IN THE CASE OF:    

		BOARD DATE:  13 October 2015	  

		DOCKET NUMBER:  AR20150010351 


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) incentive.  

2.  The applicant states when he enlisted in the Army National Guard (ARNG) in 2009, he signed a 1-year contract.  His recruiter promised him the SLRP to pay off his student loans.  He then realized after he signed the 1-year enlistment contract he needed a 6-year contract to qualify for the incentive.  He agreed and extended for another 6 years with the belief that his loans would be paid by the Army.  He has now been told for multiple reasons that his loans will not be paid. The reasons stated in a memorandum he received informed him that he didn't qualify through no fault of his own.  He believes his recruiter made the mistake during his enlistment and immediate extension.

3.  The applicant provides:

* Memorandum, subject:  Request for ETP for SLRP [Applicant], dated 
8 March 2015
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum - ARNG of the United States)



CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in the Nevada ARNG (NVARNG) in the rank of SGT and was assigned to the 421st Regional Training Institute.

2.  After having prior service in the U.S. Navy, the applicant enlisted in the NVARNG on 23 April 2009 for a period of one year.

3.  On 18 August 2009, he submitted a DA Form 4836 for extension of his 23 April 2009 enlistment for a period of 6 years.  He listed his current expiration of term of service (ETS) as 24 April 2010.  On 19 August 2009, his new ETS was established as 24 April 2016.  

4.  In conjunction with his extension, he submitted an SLRP Addendum:

   a.  He indicated he had six disbursed loans existing in the amount $15,731.

	b.  He acknowledged the total amount of repayment for qualifying loans would not exceed $50,000.

	c.  He acknowledged that he would be terminated from bonus eligibility if he voluntarily transferred out of the Critical Unit Identification Code (UIC) or Critical Skill for which the incentive was approved.

5.  The SLRP addendum was signed by the applicant on 19 August 2009.  The Service Representative, SGT MPN, signed the addendum on 19 August 2009 and the same Soldier, SGT MPN, signed the addendum as the Witnessing Officer on 9 August 2009.  He was assigned an SLRP Bonus Control Number (BCN) of S09080003NV.  The contract was further verified by the State Incentive Manager on 20 August 2009.

6.  His personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) contained a DA Form 1059, which shows he completed Phase 1 of training in military occupational specialty (MOS) 25Q on 19 November 2010.  iPERMS contained a second DA Form 1059 which shows he completed Phase 2 of training in MOS 25Q on 23 March 2012.

7.  In a 9 March 2015 memorandum to the NVARNG, the NGB disapproved the applicant's request for ETP to retain the $50,000 SLRP bonus.  The NGB official stated that the State Incentive Manager would terminate the SLRP effective the 

contract start date without recoupment as no payments had been made.  The NGB official stated:

	a. The applicant did not hold an MOS at the time of contracting for SLRP which violates Department of Defense Instruction 1205.21.

	b.  The applicant's Bonus Control Number (BCN) was requested after the date of reenlistment/extension which violates the ARNG Selected Reserve Incentive Program (SRIP). 

	c.  The applicant's incentive addendum was missing the Witnessing Officer's signature which violates ARNG SRIP 07-06 Updated 1 March 2009.

	d.  The applicant's contract/agreement details:

		(1)  State enlisted/accessed:  NV; UIC:  8AQA9

		(2)  Date of agreement/enlistment:  19 August 2009

		(3)  Contracted loan addendum/agreement amount:  $50,000.00

		(4)  Contracted area of concentration (AOC)/MOS:  09B; Current AOC/MOS:  25B

		(5)  Date of duty MOS qualification (DMOSQ):  23 February 2012

	e.  The applicant enlisted as a prior service enlistee and was not qualified in the MOS for which enlisted/contracted; therefore, the request cannot be approved.

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

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.

10.  Policy Number 07-06, updated 17 February 2008, paragraph 9c states the ARNG offers a SLRP to Prior Service (PS)/Affiliation Bonus (AB)/Reenlistment/Extension Bonus (REB) Soldiers as an accession or retention incentive.  It may be offered in addition to any PS/AB/REB incentive.  The total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15 percent or $500 per year, whichever is greater.  PS, AB, and REB Soldiers must meet the following eligibility requirements to receive the SLRP:

		(1)  Must enlist, reenlist, or extend for a period of not less than 6 years.

		(2)  Have not previously received the SLRP as an enlistment, re-enlistment or extension option in the Selected Reserve.

		(3)  Must be military occupational specialty qualified (MOSQ) for the position for which enlisting or extending.

		(4)  Soldiers who enlist/affiliate/extend/reenlist in a modified table of elements (MTOE) unit will receive the $50,000 SLRP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain his SLRP incentive in conjunction with his reenlistment in the NVARNG was carefully considered.  However, the evidence of record does not substantiate that an error or injustice exists in this case.

2.  The applicant enlisted in the ARNG on 18 August 2009.

3.  On 18 August 2009, the applicant submitted a request for an extension of his current ETS for a period of 6 years.  In conjunction with this extension, he submitted an SLRP Addendum that authorized payment of six loans in the amount of $15,731 under the SLRP.

4.  The evidence of record shows he was awarded MOS 25Q on 23 March 2012.

5.  It appears the NVARNG requested that the applicant be allowed to retain his $50,000.00 SLRP incentive as an ETP; however, it was denied by NGB based on the following discrepancies:

	a.  the applicant did not hold an MOS at the time of contracting for SLRP;

	b.  the applicant's BCN was requested after the date of reenlistment/extension; and 

	c.  the applicant's incentive addendum was missing the Witnessing Officer's signature.

6.  Since the applicant was not MOSQ at the time he applied for the SLRP incentive, he did not meet all the requirements to retain the $50,000.00 SLRP bonus incentive at the time of his extension.

7.  Based on the foregoing, 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)                                         AR20150010351





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ABCMR Record of Proceedings (cont)                                         AR20150010351



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