IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120009599 


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 enlistment contract to show he was authorized the Reserve Component Student Loan Repayment Program (SLRP) in conjunction with his 5 February 2009 enlistment in the New York Army National Guard (NYARNG).

2.  The applicant states he was eligible for and he was supposed to receive both a critical MOS bonus and the SLRP at the time of his enlistment.  He claims his recruiter told him that since he did not have his promissory notes at the time of his enlistment, he would add them after he enlisted so he would receive all the incentives he was eligible for.  He states that instead of processing the paperwork, his recruiter's father got sick and the paperwork was left with another recruiter who did not process it like he was supposed to.  As a result, the injustice he has suffered was the result of human error.

3.  The applicant provides:

* A letter from Sergeant (SGT) G-----o M---a, dated 15 March 2011
* Page 12 and 13 of a memorandum, subject:  ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 – 31 March 2008 (Policy Number 07-06)
* Extract of Army Regulation 601-210 (Active and Reserve Components Enlistment Program)
* Extract of Army Regulation 135-7 (Incentive Programs)


* Extract of his National Student Loan Database
* His Reenlistment Eligibility Data Display (REDD) Report, dated 4 April 2012

CONSIDERATION OF EVIDENCE:

1.  On 5 February 2009, the applicant enlisted in the NYARNG for a period of 8 years.  His enlistment contract does not contain Annex L (Enlisted Loan Repayment Program Addendum - Army National Guard (ARNG) of the United States) for the SLRP.  There is no mention of the SLRP in any of the addenda to the applicant's enlistment contract completed during his enlistment processing.

2.  In connection with the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division.  The advisory official indicates that although the applicant was qualified for and he was offered the SLRP, his enlistment contract did not contain any mention of the SLRP or an SLRP addendum.  Upon discovery of this omission, the applicant utilized his chain of command and requested an exception to policy, but was unsuccessful.  He further states the applicant's recruiter submitted a statement confirming he initiated the SLRP paperwork prior to the applicant's enlistment and sent the paperwork to the Military Entrance Processing Station (MEPS).  No copies of the paperwork ever made it to the MEPS.  Based on this error, the G-1 official recommends the Board find in favor of the applicant and authorize correction of the applicant's record to show his eligibility for the SLRP.

3.  On 5 June 2012, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

4.  Army Regulation 135-7 prescribes policies and procedures for the administration of the ARNG and U.S. Army Reserve incentive programs.  Chapter 5-1 contains guidance on the administration of the SLRP.  Soldiers meeting the eligibility criteria may be awarded the SLRP incentive.

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 1 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 correct his record to show he was authorized the SLRP at the time of his enlistment in the NYARNG has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was promised the SLRP by his recruiter and that he was eligible to receive this incentive at the time of his enlistment in the NYARNG in 2009.  It appears that as a result of an administrative error on the part of the recruiter the SLRP incentive was never included in the enlistment contract or required addenda completed during the applicant's enlistment processing.  The applicant was otherwise eligible to receive the SLRP; therefore, based on the moral commitment made by the Army in the form of the promise of the recruiter, it would be appropriate and serve the interest of justice and equity to correct the applicant's record to show he was authorized and received the SLRP incentive in conjunction with his 2009 enlistment in the NYARNG and to add all appropriate necessary addenda to the enlistment contract authorizing this incentive.

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 records of the individual concerned be corrected by showing he:

	a.  was issued Annex L to the DD Form 4 for the SLRP in connection with his enlistment in the NYARNG on 5 February 2009;

	b.  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; and

	c.  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)                                         AR20120009599



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ABCMR Record of Proceedings (cont)                                         AR20120009599



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