BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130000930 


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, correction of his records to show entitlement to the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment.

2.  The applicant states:

* he fulfilled his part of the contract he completed with his unit at the time
* although he did not have to extend his enlistment for Title 32, U.S. Code, Active Guard Reserve (AGR) orders, he continues to serve the time that he extended for
* he was not alerted or counseled on the issue of termination of his SLRP incentive until he submitted forms for payment of his student loans
* on 1 December 2012, he was notified his SLRP contract had been terminated 
* he believes the decision to terminate his SLRP incentive was made in error based on a 2009 policy memorandum
* he has followed every process to get his student loans paid through his SLRP contract
* he is the retention noncommissioned officer for his battalion and counsels Soldiers daily on the contractual agreements and the possibility of termination for certain reasons
* termination of his contract by the National Guard Bureau (NGB) is unjust and unwarranted


* he was counseled on the termination policy at the time he signed his current extension and SLRP contract in 2010
* at the time, he was fully eligible and would still be eligible even if he accepted Title 32 orders so long as the first year of the contract had been completed prior to the assignment and the first loan repayments had been made
* he recommends a system change to alert Soldiers of policy changes

3.  The applicant provides:

* NGB memorandum, subject:  Clarification of Continuing SLRP Benefits Upon Acceptance of an AGR and/or Military Technician (MilTech) Position, dated 14 September 2009
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Orders 210-739, issued by the State Military Department, Joint Forces Headquarters Alabama National Guard, Montgomery, AL, dated 29 July 2010
* NGB Form 600-7-5-R-E (Annex L (Enlisted Loan Repayment Program Addendum – Army National Guard of the United States)) to DD Form 4 (Enlistment /Reenlistment Document – Armed Forces of the United States), dated 8 June 2010
* Federal Stafford Loan Master Promissory Note, dated 3 May 2010
* correspondence from the Faulkner University Financial Aid Office, Montgomery, AL
* his DA Forms 2823 (Sworn Statement), dated 8 May 2011 and 18 July 2012
* a DA Form 2823 by Captain (CPT) R----- T----- S------, dated 10 May 2011
* Exception to Policy (ETP) request letter, dated 17 April 2012
* ETP approval memorandum, dated 15 May 2012
* ETP request memorandum, dated 23 July 2012
* ETP denial memorandum, dated 23 November 2012

CONSIDERATION OF EVIDENCE:

1.  On 14 September 2009, NGB policy memorandum, NGB-EDU-09-58 was published.  This policy memorandum states, in pertinent part, that:

	a.  Soldiers ordered to active duty in the State (Title 32) AGR program and Title 32 (MilTech) program will be entitled to SLRP payments as long as they remain serving under their initial contract and/or agreement where SLRP was 


awarded, "pending service member has received first anniversary payment and has remained in good standing."  

	b.  Soldiers are entitled to receive SLRP payments up to their original expiration date listed on their SLRP contract.  Under no circumstances will a Soldier be allowed to extend for the SLRP if the reason for the extension is to meet requirements for acceptance of an AGR/MilTech position.

2.  After having had two prior extensions to his 20 January 1995 enlistment contract in the Alabama Army National Guard (ALARNG), on 8 June 2010 the applicant extended his enlistment for a period of 6 years.

3.  In connection with his 8 June 2010 extension, he executed an NGB Form 600-7-5-R-E.  The addendum shows a bonus control number was assigned.

4.  The SLRP addendum shows the applicant was authorized a maximum of $50,000.00 in loan repayments.  He had one disbursed loan existing in the amount of $6,800.00.  The amount to be repaid each year would not exceed
15 percent of the original balance.

5.  Section VIII (Certification by Service Representative) of Annex L shows the service representative (a staff sergeant) certified, as witnessed by CPT S------, that he explained the agreement to the applicant.  He further verified the applicant met the eligibility requirements for the designated portion ($50,000.00) authorized for loan repayment in section III (Entitlement and Payments).  The applicant signed confirming that he read and understood the contents of this agreement.

