IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110009413
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 his DD Form 4 (Enlistment Contract) with attached annexes to add the missing control number for the Student Loan Repayment Program (SLRP).
2. The applicant states he provided his promissory notes to his recruiter and guidance counselor upon enlistment. He signed the SLRP form in belief that he was legitimately receiving the benefit. He later found out that the control number had not been properly requested.
3. The applicant provides copies of memoranda from the Missouri Army National Guard (ARNG) and the National Guard Bureau (NGB), DD Form 4, and DD Form 1966 (Record of Military Processing - Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. On 27 February 2009, the applicant enlisted in the ARNG for a period of
8 years.
2. His DD Form 1966, dated 27 February 2009, indicates in Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) that the applicant had opted for the SLRP in the amount of $20,000.
3. Memoranda from the Missouri ARNG show:
a. On 17 February 2011, the Guidance Counselor stated that the applicant was not properly issued an SLRP control number on 27 February 2009 because the system was not operational.
b. On 22 February 2011, the Director of Manpower and Personnel requested an exception to policy for the applicant to be issued a manual control number for his SLRP.
4. On 19 April 2011, the Chief, Education, Incentives and Employment Division, NGB, Arlington, Virginia, returned the Missouri ARNG request for a manual control number because the request was received after an established suspense date of 30 September 2010. It advised that the applicant could submit a request to the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still exists.
5. On 28 April 2011, the Guidance Counselor, Missouri ARNG, wrote a Memorandum for Record (MFR) for the ABCMR. The MFR stated that the applicant had not been properly issued a control number for his SLRP because the system was not operational on the day of his enlistment. The applicant had no way of knowing about this injustice and had enlisted in good faith. It requests approval of the applicant's records to grant him a control number for SLRP.
6. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) provides that enlistment bonus/incentive contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to military entrance processing station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 4 with annexes should be corrected to add the missing control number for the SLRP.
2. The available evidence clearly shows the applicant had enlisted with an SLRP option in the amount of $20,000 and that the Missouri ARNG and the NGB concur and advised him to submit an application to this Board.
3. Based on the above, a manual control number should be issued enabling him to receive the SLRP as promised in his enlistment contract.
BOARD VOTE:
____X___ ____X___ ____X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
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 and State ARNG records of the individual concerned be corrected to show:
a. he received a valid bonus control number upon enlistment in the Missouri ARNG for the SLRP in the amount of $20,000.00; and
b. all payments related to the SLRP as specified in his enlistment contract be paid from ARNG funds.
_______ _ 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) AR20110009413
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ABCMR Record of Proceedings (cont) AR20110009413
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