IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110011041 


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, that his National Guard Bureau (NGB) Form 600-7-5-R-E (Enlisted Loan Repayment Program Addendum, Army National Guard of the United States) be corrected to show he was assigned a manual control number for the Student Loan Repayment Program (SLRP).  

2.  He states:

* he has six student loans in the amount of $12,625
* he provided the promissory notes to his recruiter and the Guidance Counselor upon his enlistment
* he signed the SLRP Addendum (Annex L) in the belief he was legitimately receiving the benefit
* he found out later that the control number had not been requested properly 

3.  He provides:

* DD Form 4 (Enlistment/Reenlistment) Document)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* NGB Form 600-7-5-R-E
* Three memoranda 
* DA Form 2823 (Sworn Statement)



CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in the Army National Guard in the rank of specialist/E-4.  

2.  The applicant enlisted in the Missouri Army National Guard (MOARNG) on 30 June 2010 in pay grade E-2.  

3.  On 30 June 2010, he signed an SLRP Addendum:

	a.  He indicated he had six disbursed loans existing in the amount $12,625

   b.  He acknowledged the total amount of repayment for qualifying loans would not exceed $50,000.  
   
   c.  He understood that he could add new disbursed loans only at the time of extensions of not less than 6 years.
   
   d.  The Government would repay a designated portion of any outstanding loan(s) that he had secured since 1 October 1975.  The loan(s) must have been made, insured, or guaranteed under Part 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).

4.  On 30 June 2010, he signed the Enlistment/Reenlistment Agreement:

	a.  His enlistment in the Army National Guard obligates him to a total of 8 years service in the U.S. Armed Forces, including service in the Reserve components.

	b.  He agreed to serve 6 years as an assigned member of a troop program unit in the Selected Reserve, 2 years as an assigned member of the Individual Ready Reserve.  He would voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit.  

5.  In a 17 February 2011 memorandum, a guidance counselor at the MOARNG, Recruiting and Retention Command, Jefferson City, MO, indicated the Information Management and Reporting Center (IMARC) system, which issues bonus control numbers, was not operational.  As a result, the applicant was not properly issued a student loan repayment control number on the date of enlistment (i.e., 30 June 2010).

6.  On 22 February 2011, the Director of Manpower and Personnel, MOARNG, submitted a memorandum to the NGB requesting an exception to policy for the issuance of a manual control number for the applicant's SLRP.

7.  On 22 February 2011, the NGB disapproved the request for an exception to policy for a manual control to allow the applicant to receive the $50,000 SLRP.  The NGB stated the request for a manual control number for his SLRP was received after the suspense date, making him ineligible for the incentive.  The NGB stated he could file a claim with the Army Board for Correction of Military Record (ABCMR) if he believed an error or injustice still existed.

8.  On 26 April 2011, the applicant submitted a sworn statement reiterating statements from his application.

9.  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 Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $50,000.  This equates to a maximum annual repayment of $7,500 plus interest.  If the amount set for repayment is less than $500, then $500 becomes the calculated amount for repayment that year.   

10.  Army Regulation 135-7 (Army National Guard and U. S. Army Reserve Incentive Programs) provided that to be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be issued a manual control number for his SLRP incentive in conjunction with his enlistment in the MOARNG was carefully considered and was found to have merit.  
2.  The evidence of record confirms the applicant entered into a written agreement – SLRP Addendum (Annex L) in good faith that authorized payment of six loans in the amount of $12,625 under the SLRP on 30 June 2010.  

3.  Through no fault of the applicant, an SLRP manual control number was not issued through the IMARC system for his SLRP Addendum (Annex L) from the time he enlisted in the MOARNG on 30 June 2010 to the suspense date of 30 September 2010.  

4.  An exception to policy request for a manual control number was subsequently denied by NGB based upon their policy which requires the request to be received by the suspense date of 30 September 2010, making him ineligible for the incentive.  

5.  However, in the interest of justice, a valid manual control number should be assigned and the applicant's student loans should be paid.  

BOARD VOTE:

____X____  ____X____  ___X_____  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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing he was assigned a valid manual control number prior to the 30 September 2010 deadline for his SLRP incentive;

	b.  showing he is eligible for payment of his student loans totaling $12,625 under the SLRP in accordance with the terms of his SLRP Addendum (Annex L); and 


	c.  paying the six dispersed loans, totaling 12,625.00 out of the Army National Guard funds as specified in the SLRP Addendum (Annex L).




      _______ _   _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)                                         AR20110011041



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ABCMR Record of Proceedings (cont)                                         AR20110011041



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