IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120006773 


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, in effect, his recruiter incorrectly dated his SLRP addendum by one day which invalidated the contract.  He further states the clerical error was not his fault.  He entered into the agreement in good faith believing the Army National Guard (ARNG) would honor its obligation as he has honored his obligation.  

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Annex L to DD Form 4 (SLRP Addendum ARNG of the United States)
* 4 memoranda

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Louisiana ARNG (LAARNG) for 6 years on 17 December 2007.  He completed Annex L related to the SLRP.  





2.  Annex L shows in:

	a.  Section II (Eligibility), paragraph 2e, the entry "I have 5 loans existing in the amount of $15,120.80.  The total amount of repayment for qualifying loan(s) will not exceed $20,000.00."

	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 that may be repaid annually on any qualifying loan will not exceed 15-percent (%) (not to exceed $3,000 per year) of the total of all loan principal or $500.00, whichever is greater. 

	c.  Section VII (Authentication) shows the applicant and a service representative authenticated the form by placing their signatures in the appropriate blocks.  The form is dated 18 December 2007 and a SLRP Control Number is present on the form.   

3.  On 3 March 2010, the National Guard Bureau (NGB) denied his exception to policy request.  An NGB official stated:

   a.  The applicant enlisted in the LAARNG for six years with prior military service on 17 December 2007 into military occupational specialty (MOS) 21J (which converted to MOS 21E on 1 October 2008, and later converted to MOS 12N on 1 October 2010), for which the applicant was previously MOS qualified.  The applicant executed a SLRP addendum on 18 December 2007, a day after his enlistment into the LAARNG.  The applicant had to have a minimum of six years on the date he executed the SLRP addendum per Section 1, paragraph      2 of the addendum; and on 18 December 2007, the applicant had less than six years remaining to serve the LAARNG.  An SLRP manual control number (MCN) was not requested in the Information Management and Reporting Center.

   b.  Upon review of all substantiating documentation, it was determined the SLRP addendum executed by the applicant on 18 December 2007 was invalid, and the applicant is ineligible for a SLRP MCN.  However, the applicant could extend his enlistment for six years at any time for the SLRP incentive.
   
   c.  The Military Personnel Office should ensure all elements responsible for incentive processing are properly trained to preclude the issue from negatively affecting other Soldiers in the future.


   d.  The applicant could file a claim with the Army Board for Correction of Military Records if he believed an error or injustice existed. 

4.  The applicant provided memoranda from his unit readiness noncommissioned officer and J1 who attest to the failings of administrative personnel to handle the applicant’s SLRP contract and MCN in a timely manner.

5.  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 LAARNG for
6 years on 17 December 2007.  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 enlisting official failed to ensure the addendum was dated correctly and ensure a SLRP MCN was properly input to authorize this incentive.  

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 enlisting officials throughout the enlistment process.  He should not be penalized for errors committed by his recruiter, enlisting official, or the NGB.  He met all of the requirements he agreed to on his contract and he should have had a complete SLRP Addendum with a valid MCN 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 MCN in connection with his enlistment in the LAARNG on 17 December 2007
* completed and signed the Loan Repayment Program Addendum on       17 December 2007 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 corrected 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)                                         AR20120006773



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ABCMR Record of Proceedings (cont)                                         AR20120006773



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