IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20140016201 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 correction of her record to show she is eligible for the Student Loan Repayment Program (SLRP). 2. The applicant states a noncommissioned officer with the 29th Aviation Brigade was with her when her recruiter promised her she would receive payment of her pre-existing student loans in an amount up to $50,000. 3. The applicant provides: * DA Form 2823 (Sworn Statement) * a memorandum * a screen shot CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Maryland Army National Guard (MDARNG) on 23 April 2010. Her Enlistment/Reenlistment Agreement shows in: a. Section VII - Addendums, "The following addendum's have been attached and are part of my enlistment agreement: Montgomery GI Bill." b. Section VIII - Statement of Acknowledgement and Understanding, "I have read and understand the statement above and that these statements are intended to constitute ALL promises and guarantee whatsoever concerning my enlistment. No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored." 2. The applicant's enlistment contract is void of any evidence that participation in the SLRP was included in the terms of her contract. 3. The applicant provides a DA Form 2823, dated 28 August 2012, in which she states, in effect: a. When she met with her recruiter, she was promised a pre-existing student loan repayment of up to $50,000. She provided her recruiter with her promissory notes and associated documents so he could initiate the process. Soon after, she met with Sergeant First Class P_____n at the Military Entrance Processing Station to sign her contract. She asked him repeatedly if the necessary paperwork was included in her contract to ensure her entitlement to the SLRP. He reassured her that it was included and that her recruiter had submitted the paperwork. While electronically signing her contract, she was shown a screen which led her to believe that it was taken care of. b. Upon completion of training, she followed up with the education office who informed her that they did not have anything on file regarding her entitlement to the SLRP. She was subsequently informed there was nothing that could be done without the addendum authorizing the SLRP and she was told she would need to resolve the issue with her recruiter. After contacting the recruiter, he stated there should be a control number that the education office should be able to obtain and look into it further. c. The applicant contacted the education office staff who stated there was no information regarding the SLRP in their system. At her unit, she spoke to a noncommissioned officer who gained access to the Information Management and Reporting Center (iMARC) and provided her with a control number. The control number is the only proof she has to show the SLRP was promised to her. The SLRP was the sole reason she joined the ARNG. She has held up her end of the agreement and hopes a promise given will be a promise granted. 4. The applicant also provides a screen shot which displays all incentives and benefit contracts by control number assigned to her. The display indicates an invalid iMARC control number was issued to the applicant on 4 May 2010. 5. The applicant provides and her record contains a memorandum from the National Guard Bureau, dated 20 June 2013, denying her request for an exception to policy (ETP) to retain the $50,000 SLRP incentive. The representative stated no supporting documentation could be found to indicate that the incentive was offered at the time of enlistment. Since there was no record of payments made, there was nothing to recoup. 6. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500 plus the accrued interest not paid by the Department of the Education, whichever is greater. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in the military for the 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. Any qualifying loan which is at least one year old may then be paid in accordance with the terms of this educational enlistment incentive. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted and her supporting evidence has been considered. 2. The applicant's enlistment contract is void of any indication that she enlisted for the SLRP incentive. Based on the evidence, it appears she never signed an SLRP contract. 3. The evidence of record shows that on 23 April 2010 she signed her enlistment contract which listed the Montgomery GI Bill as the only addendum attached to her enlistment agreement. The evidence further shows she signed the contract acknowledging she understood that "No" other (verbal or otherwise) promise or representation not annexed to her enlistment contract was valid or would be honored. 4. Although the applicant provides a screen shot of an iMARC control number presumably used to secure placement in the SLRP, it was an invalid control number. Upon the applicant's request for an ETP to receive the SLRP her records were apparently audited or verified by the State Incentive Manager for accuracy. The representative stated no supporting documentation could be found to indicate that the incentive was offered at the time of her enlistment. Therefore, she was not entitled to the SLRP incentive. 5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20140016201 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140016201 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1