-xx-8916]), dated 3 December 2014

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving as a SGT/E-5 in the NCARNG.  

2.  After having prior service in the U.S. Army Reserve, the applicant enlisted in the OHARNG on 24 April 2009 in pay grade E-5.  Headquarters, 1st Battalion, 148th Infantry Regiment (Brigade Combat Team (BCT)), Orders 154-002, dated 3 June 2009, show he was awarded military occupational specialty (MOS) 92W2O (Water Treatment Specialist), effective 24 April 2009.

3.  In conjunction with his enlistment, the applicant signed an SLRP Addendum:

	a.  He acknowledged that he was a Prior Service applicant enlisting or current member Reenlisting/Extending in an MTOE Aviation Classification Repair Activity Depot (AVCRAD)/Regional Training Institute (RTI)/Special Forces (SF) or Medical Table of Distribution and Allowances (TDA) unit VCTE0 (Unit Identification Code (UIC)).  He also acknowledged that he was duty MOS (DMOS) qualified for the position and enlisting/reenlisting/extending for a term of service of not less than 6 years in the ARNGUS.  

   b.  He indicated he had three disbursed loans existing in the amount $40,975.68.

	c.  He acknowledged the total amount of repayment for qualifying loans would not exceed $50,000.00.

	d.  The Government would repay a designated portion of any outstanding loan(s) that he had secured since 1 October 1975.  The loan(s) must have been made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans).

	e.  He acknowledged that he understood that he would be terminated from bonus eligibility for several reasons, including:  "Voluntary transfer out of the Critical UIC or Critical Skill for which bonus is approved."

   f.  The SLRP addendum was signed by the applicant on 24 April 2009.  The addendum was signed by the Service Representative and Witnessing Official, but the signature dates are not indicated and the SLRP bonus control number was pending.  

4.  He provided an NGB Form 600-7-6-R-E, dated 24 April 2009, which shows he was eligible for a Prior Service Enlistment Bonus under the Selected Reserve Incentive Program. 

5.  The applicant's military record in the Interactive Personnel Electronic Records Management System (iPERMS) contains two DA Forms 1059 (Service School Academic Evaluation Report) which show he completed Phases 1 and 2 of Petroleum Supply Specialist MOS training in September 2010.

6.  On 2 August 2011, the applicant voluntarily transferred from the OHARNG to the NCARNG in primary MOS 92F2O (Petroleum Supply Specialist).  His NGB Form 22-B (Addendum to DD Form 4) indicates his:

   a.  current unit of assignment as Company E, 237th Support Battalion in block 10a.
   
   b.  new unit of assignment as Company A, 690th Brigade Support Battalion in block 12a.
   
   c.  UIC as WX70A0 in block 13a.
   
   d.  DMOS as 92F1O in block 13a.

7.  The applicant provided the following documents:

	a.  A memorandum, dated 4 August 2013, from the Commander of Company A, 230th Brigade Support Battalion, NCARNG who stated that the applicant completed the paperwork for a reenlistment bonus.  However, due to an error in the paperwork, through no fault of his own, he did not receive payment.  The commanding officer requested an ETP for the administrative errors on his contract so that he may receive his payment.  
	b.  A memorandum, dated 3 December 2014, to the NCARNG, which shows the NGB denied the request for an ETP to retain the $50,000 SLRP bonus.  The official stated:

      (1)  the applicant's incentive addendum is missing signature dates from the Witnessing Official and Service Representative which violates ARNG Selected Reserve Incentive Program (SRIP).

		(2)  the applicant voluntarily transferred out of the contracted MOS/SLRP eligible unit which violates ARNG SRIP 07-06 Updated 1 March 2009.

		(3)  the applicant's contract/agreement shows his UIC as VCTE0; date of agreement/enlistment as 24 April 2009; contracted loan addendum/agreement amount as $50,000; and contracted area of concentration (AOC)/MOS as 92W and current AOC/MOS as 92F.

		(4)  the NGB stated the applicant could file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still existed.  

	c.  A memorandum, dated 10 January 2015, to the NCARNG, the OHARNG stated the applicant requested an Interstate Transfer to North Carolina prior to his unit's deployment scheduled for the fall of 2011.  He was transferred from Company E, 237th Support Battalion (IN FSC)/VCTE0-539 to the unit rear detachment Company E, 237th Support Battalion (IN FSC) Rear/VCTE0-53J in order to complete the interstate transfer process.  

8.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  

9.  Army Regulation 135-7 (ARNG and U.S. Army Reserve Incentive Programs) provided that to be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for 
a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same military occupational specialty unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain his SLRP incentive in conjunction with his reenlistment contract in 2009 was carefully considered.  

2.  The applicant enlisted in the OHARNG on 24 April 2009.  In conjunction with his enlistment, signed a SLRP Addendum in the amount of $50,000.  He acknowledged that he would be terminated from bonus eligibility if he voluntarily transferred out of the Critical UIC or Critical Skill for which the bonus was approved.

3.  An ETP request to retain the applicant's $50,000 SLRP was denied by the NGB based on the following:

	a.  the applicant contracted in MOS 92W and UIC VCTE0; however, he voluntarily transferred to NCARNG in MOS 92F and UIC WX70A0 on 2 August 2011.  

   b.  the applicant's SLRP Addendum is missing a bonus control number and the signature dates from the Witnessing Official and Service Representative.  

4.  Since the applicant did not fulfill the requirements of his SLRP Agreement, he is not eligible to retain the SLRP incentive bonus.  Therefore, there is no basis for granting his request.  

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)                                         AR20150004258



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ABCMR Record of Proceedings (cont)                                         AR20150004258



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