IN THE CASE OF:	  

		BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120015144 


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

2.  He states his enlistment contract explicitly states he is eligible to participate in the SLRP.  Furthermore, Annex L of his enlistment contract breaks down the loan repayment amounts and clearly describes how they will be paid.  

3.  He adds that each section of his enlistment contract was signed and dated by the proper authority at the Military Entrance Processing Station (MEPS) and he has satisfied all required details in the contract.  

4.  The applicant states he has exhausted all administrative remedies as he first appealed through the Education, Incentives and Employment Division, National Guard Bureau (NGB).  After receiving the denial letter, he presented his concerns to the Massachusetts Army National Guard (MAARNG) Inspector General (IG).   

5.  He provides:

* a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* a Guard Annex – Enlistment/Reenlistment Agreement – ARNG
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 – Enlisted Loan Repayment Program (ELRP) Addendum)
* a DA Form 5435 (The Selected Reserve Montgomery GI Bill)
* a DD Form 1966/1-4 (Record of Military Processing – Armed Forces of the United States)
* a request for exception to policy/with response
* a records correction checklist

CONSIDERATION OF EVIDENCE:

1.  On 25 March 2010, he enlisted in MAARNG for 6 years.  The Guard Annex shows he enlisted under Program "S – Standard Training" for military occupational specialty (MOS) 09S (Commissioned Officer Candidate).  Page 7 of this form shows the SLRP Addendum was part of his enlistment agreement.   He is currently serving in the MAARNG in the rank and pay grade, Staff Sergeant, E-6.

2.  Annex L to DD Form 4 was signed by both the applicant and a MEPS representative on 25 March 2010.  This form also shows he was a non-prior service (NPS) applicant enlisting in a deploying unit for a term of service of not less than 6 years.  He also scored 92 on the Armed Forces Qualification Test (AFQT) and had six disbursed loans existing in the amount of $13,790.08.  A bonus control number was assigned.

3.  Item 10 of the same form contains the following statement:

I understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP/ROTC (Simultaneous Membership Program/Reserve Officers' Training Corps) cadet.  It will also continue upon acceptance of either a commission or appointment as an officer or warrant officer candidate in the ARNG.  The timeline of the original contract will remain in effect.  I also understand that my continued participation in the program will cause me to be ineligible for any officer/warrant officer accession bonus.

4.  Item 32.a. (Specific Option/Program Enlisted For), of the DD Form 1966/3, shows the applicant enlisted for, among other options/incentives, payment of his student loans under the SLRP.

5.  DD Form 1966/4 has a remark that reads:  "I AM ENLISTING UNDER 6X2 SLRP."



6.  On 20 February 2011, he requested an exception to policy for the SLRP.  In his request he stated his recruiter discussed the details of his contract and specifically stated the applicant would not be receiving any incentive bonuses for enlisting, but instead would receive the SLRP benefits.  

7.  On 23 May 2011, the Chief, Education, Incentives and Employment Division, NGB denied the applicant's request.  

   a.  He stated that in accordance with ARNG Selective Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, 2009, 2010 
(10 August 2007 – 15 June 2010) (Policy Number 07-06) the applicant enlisted in the MAARNG under the officer candidate school (OCS) enlistment option on 
25 March 2010.  

	b.  Upon review of all substantiating documentation from the applicant's enlistment, the SLRP Addendum signed by the applicant was found to be erroneous.  He was therefore ineligible to retain the SLRP. 

8.  On 4 August 2012, he executed an Oath of Office and was commissioned as a second lieutenant in the MAARNG.
 
9.  NGB - EDU-10-009 Memorandum, subject:  Chaplain, Health Professional and Enlisted Loan Repayment (CHELRP), dated 23 February 2010 implemented NGB Education Division Instruction 1.1 on 1 October 2009.

10.  NGB Education Division Instruction 1.1 contains all policy and procedural guidance for all loan repayment programs for the ARNG.  

   a.  This instruction supersedes all other policy and procedural guidance on the SLRP (now known as the ELRP), the Health Professional Loan Repayment Program (HPLRP) and the Chaplain Loan Repayment Program (CLRP). The combined loan repayment program is now known as the Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP).
   
   b.  Paragraph 2-3 provides guidance for enlisted eligibility.  It states, in part, enlisted Soldiers receiving ELRP will remain eligible while attending OCS.  Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their ELRP will be paid within the same period established in their original enlistment documents.  It states all NPS enlistees must meet the following eligibility requirements in addition to the general requirements: 

   (1)  Enlist for either a 6x2 or 8x0 enlistment option. 
   (2)  Enlist into a combat support, Modified Table of Organization and Equipment, Aviation Classification Repair Activity Depot, Regional Training Institute or a Medical or Special Forces Table of Distribution and Allowances Unit. 
   
   (3)  Qualify as a Category I-IIIA enlistment (AFQT of 50 or higher).

DISCUSSION AND CONCLUSIONS:

1.  On 1 October 2009, the NGB implemented guidance which changed the SLRP to the ELRP.  As such, when he enlisted on 25 March 2010, officials at the MEPS had him complete an NGB Form 600-7-5-R-E as outlined in NGB Education Division Instruction 1.1 for the CHELRP.  

2.  This annex specifically shows he enlisted under option "S" for standard training and met all the requirements as outlined for receipt of the ELRP.  His contract and NGB Education Division Instruction 1.1 state enlisted Soldiers receiving ELRP will remain eligible while attending OCS.  Soldiers will also remain eligible upon commissioning or appointment and the ELRP will be paid within the same period established in their original enlistment documents.  

3.  Notwithstanding the NGB's denial of his request for an exception to policy, as a matter of equity, the applicant is entitled to the ELRP benefit as outlined in his enlistment contract.

4.  His record should be corrected to show the ARNG granted his request for an exception to policy and paying his student loans from ARNG funds as provided by CHELRP and as stipulated in Annex – L (ELRP Addendum) of his enlistment contract dated 25 March 2010. 

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 the ARNG granted the applicant’s request for an exception to policy and honored Annex – L (ELRP Addendum) of his enlistment contract
* paying his student loans out of 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)                                         AR20120015144





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ABCMR Record of Proceedings (cont)                                         AR20120015144



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