IN THE CASE OF:	

		BOARD DATE:	30 May 2013

		DOCKET NUMBER:  AR20120018006 


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 her student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  This is the third time she has submitted this application. 

		(1)  Her first submission was administratively closed by Army Board for Correction of Military Records (ABCMR) letter, dated 7 May 2012.  She was advised to seek assistance from the Alabama Army National Guard (ALARNG).

		(2)  Her second submission was returned to her by Army Review Boards Agency (ARBA) letter, dated 25 July 2012, as there was no evidence in her application that she adhered to the 7 May 2012 ABCMR letter by seeking assistance from the ALARNG.

	b.  Her initial enlistment in the Army included a $3,000.00 enlistment bonus and a $10,000.00 SLRP.  The $3,000.00 enlistment bonus was to be paid in annual increments.  The SLRP was to be paid after the completion of her training.  Her training lasted over 2 years (9 weeks of basic training; 16 months of Basic Arabic at the Defense Language Institute; 5 months of interrogator training at Fort Huachuca, AZ; and 3 weeks Basic Airborne Training).

	c.  Her enlistment bonus had been completely paid by the time she was able to submit for the SLRP in June 2005.  Payment of the SLRP was denied.  She was informed that the reason for denial of the SLRP was that only one bonus was allowed at the time of her enlistment.

	d.  She went through her unit and higher headquarters for approval of the payment and she was denied.  There was some mention that for a small period in October 2002, both bonuses were allowed and that her contract was signed during that time.

	e.  In November 2007, Colonel S____ I. E____, ALARNG, Deputy Chief of Staff, Personnel (DCSPER), signed a memorandum approving the payment of the SLRP; however, she claims the State of Alabama again denied payment.

	f.  She believes the denial of a bonus stipulated in the contract which she already honored is unjust.  Even if she were to only receive one bonus, she should have been offered a choice.  She honored her contract and the bonus stipulated in the contract by the Army should be honored as well.

	g.  A 13 September 2012 email note from the ALARNG State Incentive Manager indicates that the 6 November 2006 memorandum from the Chief, Personnel Programs, Manpower and Resources Division, National Guard Bureau (NGB), disapproving her request for an exception to policy for SLRP payment was the final response from NGB. 

3.  The applicant provides:

* 13 March 2012, advisory opinion memorandum from the Office of the Deputy Chief of Staff, G-1
* 23 October 2011, NGB Form 22 (Report of Separation and Record of Service)
* 25 July 2012 ARBA letter
* 7 May 2012 ABCMR letter
* email notes relating to balances of applicant's student loans  
* emails relating to NGB’s disapproval of her ETP for SLRP payment
* 6 November 2006, NGB memorandum showing disapproval of her ETP for SLRP payment
* her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* NGB Form 600-7-1-R-E (Annex E (Enlistment Bonus Addendum) to 
		DD Form 4)
* NGB Form 600-7-5-R-E (Annex S (Student Loan Repayment Addendum) to DD Form 4)
* ALARNG memorandum, subject:  Request for Exception to Policy – SLRP, dated 13 November 2007
* email note, subject:  Re:  SLRP, dated 12 February 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ALARNG on 24 October 2002.  She entered active duty for training (ADT) on 7 May 2003.  The training period was for approximately 85 weeks.  She completed her training and she was awarded military occupational specialty (MOS) 97E (Human Intelligence Collector).

2.  Her DD Form 4 shows:

	a.  she enlisted in the ALARNG on 24 October 2002 for a period of 6 years.

	b.  in Annex E an enlistment bonus of $3,000.00.

	c.  in Annex S the SLRP and that she had two existing student loans totaling $10,000.00.

4.  A 13 November 2007 memorandum signed by the DCSPER, ALARNG to the applicant's unit stated that the applicant's request for an ETP to honor the SLRP  was approved.  This action was based on guidance contained in "NGB-ARM Selective Reserve Incentive Program (SRIP), dated 16 June 2007, Policy Number 07-05."

5.  In the processing of this case, on 13 March 2012, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official recommended the applicant be granted relief and be awarded the SLRP incentive at a level not to exceed $10,000,00, and to retain the enlistment bonus listed in her original contract.  The official states:

	a.  The applicant enlisted in the ARNG on 24 October 2002.  Her contract at enlistment contained a $3,000.00 non-prior service enlistment bonus (EB) and SLRP option of $10,000.00 for a 6-year contract for MOS 97E.  She was later informed by the ALARNG that since she received an enlistment bonus, she was precluded from receiving SLRP.

	b.  He (advisory official) reconstructed the Selected Reserve Incentive Program (SRIP) policy for the 2002 time period.  There were no restrictions at that time for a Soldier to receive the EB and SLRP options together and MOS 97E was a shortage skill, eligible for both incentives.  The rule as it existed in 2002 for the ARNG was to pay pre-existing loans in an amount up to $10,000.00. Her contract stated she had two existing loans in the amount of $10,000.00.
6.  On 13 March 2012, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Army has not repaid her for the $10,000.00 in student loans that were included in the enlistment contract that was executed on 24 October 2002.  She contends that the State of Alabama has denied her payment of her student loans under the SLRP.

2.  The G-1 advisory official recommends the applicant be granted relief and be awarded the SLRP incentive at a level not to exceed $10,000, and retain the enlistment bonus listed in her original contract because there was no restriction to the applicant receiving both the EB and SLRP options at the time of her enlistment.  The G-1 advisory official stated that both incentives were authorized at the time of her enlistment.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the state Army National Guard records and the Department of the Army records of the individual concerned by:

   a. showing the State of Alabama approved payment of her student loans in accordance with the SLRP addendum of her enlistment contract and 


   b. processing her paperwork for repayment of her current eligible student loans as a result of the above correction and paying those 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)                                         AR20100023889



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ABCMR Record of Proceedings (cont)                                         AR20120018006



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