IN THE CASE OF:	  

		BOARD DATE:	    13 August 2013

		DOCKET NUMBER:  AR20120022112 


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 he be authorized to receive payment under the Student Loan Repayment Program (SLRP).

2.  The applicant states at the time he accepted his commission a term of that contract was the payment of his student loans under the SLRP.  His contract clearly shows the SLRP as a term for his acceptance of his commission.  He was told that after a year, repayment of his student loans would commence.

3.  The applicant provides a copy of the documents prepared at the time of his commissioning, including but not limited to his student loan documentation; computer printouts of his commissioning application, a DD Form 4 (Enlistment/Reenlistment Document); a DD Form 1966 (Record of Military Processing); an Army National Guard (ARNG) Enlistment/Reenlistment Agreement, dated 24 January 2009; a 12 April 2012 National Guard Bureau (NGB) Exception to Policy Memorandum denial; a 2 May 2012 Texas Army National Guard (ARNG) notice of SLRP eligibility termination; and his post-commissioning service documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed his enlistment application packet (for Officer Candidate School) on 24 January 2009.  Included in that packet is the documentation of his student loans, a DD Form 4, an ARNG Enlistment Agreement, and a DD Form 1966.  

2.  The printouts of the applicant's student loans, dated 22 January 2009, show the applicant had loans to Sallie May in the amount of $8,234.22 and Stafford Loans in the amount of $7,142.23.

3.  On page 8 of the ARNG Enlistment Agreement, the list of addendums attached is shown as the Montgomery GI and Montgomery GI Bill Kicker.  Below the list of addendums is the preprinted statement "I have read and understand the statements above and that these statements are intended to constitute ALL promises and guarantees whatsoever concerning my enlistment.  No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored.  I hereby state that I have NOT been promised anything other than what is written on this form and hereby waive any claim based upon any promise or representation not annexed to my contract."

4.  Page 4 on the DD Form 1966 contains the preprinted statement "I understand that I am eligible for the student loan repayment program.  I accept the student loan repayment program."  It is initialed by the applicant and dated 24 January 2009.

5.  The applicant was ordered to initial active duty for training (IADT) on 1 June 2009.  He completed Officer Candidate School, was released from active duty on 
18 November 2009, and was commissioned a second lieutenant in the Texas ARNG on 19 November 2009.

6.  He served on active duty for training as a basic aviation officer from 23 January 2011 through 14 June 2012. 

7.  As a result of an undocumented audit of his records, the applicant was notified that he did not qualify for participation in the SLRP and an exception to policy was requested because he had enlisted for the Montgomery GI Bill programs.

8.  On 26 April 2012, the NGB denied the request for an exception to policy stating the applicant did not sign an SLRP statement, no Bonus Control Number was issued, and there was no evidence to support that a SLRP incentive was offered at the time of his commission.  The denial memorandum incorrectly shows a date of commission of 24 January 2008.

9.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of ARNG and the U.S. Army Reserve (USAR) incentive programs.  For eligibility under the SLRP a non-prior service applicant must: 

* enlist with a high school diploma
* enlist for a term of service of not less than 6 years
* have an Armed Forces qualification test score of 50, or higher on the Armed Services Vocational Aptitude Battery (ASVAB) 
* decline enrollment in the Montgomery GI Bill in writing, using DD Form 2366 
* have SLRP guaranteed in writing in the enlistment contract (DA Form 3286-66)
* possess a loan that was made, insured, or guaranteed under the higher education act of 1965, Title IV, Part B, D, or E prior to entering active duty

10.  A Soldier will not be eligible for any loan repayments until they have: 

* completed IADT
* have received sufficient training to be deployed
* have served 1 year in the Selected Reserve after securing the loan or loans
* have reached the anniversary date of the Selected Reserve contract for SLRP participation.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with law and regulation, the NGB denial of the exception to policy is correct.  Payment under the SLRP is not authorized without the addendum showing an SLRP election having been made with the issuance of a Bonus Control Number.  

2.  However, the NGB denial memorandum is flawed.  It contains an erroneous date of commissioning; the applicant was commissioned in 2009 not 2008.  This fact would normally be considered nothing more than a typographical error if not for the fact that decision also states that there is no evidence that the SLRP was offered as a part of applicant's commissioning contract.  There is an entry on the DD Form 1966/4 showing election of SLRP and the submission of the documents showing his student loans as a part of his application for commissioning.  

3.  Further, the memorandum does not address the fact that addendums that are of record relate to participation in the Montgomery GI Bill and that a Soldier is not permitted to participate in both the Montgomery GI Bill and the SLRP.  The inclusion of both options in his enlistment documents shows he was not properly counseled on the options.

4.  Attempts were made to contact the applicant, via the phone number and e-mail address shown on his application, to determine which option, the Montgomery GI Bill and Kicker or the SLRP, he would prefer.  The phone number was reported as either changed, invalid, or no longer connected and the e-mail was returned as invalid.  Therefore, this case should be resolved based on the applicant's request as stated.

5.  The applicant's records should be corrected to show an addendum showing an election of SLRP participation was completed at the time of enlistment and that he was issued a Bonus Control Number.

6.  Further, he should be shown to have declined participation in the Montgomery GI Bill, and have reimbursed to the applicant any monies withheld or paid into the Montgomery GI Bill program and paying the appropriate amounts under the SLRP. 

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 State ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  showing the applicant elected participation in the SLRP;

	b.  showing an SLRP addendum was properly completed and submitted at the time of enlistment and that he was issued a Bonus Control Number; 

	c.  showing he declined participation in the Montgomery GI Bill; 

	

   d.  refunding him any monies withheld or paid into the Montgomery GI Bill program; 

	e.  paying the appropriate amounts under the SLRP 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)                                         AR20120022112





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ABCMR Record of Proceedings (cont)                                         AR20120022112



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