- (a) In the event a soldier or airman is denied for the National Guard Tuition Waiver, has benefits terminated, or is ordered to repay benefits pursuant to the provisions of this part, the soldier or airman may appeal any such action to the Education Services Officer, in writing, within thirty (30) calendar days from the date of termination, recoupment, or denial.
- (b) The Education Services Officer will serve as the Adjutant General’s delegated approval authority for the National Guard Tuition Waiver exception to policy requests of soldiers and airmen in both the Arkansas Army and Air National Guard.
(c)
- (1) Exceptions to policy may be requested by soldiers and airmen, in writing, to the Education Services Officer.
(2) In order for the exception to policy to be considered they must include, at a minimum, the following information:
- (A) Name of soldier or airman and unit or wing of assignment;
- (B) Institution of higher education or postsecondary credential or certification program name and location;
- (C) Semester year and month or other nontraditional subdivided period of study for postsecondary credential or certification programs in question; and
- (D) Reason for request that indicates that the situation was not:
(i) Due to the negligence or fault of the soldier or airman; and
(ii) Within the soldier’s or airman's reasonable control.
- (d) The Education Services Officer will:
- (1) Review the exception to policy request;
- (2) Coordinate with the institution and the Division of Higher Education to resolve the exception to policy; and
- (3) Provide written notification to the soldiers and airmen and the division of the final disposition.
(e)
- (1) In the event a soldier’s or airman’s degree program exceeds the one hundred twenty (120) semester credit hour limitation established in 6 CAR § 530- 303(b), an exception to policy request must also include documentation verifying the pursued degree’s program requirements and the soldier’s or airman’s satisfactory progress towards the degree.
(2) This documentation will include, at a minimum, a:
(A) Degree plan validated by the soldier’s or airman’s:
- (i) Academic advisor;
- (ii) School registrar; or
- (iii) Similar authority; and
- (B) Copy of the soldier’s or airman’s transcript through the date of the exception to policy request.
(3)
- (A) For purposes of this section, a soldier or airman may submit unofficial transcripts to the Education and Incentives Branch.
- (B) The Education and Incentives Branch, though, reserves the right to request official transcripts for verification if the submitted documents are illegible or present any suspicion of tampering, alteration, or unauthorized modification.
(4)
- (A) The Education Services Officer will review the submitted exception to policy request, transcripts, and degree plan before submitting a recommendation for continued National Guard Tuition Waiver eligibility beyond one hundred twenty (120) semester credit hours to the division.
(B) Areas of review will, at a minimum, include:
- (i) The soldier’s or airman’s history of remedial courses;
- (ii) Courses failed or dropped after the add or drop date; and
- (iii) The soldier’s or airman’s overall academic progress towards the degree.
(5)
- (A) The Education Services Officer may deny the exception to policy request or recommend approval to the division.
- (B) In these instances, only the division may grant approval for continued use of the National Guard Tuition Waiver beyond one hundred twenty (120) semester credit hours.
(f)
- (1) Continued eligibility for the National Guard Tuition Waiver beyond one hundred twenty (120) semester credit hours as outlined above is subject to the availability of funds and approval of the division.
- (2) Soldiers and airmen with a degree program exceeding one hundred twenty (120) semester credit hours must submit an exception to policy request in each subsequent term until degree completion unless otherwise approved in writing by the division.