RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040007676


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Annex SL to DD Form 4, Student
Loan Repayment Program Addendum, be added to her enlistment contract and
that her student loan be paid by the Army National Guard Student Loan
Repayment Program (SLRP).

2.  The applicant states, in effect, that she accepted the SLRP with the
stipulation that she achieve an AFQT (Armed Forces Qualification Test)
score of 50, or better.  The applicant states that she achieved a score
of 89.  She states that the addendum necessary for the loan repayment
program was not included with her contract.  She now requests that it be
included.

3.  The applicant provided those documents that are itemized in Item 9
(In Support of this application, I submit as evidence the following
attached documents) of her DD Form 149, Application for Correction of
Military Record.  In a follow-up to her application, the applicant
submitted a copy of her NGB Form 21, Annex A – DD Form 4,
Enlistment/Reenlistment Agreement – Army National Guard; a copy of her DD
Form 1966/1 and a 1966/3, Record of Military Processing – Armed Forces of
the United States; a copy of NGB Form 600-7-5-R-E, Annex SL to DD Form 4,
marked "Example"; a copy of the Federal Stafford Loan Master Promissory
Loan, she signed on 31 August 2000; and copies of other documents that
were included in her initial request to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show she enlisted on 29 December
2000 for 6 years in the Utah Army National Guard.  Among the enlistment
incentives/options that were offered the applicant, in return for her
enlistment, was an $8,000 cash bonus; the GI Bill, with kicker; and
payment of her student loan(s) under the SLRP.

2.  On 29 December 2000, the applicant signed a NGB Form 21, Annex A – DD
Form 4, Enlistment/Reenlistment Agreement – Army National Guard (ARNG).
The applicant initialed in Section III (Explanation to Applicant), stating
that she was a non-prior service member and the options that she had
selected provided that she would be a member of an ARNG unit for a period
of 6 years and a member of the Individual Ready Reserve (IRR) or the
Inactive National Guard (ING) for the balance of her eight years service
obligation, unless she elected to remain with the ARNG unit, or unless she
was completely discharged from her enlistment agreement.
3.  On 13 June 2001, the applicant was ordered to active duty for training.
 On 25 October 2001, the applicant was honorably released from active duty
for training in the rank and pay grade, Private, E-2, under the provision
of Army Regulation 635-200, chapter 4, at the completion of her required
service, and was returned to her unit, Company B, 169th Engineer Battalion.
 On the date of her release from active duty, the applicant had completed 4
months and 13 days active military service.

4.  On the applicant's return from her active duty for training, the
applicant states, in her unsigned sworn statement, she went to the
training NCO (noncommissioned officer) to begin the initial process of
information to obtain the loan repayment.  She alleges that she was told
that a full year of service on her enlistment was necessary before the
process could proceed.  Because she continued to receive notifications
that her loan had not been repaid, she continued to try to have the issue
of repayment of her student loans addressed but without success.  Finally,
while dealing with other issues at Headquarters, Utah Army National Guard,
she addressed the issue at that level and learned that payment could not
be made because a critical document, Annex SL to DD Form 4, Student Loan
Repayment Program Addendum, had not been completed and included as part of
her enlistment contract.

5.  On 15 October 2003, the applicant contacted by letter the Office of the
Inspector General, Departments of the Army and Air Force National Guard
Bureau, by letter, about a breach of contract by the Utah Army National
Guard regarding repayment of her SLRP.

6.  On 9 December 2003, the Chief, Assistance Division, Office of the
Inspector General, Departments of the Army and Air Force National Guard
Bureau, responded to her letter and advised her that they had conducted a
due process inquiry into the issue.  They determined that no violation
had occurred.  All required documents for enlistment were properly
reviewed and found to be legal and binding.  She was told that although
there may possibly have been a mishap in the application of her
entitlement, the Utah Army National Guard was precluded from changing the
agreement due to NGR 600-7, Selected Reserve Incentive Programs,
paragraph 1-13.c., which states that, "All required addenda will be
completed at the time of enlistment/reenlistment or extension.  An
addendum cannot be completed after the fact in order to gain eligibility
for an incentive or the Student Loan Repayment program.  Therefore it is
determined by the National Guard Bureau that the Utah Army National Guard
Inspector General office afforded you due process and the issue of breech
[sic] of contract is unfounded."  The Chief, Assistance Division, then
advised her that they considered her case closed.

7.  The applicant submitted an inquiry to her Member of Congress (MOC)
and on 8 July 2004, her MOC was advised that after a thorough
investigation, there was little that could be done for the applicant
without a copy of the Student Loan Repayment Annex from her enlistment
contract.  The Adjutant General, Utah Army National Guard, advised her
MOC that "According to both law and regulation, we cannot pay the student
loan without all the appropriate paperwork and though I believe it was an
oversight on both the recruiter and MEPS, our hands are tied.  However, I
believe [the applicant] has one last avenue where she may plead her case
and possibly find a positive resolution.  If that should occur, then the
Utah Army National Guard could be directed to pay her student loan by the
Army Board for the Correction of Military Records (ABCMR)."

