IN THE CASE OF:	 

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150011368 


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:

   a.  correction of her National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment Program (SLRP) Addendum – Army National Guard of the United States (ARNGUS)), to show a properly approved and recorded bonus control number (BCN) on the date she enlisted; or, 
   
   b.  in the alternative, an exception to policy (ETP) to allow her to receive her Prior Service (PS) Student Loan Repayment Program (SLRP) incentive.  
   
2.  The applicant seeks validation that she fulfilled her obligation to be military occupational specialty qualified (MOSQ) within 24 months of reenlisting. 

3.  The applicant states:

     a.  When she reenlisted in the Florida Army National Guard (FLARNG) on 
12 November 2008, the SLRP control number was not identified/included on the NGB Form 600-7-5-R-E that was completed by her recruiter.  She was not aware of this administrative error.  

     b.  She transferred to the Connecticut Army National Guard (CTARNG) in August 2013 and applied for her SLRP.  She was informed of the above administrative error in September 2014, when her request for SLRP reimbursement was denied.  She applied for an ETP, was again denied payment in March 2015, and was told she may file a claim with this Board.  
     c.  This is a great injustice and she should not be penalized or denied SLRP repayment for recruiter errors that were out of her control.
     
   d.  Part of her ETP denial was based on the fact she was not MOSQ when she signed the reenlistment contract.  However, she states she had 24 months to become MOSQ as a 92A (Automated Logistical Specialist), which she did accomplish.   

4.  The applicant provides:

* NGB Form 600-7-5-R-E, dated 12 November 2008
* 10 pages of student loan documents
* a memorandum from the CTARNG to the NGB, dated 10 September 2014, subject: Request for ETP for PS SLRP (Applicant)
* a personal letter addressed to the State Incentive Manager (IM) of the CTARNG, dated 12 September 2014, subject: ETP
* a memorandum from the NGB to the State IM of the CTARNG, dated 
13 March 2015, subject:  Request for ETP for SLRP (Applicant)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 November 2002.  After the completion of military training she was awarded MOS 42A (Personnel Administration Specialist).  She was honorably released from active duty on      11 November 2004, by reason of completion of required active service, and transferred to the CTARNG for one year under the "Try One in the Guard" program. 

2.  She executed a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) on 11 November 2005, wherein she extended her enlistment for a period of 3 years, thus establishing a new expiration term of service (ETS) date of 11 November 2008.

3.  Orders 309-013, issued by the CTARNG on 4 November 2008, honorably discharged her from the ARNG and assigned her to the USAR effective 
11 November 2008.  

4.  Her record contains an NGB Form 22 (Report of Separation and Record of Service) that shows she was honorably transferred to the USAR on 11 October 2008, after completing 3 years and 11 months of net service.

5.  She enlisted in the Florida Army National Guard (FLARNG) on 12 November 2008.  The DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed at the time of her enlistment shows she enlisted in MOS 92A with options for the GI Bill, a bonus, and the SLRP, with assignment to the 856th Quartermaster Support Company in Immokalee, Florida.  Page 4 of her DD Form 1966 contains the statement: "I accept the Enlistment Cash Bonus Program" and includes the following BCN: 2008112072010204DUNCA072.      

6.  A review of her record reveals only the first page of her NGB Form 
600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – Reenlistment/Extension Bonus Addendum – ARNGUS).  This page is undated and presumed to be associated with the DD Form 1966 she signed to reenlist with the bonus option on 12 November 2008.  

7. Her record also reveals, and she provides, an NGB Form 600-7-5-R-E, wherein she stated she understood the SLRP program requirements and initialed the following statements:

     a.  I am a PS applicant and enlisting for a minimum term of 6 years of service.

     b.  I am enlisting in the State critical skill MOS of 92A20 and am MOSQ for the position for which I am enlisting (emphasis added).

     c.  I am enlisting in the NGB approved critical UIC of WX6D90 and am MOS qualified for the period for which I am enlisting (emphasis added).

     d.  I have one loan(s) existing in the amount of $13,152.  The total amount or repayment for qualifying loan(s) will not exceed $20,000. 

8.  In addition, she initialed the form indicating that she understood the entitlement and payments section along with the termination without recoupment section.  She signed and dated the form, along with the service representative, on 12 November 2008.  This form had a location for an SLRP Control Number; however, this data field was not completed.   

9. Orders 205-012, issued by the FLARNG on 24 July 2009, awarded her the primary MOS of 92A and secondary MOS of 42A, effective 1 July 2009, as a result of her completing the 92A course. 

10.  Orders 240-016, issued by the FLARNG on 28 August 2013, transferred her to the CTARNG in MOS 92A20, effective 20 August 2013.


11.  She executed another DA Form 4836 on 3 October 2014, wherein she extended her enlistment for a period of 6 years, thus establishing a new ETS date of 11 November 2020.  

12.  On 10 September 2014, the CTARNG requested an ETP on the applicant's behalf to allow her to retain the PS SLRP.  This memorandum states:

     a.  In accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 -             30 September 2009 (Policy Number 07-06) with updates, the applicant extended her enlistment into the FLARNG on 12 November 2008 for a 6 year PS SLRP.  The Soldier was holding the MOS 92A by 1 July 2009, which is in accordance with the required 24 month time period after the contract start date.  Also, the Soldier was unaware that her SLRP Control Number was requested after her contract signature date.  Soldier is requesting to maintain her SLRP and for payments to be made to her lenders.

     b.  The applicant accepted an incentive offer made by the FLARNG in good faith and has otherwise fulfilled her obligations under the contract as of the date of this request.  CTARNG recommends the Soldier be approved to retain the incentive and process all remaining portions of the incentive. 

