IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20150006569 


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 his Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states he was unjustly disenrolled from the SLRP.  He voluntarily accepted a lower grade (warrant officer one (WO1)) in order to branch transfer to Aviation from Field Artillery.  In order for this to be accomplished, he had to submit an unqualified letter of resignation and have a DD Form 214 (Certificate of Release or Discharge from Active Duty) generated on 23 January 2014 in order to facilitate his appointment to the rank of WO1 on 24 January 2014.  This ensured he had no break in active duty pay.  He believes that once his DD Form 214 was generated the personnel in charge of the SLRP program believed that he terminated his contract prior to the final payment being made.  Therefore, they believed it just that he should be disenrolled from the SLRP program.  He continues to remain in active duty status and believes that he has fulfilled his obligation to the program in order to receive the final SLRP payment.

3.  The applicant provides:

* active duty orders, dated 29 March 2011
* promotion orders, dated 30 September 2014
* DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ), and/or Variable Housing Allowance (VHA))
* DA Form 71 (Oath of Office)
* email from the U.S. Army Human Resources Command (HRC) Finance and Incentives Team
* DD Form 214, ending on 22 January 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) for 8 years as a Reserve Officers' Training Corps (ROTC) cadet.  With this enlistment, he completed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract).  He agreed to serve up to 4 years on active duty as a commissioned officer. 

2.  He also completed an ROTC U.S. Army Cadet Command (USACC) Form 597-6 (SLRP Addendum to Army Senior ROTC Cadet Contract).  He  

* agreed to accept the SLRP and acknowledged that an additional active duty service obligation (ADSO) would be incurred upon repayment of any of his qualifying loans 
* understood the SLRP ADSO based on a value of $25,000 incurs 1 year, $25,001 to $45,000 incurs 2 years, and $45,001 to $65,000 incurs 3 years 
* understood the ADSO is consecutive to any other ADSO incurred from any other program 
* acknowledged if he failed to fulfill any of his military service obligations outlined in his ROTC contract to include his ADSO incurred from loan repayment after he is commissioned, he would be required to reimburse the Government any monies plus interest equal to that paid 

3.  He was discharged from the USAR Control Group (ROTC) on 3 August 2011. He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant and executed an oath of office on 4 August 2011.  

4.  He was ordered to active duty for a total active duty commitment of 5 years and entered active duty on 11 November 2011.  He completed the Field Artillery Basic Officer Leader Course. 

5.  At some point in 2013, he submitted a request for unqualified resignation.  On 8 November 2013, HRC approved his request effective 1 February 2014 (amended to show 22 January 2014) and ordered his separation from active duty contingent upon acceptance of a Reserve appointment as a WO1.  

6.  He was honorably released from active duty on 22 January 2014.  His DD Form 214 shows he completed 2 years, 2 months, and 22 days of active service. 


7.  On 24 January 2014, he executed an oath of office as a Regular Army chief warrant officer two (CW2) and on 30 September 2014 was promoted to the rank of CW2 with an effective date of promotion of 24 January 2014 per Order Number 273-004 issued by HRC.

8.  On 11 February 2015, an official at HRC Finance and Incentive Team notified him that:

	a.  He incurred an MSO plus an ADSO of 1 year when he agreed to contract for the ROTC SLRP.  ADSOs incurred under the ROTC SLRP run consecutively to statutory obligations and will also run consecutively to any other obligation incurred.  ADSOs incurred will be served concurrent with other ADSOs.  

	b.  An officer who voluntarily or because of misconduct fails to satisfactorily serve the period required by the agreement may be required to refund payments made toward student loans.  An obligation to repay the Government imposed under this program is considered a debt.  He was discharged after completing 2 years, 2 months, and 22 days of active service.  He is ineligible for additional payments under the ROTC SLRP.  

9.  The applicant is currently on active duty. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant agreed to serve 4 years on active duty as part of his ROTC agreement.  He also agreed to serve 1 more year of active duty as part of his SLRP agreement.  Accordingly, when he was ordered to active duty, he was ordered to a 5-year commitment as a commissioned officer. 

2.  He voluntarily resigned his Reserve officer commission after completing 2 years, 2 months, and 22 days of active duty and immediately accepted an appointment in the Regular Army as a CW2 and entered the pilot training program the following day.  Because he was no longer serving under the agreed-upon terms of his Reserve commissioned officer contract, the incentive was terminated and he became ineligible for any additional payments under the ROTC SLRP incentive.  

3.  There is neither an error nor an injustice in the applicant's case.  As such, he should not have this incentive reinstated.  


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)                                         AR20150006569



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ABCMR Record of Proceedings (cont)                                         AR20150006569



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