8.  On 14 July 2004, the applicant's MOC apprised her of the result of his
inquiry into the issue of repayment of her SLRP loan.

9.  On 20 September 2004, the applicant was honorably discharged from the
Utah Army National Guard and from the Reserve of the Army in the rank and
pay grade of Specialist, E-4, under the provisions of NGR (National Guard
Regulation) 600-200, paragraph 8-26b(5), for pregnancy.  She was provided a
NGB (National Guard Bureau) Form 22, Report of Separation and Record of
Service.  On the date of her discharge, the applicant had completed 3
years, 8 months, and 22 days net service for pay.

10.  On 13 September 2004, the applicant submitted a DD Form 149,
Application for Correction of Military Record, requesting, in effect, that
authority be given for the completion of an Annex SL and, in effect,
authority to back-date the form for its addition to her enlistment contract
to enable repayment of her student loan under the SLRP.  She stated that
the addendum necessary for the loan repayment program was not included with
her contract.

11.  On 12 July 2005, the applicant followed up her application by
submitting a copy of a promissory note for a Federal Stafford Loan under
the Federal Family Education Loan Program (FFELP) provided by the Utah
Higher Education Assistance Authority.  The promissory note was signed by
the applicant on 31 August 2000.

12.  The applicant also submitted a copy of a Nelnet Account Statement with
a statement date of 29 May 2003.  On that date, the balance of the loan was
$2,422.74.  The applicant had received a deferment on the loan until 19
July 2006.

13.  In the processing of this case, an advisory opinion was obtained from
the Chief, Personnel Division, Departments of the Army and Air Force
National Guard Bureau.  The Chief, Personnel Division, recommended
disapproval of the applicant's request that an Annex SL, with a back-dated
effective date, be prepared and authorized for addition to her enlistment
contract.

14.  The advisory opinion, he stated, was coordinated with the Full-Time
Support Division and they determined that the Utah Army National Guard was
correct; therefore, concurred that [the applicant] should not be granted
payment of her loan under the SLRP since her file did not have the correct
documentation that would indicate she was eligible.

15.  In a summary paragraph, the Chief, Personnel Division, stated, "Even
though NGB recommends disapproval (since it appears NGB has no authority to
grant exceptions to AR 135-7 and the UTARNG has no authority to pay the
student loan without all the appropriate paperwork), per the UTARNG TAG
letter, it appears that if the ABCMR did approve this request, the UTARNG
would be willing to adopt the ABCMR's recommendation and comply."

16.  The Chief, Personnel Division, provided a sample copy of an Annex SL
to DD Form 4, the form which is missing from the applicant's enlistment
contract.  Selected portions of the annex are quoted as follows:

                    "SECTION III – ENTITLEMENT & PAYMENTS


      1.  The Government will repay a designated portion of any outstanding
      loan(s) that I have secured since 1 October 1975.  The loan(s) must
      have been made, insured, or guaranteed under Part B of the Higher
      Education Act of 1965 (Guaranteed Student Loans/Federally Insured
      Student Loans) or any loan made under Part E of such act (National
      Direct Student Loans).  This includes any loan(s) that I secure while
      a member of the Army National Guard (ARNG) during this contractual
      period.  The total amount of repayment for qualifying loan(s) will not
      exceed $10,000 plus accrued interest.  This contract will terminate at
      the end of my contractual 6- or 8-year obligation.


      3.  The portion that may be repaid annually on any qualifying loan(s)
      will not exceed 15 percent (not to exceed $1,500) of
      the total of all loans or $500, whichever is greater, plus accrued
      interest.  Payment will be processed on the anniversary date of
      my enlistment for each satisfactory year of service.


                           SECTION V - TERMINATION


      I understand that I will be terminated from Student Loan Repayment
      eligibility if I:


      8.  Separate from the ARNG for any reason."


17.  The applicant did not respond to the advisory opinion, however, as
noted in paragraph 11, the applicant did submit additional documents for
consideration by the Board.

18.  Army Regulation 135-7 (Incentive Programs) prescribes policies and
procedures for the administration of Army National Guard (ARNG) and Reserve
incentive programs.  The SLRP incentive is offered to qualifying non-prior,
prior, and in-service personnel on signing a contractual agreement for a
specified term of service in the Army National Guard or Selected Reserve
and executing a NGB Form 600-7-5-R-E.  A maximum amount allowable of
$10,000 is authorized for an individual who enters into a 6- or 8-year
contractual obligation to serve in the Army National Guard and the balance
of the service obligation in the Individual Ready Reserve or the Inactive
National Guard.

