AR20160006344

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160006344

BOARD VOTE:

___x_____ __x______ __x___ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

d

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160006344

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 records of the individual concerned be corrected by showing an exception to policy was approved allowing the applicant to retain her $50,000.00 Student Loan Repayment Program (SLRP) incentive.

____________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.

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160006344

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) allowing her to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive she contracted for at the time she extended her enlistment.

2. The applicant states:

a. She contracted for the SLRP incentive on 7 March 2011. The addendum she signed states she enlisted into a SLR incentive for a $50,000 bonus.

b. The contract she signed states “I am a Prior Service applicant enlisting or current member reenlisting in a MTOE [Modified Table of Organization and Equipment] AVCRAD [Aviation Classification Repair Activity Depots]/RTI [Regional Training Institute]/SF [Special Forces] or Medical TOA [sic, TDA (Table of Distribution and Allowances)] Unit QS9AA (UIC) [unit identification code]. I am DMOS [Duty Military Occupational Specialty] qualified for the position and reenlisting for a term of service of not less than 6 years in the Army National Guard of the United States.”

c. At that time, she was not DMOS qualified due to a medical issue. The MOS/Medical Retention Board (MMRB) determined she was not fit for the MOS 88M (Motor Transport Operator) but she was able to be retained in the Army and placed in a less physically demanding MOS. She was unaware that she was non-DMOS qualified when she signed the contract; she signed the SLRP contract in good faith.

d. She completed advanced individual training (AIT) and became MOS qualified (MOSQ) on 16 March 2012.

e. She received payments of $6,977.55 and $7,500.00 of the benefit on 9July 2015.

f. She is a satisfactory drilling member of her unit and meeting the service obligations of the contract she signed.

g. She is asking for an ETP to retain the $30,000, as the error is due to no fault of her own.

3. The applicant provides of her:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 7 March 2011
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlisted Loan Repayment Program (ELRP) Addendum Army National Guard (ARNG)), dated 7 March 2011
* a memorandum from The Adjutant General of the Iowa Army National Guard (IAARNG), addressed to the applicant’s immediate commander and dated 7 October 2009, subject: Recommendation for Medical Reclassification for Sergeant [Applicant], 2519, 88M
* Orders Number 335-011, issued by the IAARNG on 1 December 2009
* Orders Number 105-019, issued by the IAARNG on 14 April 2012
* Orders Number 160-027, issued by the IAARNG on 8 June 2012
* a memorandum from the applicant, addressed to Headquarters, IAARNG and dated 27 October 2015, subject: Request for ETP
* a memorandum from Headquarters, IAARNG, addressed to NGB and dated 11 December 2015, subject: Request for ETP for a[n] SLRP Program, Staff Sergeant (SSG) [Applicant], 2519
* a memorandum from NGB, addressed to the IAARNG State Incentives Manager and dated 11 February 2016, subject: Request for ETP for SLRP, SSG [Applicant], 2519

CONSIDERATION OF EVIDENCE:

1. The applicant reenlisted in the IAARNG on 7 March 2011.

2. In conjunction with her extension, the applicant executed and signed an NGB Form 600-7-5-R-E, wherein she verified she was eligible for the SLRP in the maximum amount of $50,000.00. The form stated or showed, in pertinent part:

a. Section II (Eligibility):

(1) “I am a Prior Service applicant enlisting or current member Reenlisting/Extending in a MTOE/AVCRAD/RTI/SF or Medical TDA unit QS9AA (UIC). I am DMOS qualified for the position and enlisting/reenlisting/extending for a term of service of not less than 6 years in the Army National Guard of the United States.” She placed her initials in this section.

(2) She had 20 disbursed loans existing in the amount of $50,404. She understood the total amount of repayment for qualifying loan(s) will not exceed $50,000.

b. Section V (Termination): She understood she may be terminated from bonus eligibility for any of the following reasons.

(1) Failure to obtain DMOSQ within 24 months after an involuntary transfer into another skill for the convenience of the government. Any periods of service spent in a deployed/mobilized status subsequent to the transfer will be added to the 24 month period.

(2) Voluntarily transfer out of the critical UIC or Critical Skill for which bonus is approved.