6.  Orders 210-739, dated 29 July 2010, shows the applicant was ordered to full-time National Guard duty effective 29 July 2010.

7.  On 17 April 2012, an ETP request was submitted because the applicant and witnessing officer (CPT S------) inadvertently failed to date the SLRP addendum.

8.  On 15 May 2012, the ETP was approved by the Deputy G1, Army National Guard, NGB.

9.  On 18 July 2012, the applicant submitted a sworn statement indicating he met the qualifications outlined in the NGB-EDU-09-058 policy memorandum and that his loans were paid the previous year "which was the first year of [his] current SLRP contract anniversary date."


10.  On 23 July 2012, a second ETP request was submitted because the applicant accepted an AGR position effective 29 July 2012 [2010].

11.  The applicant provides copies of NGB-EDU-09-058 policy memorandum, his DA Form 4836, Orders 210-739, Annex L, student loan documents, sworn statements, and ETP memoranda all showing the processing steps taken to retain his SLRP incentive.

12.  On 14 September 2012, the Chief, Incentives and Budget Branch, Office of the Chief of Staff, G1, Washington, District of Columbia granted the Army National Guard the authority to grant ETP requests allowing ARNG members who contracted under the SLRP and who accept either an AGR or MilTech position between 9 October 2008 and 17 November 2009, the ability to remain eligible for payment of their qualifying Federal loans to the end of the contractually obligated period designated in their SLRP contract addendum.

13.  ETPs for members accepting an AGR or MilTech position after 17 April 2009 through 3 November 2010 were to be considered on a case-by-case basis as stipulated in Army Regulation 601-210 (Active and Reserve Component Enlistment Program).

14.  On 23 November 2012, the Deputy G1, ARNG NGB, denied the applicant's request for an ETP for retaining his SLRP incentive based on the applicant's status change to AGR on 29 July 2012 [2010].

15.  Army Regulation 601-210, paragraph 10-8a(4), states termination of incentive eligibility will occur if a Soldier accepts an AGR or a permanent MilTech position where membership in the Selected Reserve is a condition of employment.

16.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs.

	a.  Chapter 5 authorizes student loan repayment for qualified Selected Reserve enlisted personnel.  This incentive is offered to qualifying non-prior, prior, and in-service personnel upon signing a contractual agreement for a specified term of service in the Selected Reserve and executing an SLRP addendum.

	b.  Paragraph 5-1.4.1 outlines counseling requirements for the SLRP.  It states commanders will ensure a Soldier who contracts for the SLRP have been 


counseled by a service representative regarding the Soldier's obligations and responsibilities.  It further states commanders should ensure the Soldier is aware that it is the Soldier's responsibility to make arrangements for deferment or forbearance with lenders or notes holders on loans that are falling due and initiate the request for loan(s) repayment during each year the Soldier meets the requirements by completing a DD Form 2475 (Educational Loan Repayment Program (LRP) Annual Application) and submitting it to the personnel officials of his or her assigned command.

	c.  Paragraph 5-1.5 outlines the Soldier's obligations to be eligible for the SLRP.  It states a person must:

* contractually obligate himself or herself to serve satisfactorily
* must serve in the Selected Reserve for the full term of the contractual agreement
* 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show entitlement to the SLRP incentive offered at the time of his enlistment was carefully considered.

2.  The evidence of record shows the applicant enlisted in the ALARNG with eligibility for SLRP as an enlistment incentive on 8 June 2010.  However, orders show his AGR tour began on 29 July 2010.

3.  The policy in effect at the time stated entitlement to SLRP payments would continue as long as the Soldier remained serving under their initial contract and/or agreement which SLRP was awarded, "pending service member had received first anniversary payment and remained in good standing."  

4.  Although the applicant states he has received payments and reached his first anniversary date, records show he was serving on Title 32 orders when he reached his first anniversary payment date.  Therefore, he is not entitled to the requested relief.


5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.  However, if any SLRP payments were made, the applicant is advised to reapply to the ABCMR should he incur a debt as a result of SLRP payments.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  __X______  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20130000930



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ABCMR Record of Proceedings (cont)                                         AR20130000930



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