IN THE CASE OF:	  

		BOARD DATE:  23 May 2012

		DOCKET NUMBER:  AR20110022418 


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, payment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states Annex L (Enlisted Loan Repayment Program Addendum - Army National Guard (ARNG) of the United States) of his enlistment contract omitted a bonus control number (BCN) for the SLRP.  He provided the promissory notes to his recruiter and the guidance counselor upon enlistment in the ARNG.  He signed the SLRP form (Annex L) believing that he was legitimately receiving this benefit.  He found out later that the control number had not been requested properly.  

3.  The applicant provides copies of:

* A self-authored DA Form 2823 (Sworn Statement)
* Email exchanged with the National Guard Bureau (NGB)
* His promissory notes
* Annex L
* Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Method of Fulfillment
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Statement from his guidance counselor
* Exception to policy request and denial memoranda
* BCN Request

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Missouri ARNG (MOARNG) for 6 years on 29 October 2010.  He completed two annexes:  Annex L related to the LRP and the Guard Annex related to the method of fulfillment.  

2.  Annex L shows in:

	a.  Section II (Eligibility), paragraph 2c, the entry "I have 11 disbursed loans existing in the amount of $27,938.00.  The total amount of repayment for qualifying loan(s) will not exceed $50,000.00."

	b.  Section III (Entitlement and Payment), the entry "The Government will repay a designated portion of any outstanding loans that I have secured since 1 October 1975…The portion of the ELRP ($50,000) that may be repaid annually on any qualifying loan will not exceed 15-percent (%) (not to exceed $7,500 per year) of the total of all loan principal or $500.00, whichever is greater. 

	c.  He enlisted for assignment to Company E, 1st Battalion, 135th Aviation.  He and a service representative authenticated the form by placing their signatures in the appropriate blocks. 

3.  The Guard Annex shows he enlisted for assignment to Company E, 1st Battalion, 135th Aviation, in military occupational specialty 89B (Ammunition Specialist).  

4.  He entered active duty for training (ADT) on 1 February 2011, completed the required training, and was awarded MOS 89B.  He was honorably released from ADT on 9 June 2011.

5.  On 22 February 2011, the Director of Manpower and Personnel, MOARNG, submitted a request for exception to policy requesting a manual control number for the applicant's SLRP.  The Director stated the applicant enlisted in the ARNG and signed the SLRP Addendum but no BCN was ever requested.  The applicant has met the contractual agreement and continues to serve satisfactorily.

6.  On 22 February 2011, the NGB denied his exception to policy request.  An NGB official stated that a request for a manual control number had to be submitted by 30 September 2010.  The applicant's request was received after this date which made the applicant ineligible for the incentive and BCN. 



7.  He submitted: 

	a.  A self-authored sworn statement wherein he stated that upon enlistment, he signed many documents, including the LRP Addendum.  He had already been approved for his 11 loans in the amount of $27,938 to be paid back and he provided the promissory notes to his recruiter and guidance counselor.  He had no reason to believe that a problem would arise.  One of the main reasons for his enlistment was payment of his loans.  He should not be penalized for someone else's mistake. 

	b.  A statement, dated 17 February 2011, from the MOARNG guidance counselor who states that on the date of the applicant's enlistment, the computerized system which issues the BCN was down.  As a result, the applicant was not issued a BCN on the date of enlistment. 

8.  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% of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  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 one year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the MOARNG for
6 years on 29 October 2010.  He enlisted for the SLRP incentive and his enlistment contract stipulated he would be entitled to payment of an appropriate amount of the SLRP.  However, it appears that the computerized system which issues the BCN may have been down and his recruiter and guidance counselor failed to obtain the appropriate BCN to authorize this incentive.  He completed the required training and reported to his unit of assignment.  He continues to serve satisfactorily as stipulated in his enlistment contract. 


2.  It is evident that several errors were committed in the processing of his enlistment.  It is equally evident that none of this was his fault.  He totally depended on the guidance of his recruiter and guidance counselor throughout the enlistment process.  He should not be penalized for errors committed by the recruiter, MOARNG recruiting officials, State Incentive Manager, or the NGB.  He met the all of the requirements he agreed to on his contract and he should have had a complete SLRP Addendum with a valid BCN to accompany his enlistment contract.  Therefore, he should be entitled to the requested relief.  

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 Department of the Army and State Army National Guard records of the individual concerned be corrected to show he:

* was issued Annex L to the DD Form 4 for the SLRP with a valid BCN in connection with his enlistment in the MOARNG on 29 October 2010
* completed and signed the Loan Repayment Program Addendum that clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive
* is eligible for the SLRP in accordance with the terms of his enlistment contract



      _______ _  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)                                         AR20110022418



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ABCMR Record of Proceedings (cont)                                         AR20110022418



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