3. In support of her application she provides:

a. IAARNG Orders 335-011, dated 1 December 2009, which awarded her the primary MOS 09B (Trainee Unassigned), with withdrawal of 88M, effective 4October 2009.

b. A memorandum, issued by Headquarters IAARNG, dated 7 October 2009, subject: Recommendation for Medical Reclassification, wherein it was determined that she could not be retained in MOS 88M but would be retained in service.

c. IAARNG Orders 105-019, which awarded her the primary MOS 68G (Patient Administration Specialist), with withdrawal of 09B, effective 16 March 2012.

d. IAARNG Orders 160-027, which transferred the applicant from UIC QS9AA (Transportation Company) to UIC 8Z2AA (Medical Command).

4. On 27 October 2015, the applicant submitted a request for ETP wherein she acknowledged, in pertinent part, that she was not DMOS qualified due to medical reasons when she contracted for the SLRP incentive.

5. On 11 December 2015, the IAARNG submitted a memorandum to NGB requesting an ETP on the applicant’s behalf. The request stated, in pertinent part:

a. The applicant signed the SLRP incentive contract without being MOS qualified. The SLRP incentive contract is an erroneous contract that should not have been issued to her.

b. The applicant signed the contract in good faith and has maintained all stipulations contained within the signed contract.

6. On 11 February 2016, the Chief, Personnel Programs, Resources and Manpower Division, NGB denied the ETP stating, in pertinent part:

* an ETP to retain the $50,000 SLRP is disapproved for the discrepancy: did not qualify in the contracted MOS which violates Department of Defense Instruction 1205.21, paragraph E8.1.1.3
* the discrepancy identified in paragraph 2 violates a Department of Defense Instruction and the ARNG does not have the authority to approved this request
* the State Incentive Manager will terminate the incentive with recoupment effective the contract start date

REFERENCES:

1. Department of the Army Pamphlet 61121 (Personnel Selection and Classification Military Occupational Classification and Structure) defines duty MOS as the MOS assigned to the position against which the warrant officer or enlisted Soldier is assigned or, in the absence of a documented position, the MOS that best reflects the principle duties being performed by the incumbent.

2. NGB Education Division Instruction 1.1, dated 1 October 2009, contains all policy and procedural guidance for all loan repayment programs for the ARNG. This instruction supersedes all other policy and procedural guidance on the SLRP (now known as the ELRP), the Health Professional Loan Repayment Program and the Chaplain Loan Repayment Program. The combined loan repayment program is now known as the CHELRP. Paragraph 4-2 (Termination) states an incentive will be terminated if a Soldier moves to another MOS or is reclassified in an MOS other than that for which contracted.

3. Department of Defense Instruction Number 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the SLRP. Paragraph E8.1.1.3 states if enlisting, reenlisting or extending for eligibility under the SLRP, the Soldier must currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of initial active duty training, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government.

DISCUSSION:

1. The applicant’s request for an ETP to allow her to retain the $50,000.00 SLRP incentive she contracted for when she extended her enlistment was carefully considered.

2. In October 2009, an IAARNG MMRB evaluated the applicant and determined she was unable to physically perform the duties of MOS 88M. The MMRB further determined she should be retrained and reclassified in a less physically demanding MOS and retained in service. On 7 March 2011, in conjunction with her extension, she contracted for an SLRP incentive while assigned in an MOS 88M position. The SLRP addendum stated, in pertinent part, that she was DMOS qualified for the position and the incentive would be terminated if she voluntarily transferred out of the critical UIC or critical skill for which the incentive was approved.

3. In April 2012, the applicant was DMOS qualified in MOS 68G. Consequently, she was transferred from the UIC for which the SLRP incentive was approved. IAARNG submitted an ETP request on the applicant’s behalf; however, the request was denied by the NGB.

4. The evidence of record shows the applicant knowingly contracted for the SLRP incentive while in an unassigned trainee status. However, she does not meet the criteria for termination of the contracted incentive. She did not voluntarily transfer out of the UIC for which the incentive was approved. Due to no fault of her own, she was reclassified and retrained into another MOS, which required her to be transferred out of the critical UIC.

5. The applicant’s enlistment documents show an SLRP incentive was offered at the time of her extension in the ARNGUS, she accepted the incentive offer made by the IAARNG in good faith, and she has otherwise fulfilled her obligations under the contract (to date). Thus, denial of the SLRP incentive with recoupment would be contrary to equity and against the best interest of the Army.

6. Based on the evidence of record and circumstances surrounding this case, it would be in the best interest of the government to authorize the applicant’s entitlement to the $50,000.00 SLRP incentive with no recoupment of any payment(s) that were made.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160006344

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160006344

6

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2