19.  NGR 600-7 is the regulation that provides Army National Guard policies
and implementation of Selected Reserve Incentive Programs.  This regulation
sets responsibilities, lists benefits, describes eligibility criteria and
entitlements, sets suspensions, termination, and recoupment requirements,
and prescribes processing and payment procedures.  Paragraph 1-12 states,
"An enlisted Soldier must enter into a contractual obligation to serve
satisfactorily for the full term of service specified for an incentive
program authorized by this regulation."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Utah Army National Guard for 6 years.
The evidence shows that among the enlistment incentives/options that were
offered her in return for her enlistment was an $8,000 cash bonus; the GI
Bill, with kicker; and payment of her student loan(s) under the SLRP.
Under the SLRP, the total amount of repayment for qualifying loans will not
exceed $10,000, plus accrued interest.

2.  AR 135-7, the regulation applicable to ARNG and Army Reserve Incentive
Programs, provides that SLRP incentive election and the NGB Form 600-7-5-R-
E must be completed at the time of an individual's enlistment.  The form
cannot be completed after the fact to gain an incentive or to gain SLRP
eligibility.

3.  The evidence shows, and it has been acknowledged by Army officials,
that an administrative error occurred in the processing of the applicant
for enlistment.  Annex SL was not completed by the recruiter or by the
MEPS at the time of her enlistment.  Completion of all enlistment forms
and annexes is not the responsibility of the enlistee.  This is the
responsibility of recruiters and of guidance counselors at the MEPS.  The
normal lay person who has no training or education related to the Army's
or the Army National Guard's enlistment process could not have known or
realized that all forms were either present or not present.

4.  The evidence shows that on the date the applicant entered into her
contract for service with the Utah Army National Guard, she believed that
she had a legal and binding contract and a commitment existed from the Army
to repay her student loan under the SLRP.

5.  Under the applicable regulation, NGR 600-7, enlisted Soldiers who enter
into a contractual obligation for a specified incentive program must serve
the full term of service satisfactorily.

6.  The evidence shows that the applicant did not fulfill the total of her
enlistment contract of service of 6 years.  On the date of her discharge,
for pregnancy, the applicant had completed 3 years, 8 months, and 22 days
service, including 4 months and 13 days of active duty for training.

7.  Discharge under the provisions of NGR 600-200, paragraph 8-26b(5)
requires a request for personnel action and approval by Army authorities.
 It is apparent, from information recorded on the applicant's NGB Form
22, that she was diagnosed by competent medical authority to be pregnant,
that she applied for discharge under this provision of law and regulation
and her request for discharge was approved by an officer of the Utah Army
National Guard having the power and authority to approve her request.

8.  It is logical to assume, with her record of service and in the absence
of derogatory information recorded in her service record, that she had the
capability to have served her full term of contracted service, 6 years.
Therefore, the applicant is entitled to have an Annex SL to DD Form 4
completed after the fact,
with the effective date back-dated to the date of her enlistment in the
Utah Army National Guard, to have this form added to her enlistment
contract and to entitle her to payment of a pro-rated amount of the student
loan and that she receive payment under the Army National Guard Student
Loan Repayment Program as follows:  $500.00 for each of her three completed
years of service (or $1500.00) plus a pro-rated amount for the 8 months and
22 days of service completed beyond the 3 years, and any accrued interest
on her loan.

BOARD VOTE:

_REB_____ _LF____  __LMD__ GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

      a.  directing the completion and submission of an Annex SL to DD Form
4, after the fact, with the effective date back-dated to the date of her
enlistment in the Utah Army National Guard, 29 December 2000;


      b.  adding the completed Annex SL to DD Form 4 to the already-
completed DD Form 4;


      c.  directing that a copy of the completed Annex SL to DD Form 4 be
submitted, along with a copy of the promissory note and an up-to-date
statement of account, to the Defense Finance and Accounting Service
(DFAS) and that the applicant receive payment of a pro-rated amount of
the student loan under the Army National Guard Student Loan Repayment
Program as follows:  $500.00 for each of her three completed years of
service (or $1500.00) plus a pro-rated amount for the 8 months and 22
days of service completed beyond the 3 years, the whole sum of the amount
due on the loan addressed by these proceedings to be determined by the
DFAS; and
d.  directing that, as a result of this correction, and in accordance with
Title 10, US Code, section 1552, the DFAS make payment to the applicant,
for the above referenced amount of her student loan, and any accrued
interest, now due and payable.





                                      _Ronald E. Blakely________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040007676                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  23   |103.0000                                |
|2.   1018               |103.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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