BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20150005588
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 her military records to show she is entitled to the Student Loan Repayment Program (SLRP).
2. The applicant states her SLRP should be reinstated because her military occupational specialty (MOS) was changed due to her unit's reorganization. This was not a voluntarily action on her part.
3. The applicant provides copies of:
* A DD Form 4 (Enlistment/Reenlistment Document, dated 28 December 2007
* A DD Form 1966 (Record of Military Processing - Armed Forces of the United States, dated 28 December 2007
* Annex L (SLRP Addendum) dated 28 December 2007
* Orders 137-1074, Joint Forces Headquarters Indiana, dated 17 May 2011
* Memorandum, Request for Exception to Policy (ETP), National Guard Bureau, dated 7 February 2014
* Memorandum, Joint Forces Headquarters Indiana, dated 10 February 2014
* Orders 086-1019, Joint Forces Headquarters Indiana, dated 27 March 2014
* Memorandum from commander, 338th Quartermaster Field Services Company, dated 20 November 2014
* Memorandum for Record from the applicant, dated 20 November 2014
CONSIDERATION OF EVIDENCE:
1. A DD Form 4 (Enlistment/Reenlistment Document) dated 28 December 2007, shows the applicant enlisted in the Army National Guard (ARNG) for 8 years. She further enlisted in the Indiana ARNG (INARNG) that same day for a period of 6 years.
2. Annex L (SLRP Addendum) to the applicant's DD Form 4 shows she was eligible for the SLRP up to $20,000. The addendum further stated that her SLRP would be terminated with recoupment if she voluntarily transferred out of her MOS. She signed this addendum on 28 December 2007 acknowledging these conditions.
3. Orders 137-1074, Joint Forces Headquarters Indiana, dated 17 May 2011 announced the applicant's reassignment and change of MOS from 92A1O (Food Operations Specialist) to 92S1O (Shower, Laundry and Clothing Specialist) effective 15 May 2011.
4. A memorandum from the ARNG Deputy G-1 to the INARNG, dated 7 February 2014, states the applicant's request for an ETP to retain her SLRP was denied because she had voluntarily transferred out of her contracted MOS of 92A. The $20,000.00 SLRP incentive was to be recouped.
5. In a memorandum dated 10 February 2014, the applicant was advised by the INARNG Education Services Officer that her ETP had been denied and that she would receive additional correspondence pertaining to her SLRP termination and recoupment.
6. Orders 086-1019, Joint Forces Headquarters Indiana, dated 27 March 2014, amended Orders 137-1074, discussed above, by adding additional instructions stating that her duty position and MOS were changed due to a reorganization.
7. In a memorandum, dated 20 November 2014, the applicant's commander stated that the applicant had been approached to change her MOS due to a re-organization. An administrative error caused the applicant's termination of her SLRP. An amendment to her orders was published to show that the action was not voluntary and that she was not at any fault.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her military records should be corrected to show she is eligible to retain her SLRP because her MOS was changed due to her unit's reorganization.
2. The available evidence clearly shows the applicant enlisted in the INARNG for 6 years and had a qualified SLRP addendum. Furthermore, her change of MOS was not a voluntary action but was a result of her unit re-organizing.
3. In view of the above, there is no evidence showing she was at any fault or that she had violated any of the provisions of her SLRP addendum.
4. Based on the foregoing, her records should be corrected to show her eligibility for the SLRP in accordance with the terms of her enlistment contract with SLRP Addendum, dated 28 December 2007.
5. Additionally, all recoupment actions with regard to the SLRP should be stopped and any monies previously recouped should be refunded to the applicant.
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 stopping any and all recoupment action concerning her SLRP and reimbursing her any monies previously recouped as a result of this correction.
___________ 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) AR20130015606
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