13.  The NGB denied the CTARNG's request for an ETP on the applicant's behalf on 13 March 2015.  This memorandum states:

     a.  An ETP to retain the $20,000 SLRP for the discrepancy(ies) listed below is denied.  The State IM will terminate the incentive effective the contract start date and recoup all monies paid.  

          (1)  The applicant enlisted as a PS member and was not qualified in the MOS for which she was incentivized, which violates Department of Defense (DOD) Instruction 1205.21 [Reserve Component Incentive Programs Procedures].

          (2)  The applicant's BCN was requested after the date of enlistment, which violates ARNG SRIP 07-06.

          (3)  The (applicant's) contract/incentive addendum is obsolete, which violates ARNG SRIP 07-06.  A "Corrected Copy" addendum is not required.
 
     b.  The applicant's contract/agreement details:

* State enlisted/accessed:  FL; Unit Identification Code (UIC): X6DAA
* Date of agreement/enlistment:  12 November 2008 
* Contracted loan addendum/agreement amount:  $20,000
* Contracted AOC/MOS:  92A; Current AOC/MOS:  92A
* Date DMOSQ:  1 July 2009 
    
     c.  The applicant enlisted as a PS member and was not qualified in the MOS for which she was incentivized; therefore, the request is denied.

     d.  The applicant may file a claim with the ABCMR in accordance with 
Army Regulation 15-185 (ABCMR), if there is belief that an error or injustice still exists.

14.  The applicant submitted ten pages of financial loan documents that validate the existence of her student loan.  She also submitted a letter, dated 
12 September 2014, to the State IM (assumed to be the CTARNG), wherein she request an ETP to retain eligibility for the SLRP as the administrative error that resulted in the absence of a BCN at the time of her enlistment was out of her control. 

15.  The applicant is currently serving in the CTARNG in the rank/grade of sergeant/E-5.

16.  ARNG SRIP Guidance for Fiscal Year (FY 07) 2007, 2008, and 2009,         10 August 2007 - 30 September 2009 (Policy Number 07-06) with updates, prescribes and establishes policy to administer ARNG incentives.  

     a.  Section 7 - PS Enlistment Bonus, provides that this category of Soldiers must be DMOSQ for the position for which enlisting, or agree to retrain for a critical skill.  If the Soldier is non-DMOSQ and enlists for a 6-year PS bonus, the Soldier will have 24 months to become DMOSQ from contract start date, plus any time spent in a mobilized status.

     b.  Section 9 - Enlisted SLRP, Paragraph C, outlines requirements for PS Soldiers.  It states the ARNG offers a SLRP to PS Soldiers as an accession or retention incentive.  It may be offered in addition to any PS incentive.  The total amount of SLRP’s will not exceed the initial contracted amount with a maximum payment of 15 percent or $500 per year, whichever is greater.  PS Soldiers must meet the following eligibility requirements to receive the SLRP: 

* must enlist, reenlist, or extend for a period of not less than 6 years
* have not previously received the SLRP as an enlistment,                  reenlistment or extension option in the Selected Reserve
* must be MOSQ for the positon for which enlisting or extending (emphasis added)
* Soldiers who enlist/affiliate/extend/reenlist in a modified table of organization and equipment unit will receive the $50,000 SLRP

17.  In the processing of this case, the analyst conferred, by e-mail, with both the NGB and the CTARNG IM, for clarification and guidance on the utilization of control numbers related to incentive programs.  Both stated that each incentive program receives a unique control number with a letter to signify the type of incentive.  For example, control numbers for the SLRP begin with the letter "S," control numbers for the reenlistment bonus begin with the letter "R," and control numbers for the enlistment bonus begin with the letter "E" for non-prior service enlistees and "P" for the PS enlistees. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her NGB Form 600-7-5-R-E to show a properly approved and recorded BCN on the date she enlisted, or, in the alternative, an ETP to receive her PS SLRP incentive, was carefully considered.

2.  The applicant's record confirms she enlisted in the ARNG for 6 years on       12 November 2008, for assignment in MOS 92A, with options for the GI Bill, an enlistment bonus, and the SLRP.  A BCN was recorded on her DD Form 1966; however, it appears this BCN was related to her enlistment bonus incentive.

3.  Her signed SLRP Addendum (Annex L) does not contain a control number and there is no definitive proof that an SLRP control number was properly requested and approved on the date of her enlistment.  Additionally, there is no evidence that the control number recorded on her DD Form 1966 pertained in any way to her SLRP incentive.  According to both the NGB and the CTARNG IM’s, each incentive type gets its own unique control number.  Since the recorded BCN does not appear to contain the prefix associated with SLRP control numbers, there is no reason to conclude it was applicable to her SLRP incentive.  

4.  Therefore, there is no basis to annotate her SLRP Addendum with the BCN that appears on her DD Form 1966.    

5.  She signed the SLRP addendum (Annex L) on 12 November 2008, wherein she acknowledged she was MOSQ in the critical skill of MOS 92A20.  However, in accordance with Orders 205-012, dated 12 July 2009, she was not MOSQ as a 92A20 until 1 July 2009.  She contends she was MOSQ within 24 months as stated in her contract.  However, per ARNG SRIP Policy 07-06, the MOSQ within 24 months only applies in the case of PS applicants enlisting for an enlistment bonus.  It further states that a PS enlistee must be MOSQ for the position for which enlisting or extending to be eligible for the SLRP.  

6.  The NGB's denial of the CTARNG's ETP request on the applicant's behalf, which was based on the fact that the applicant was not MOSQ at the time of her enlistment, remains valid.  Therefore, based on the aforementioned, she does not qualify for the SLRP incentive.

7.  Therefore, there is no basis for granting the requested relief.  

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)                                         AR20150004399



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ABCMR Record of Proceedings (cont)                                         AR20150011368



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