IN THE CASE OF:	  

		BOARD DATE:	 20 October 2015 

		DOCKET NUMBER:  AR20150008651 


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 his SLRP incentive was terminated due to his height/weight failures.  He is now within height/weight standards and it would be unjust for his SLRP incentive to remain terminated.  He spent 4 years trying to get the Army to pay his student loans and they dragged their feet looking for a reason not to pay.

3.  The applicant provides:

* a DA Form 4856 (Developmental Counseling Form), dated 2 November 2014
* a letter, dated 19 February 2015, from the National Guard Bureau (NGB) to the applicant's Congressional Representative
* a letter, dated 23 February 2015, from the State of Ohio Adjutant General's Department, subject:  Notification of Incentive Eligibility Termination
* an excerpt from The Army National Guard (ARNG) Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 2014, Effective 
2 June 2014 (#14-01)
* notes from two undated emails


CONSIDERATION OF EVIDENCE:

1.  He is a specialist currently serving in the Virginia ARNG (VAARNG).  He enlisted in the VAARNG on 5 April 2011.

2.  His record contains an NGB Form 600-7-5-R-E (Annex L to DD Form 4, SLRP Addendum, ARNG) he signed on 5 April 2011 in connection with his enlistment, which shows he was enlisting in the ARNG for military occupational specialty (MOS) 88M (Motor Transport Operator), with an initial obligation of 3 years, either 6x2 or 8x0, and for an SLRP incentive up to $50,000.  His signature on this form attests to his understanding of, and agreement with, the contractual terms of his SLRP agreement. 

	a.  In Section III (Acknowledgment) he acknowledged that he was not entitled to the initial loan repayment, or any subsequent repayment of his qualifying student loans, until he had completed his initial active duty for training, including MOS qualification training to be deployable.

	b.  Section VI (Termination) of the SLRP Addendum states if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, the member shall not be eligible to receive any further loan payments, except for payments for service performed before the termination date, on a pro-rated basis.

	c.  Section VI paragraph 7 states two consecutive APFT or body fat standard failures within a 1 year period will result in the termination of an incentive.

3.  On 18 May 2011, he entered active duty.  On 23 September 2011, he was released from active duty for training.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed the Motor Transport Operator course.  On 28 September 2011, he was awarded the MOS 88M.

4.  On 13 September 2013, he was ordered to active duty in support of Operation Enduring Freedom.  He was deployed to Afghanistan from 5 January - 
28 September 2013.  He was released from active duty on 11 November 2013.

5.  On 19 May 2014, the NGB granted an exception to policy for him to retain his SLRP incentive due to discrepancies in his SLRP Addendum.

	a.  The incentive addendum had unauthorized pen and ink changes, was missing signature dates from the witnessing official and service representative, and was missing the signature from the witnessing official.  Although the service representative listed "NA" in blanks on the addendum it did not affect the incentive.

	b.  The applicant had accepted an incentive offer in good faith and had otherwise fulfilled the obligations under the contract as of the date of the request for an exception to policy.  Withholding payment of the incentive would be against equity and good conscience and contrary to the best interest of the Army.

6.  He provided a DA Form 4856 (Developmental Counseling Form), dated 
2 November 2014.  

   a.  The purpose of the counseling was his having passed the Army overweight body fat percentage and was in compliance with Army Regulation 600-9 (The Army Body Composition Program).
   
   b.  He was to be taken off of the Army weight control program.  He would be unflagged and would be able to attend military schools and such.
   
   c.  He must maintain Army standards for weight/height.  If he went back on the weight control program within 6 months he was subject to separation from the Army.
   
   d.  His plan of action was to maintain Army standards, keep going to the gym, and watch what he ate.

7.  On 19 February 2015, the NGB Office of Legislative Liaison provided a response the applicant's Congressional Representative's inquiry on behalf of the applicant regarding payment of his $50,000 ARNG SLRP incentive.  The ARNG's Personnel Programs, Manpower and Resources Division advised they reviewed additional documentation provided and conducted a new investigation into the applicant's service records.  They provided a correction to the previous response to the Congressional Representative (previous response not available for review).

	a.  The applicant had passed his last three Army Physical Fitness Tests (APFT), but had not been able to meet the annual requirements for the height and weight standards.  

   b.  His first failure was on 24 January 2014.  He was not entered into the Army Body Composition Program until he failed his second height and weight test on 30 March 2014.  An adverse action was initiated on him, preventing him from being promoted, extending his current contractual obligation, or receiving monetary benefits.  
   c.  While in the Army Body Composition Program a Soldier is tested on a monthly basis and must demonstrate improvement in his weight in order for the adverse action to be removed.  On 26 April 2014, he received another adverse action for a repeated failure of his height and weight test and not showing any improvements while in the Army Body Composition Program.  
   
   d.  With three consecutive height and weight test failures and two adverse actions initiated against him, he had been unsuccessful in complying with Department of the Army standards and was in violation of ARNG policy.  This resulted in the termination of his SLRP incentive.

8.  On 23 February 2015, the State of Ohio Adjutant General's Department notified the applicant a discrepancy had been discovered with his SLRP contract that required termination of his SLRP for $50,000 because of two consecutive height and weight failures.  On 24 January 2014 and again on 30 March 2014 he failed to meet body composition standards in accordance with Army Regulation 600-9.  According to his NGB Form 600-7-5-R-E and Army Regulation 601-210 (Active and Reserve Components Enlistment Program), consecutive APFT or body fat standard failures would result in termination of an incentive.

9.  The applicant provided an excerpt from ARNG SRIP Policy for FY 2014, effective 2 June 2014.  He highlights paragraph 19a under Suspension of Incentive Payment(s).  This paragraph states Soldier/Officer incentive payment(s) will be suspended upon receipt of an active suspension of favorable personnel action (excludes APFT or Army Body Composition Program failure(s)). Payments(s) may be reinstated once the suspension of favorable personnel action has been removed provided the Soldier is eligible for payment(s) and is not discharged for reason of the suspension of favorable personnel action.

10.  Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and the ARNG.  Paragraph 10-6b states a Soldier who has a suspension of favorable personnel action initiated per AR 600-8-2 will not be processed for an initial or anniversary payment.  Bonus payment(s) will be processed effective on the date the suspension is lifted for those Soldiers who have continued eligibility. This excludes suspension of favorable personnel actions for the APFT failure or failure to meet body fat standards.  Repeat APFT failure or failure to meet body fat standards within a 1-year period will result in the suspension of an incentive. Two consecutive APFT or body fat standard failures will result in the termination of an incentive.



DISCUSSION AND CONCLUSIONS:

1.  Paragraph 19a of ANG SRIP Policy for FY 2014, effective 2 June 2014, does not apply in the applicant's case.  The paragraph addresses the suspension of payments (specifically noted that APFT or Army Body Composition Program failure(s) are excluded) upon receipt of an active suspension of favorable personnel action.  This paragraph does not apply to the applicant in that his payments under the SLRP were terminated due to two consecutive height and weight standard failures.

2.  The NGB Form 600-7-5-R-E the applicant signed for a SLRP incentive of up to $50,000 clearly stated in Section VI that if termination of any incentive before the fulfillment of the service described in the member's written agreement, the member would not be eligible for any further loan payments.  

3.  Paragraph 7 of Section VI clearly states that two consecutive APFT or body fat standard failure with a 1 year period would result in the termination of an incentive.  He failed the height and weight standards on 24 January and 
30 March 2014.

4.  In view of the above there is no evidence of an error or injustice in this case.

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)                                         AR20150008651



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150008651



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1