IN THE CASE OF:	  

		BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130001388 


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 reinstatement of his Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states his SLRP requests for the fiscal years 2009, 2010, 2011, and 2012 were denied by the National Guard Bureau (NGB) in 2012 because his SLRP Addendum could not be located.  An exception to policy (ETP) request for the SLRP incentive was denied by the NGB because his addendum could not be located.  He remembers signing the addendum at the time of his reenlistment on 15 April 2007, but he was not given a copy of the paperwork.

3.  The applicant provides copies of page one of a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and two ETP requests.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Washington Army National Guard (WAARNG) on 14 February 2002.  He completed required training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).  

2.  His record contains and he provides a copy of a DA Form 4836 which shows on 14 April 2007, he executed a 6-year extension of his enlistment.  With this extension, he completed Annex R (Reenlistment/Extension Bonus Addendum – ARNG) for a $15,000.00 extension bonus.

3.  A review of his military records located in the integrated Personnel Electronic Records Management System (iPERMS) failed to reveal a copy of an SLRP Addendum for $20,000.00.

4.  On 27 June 2012, he submitted an ETP to the NGB regarding retention of a $20,000.00 SLRP.  He stated that he signed a SLRP/Bonus Agreement on his 15 April 2007 extension date, but he was not given a copy of the document for his files.  Since the unit had since been deactivated none of the unit files could be found.

5.  On 13 July 2012, the WAARNG requested an ETP for the applicant in order for him to retain the $20,000.00 SLRP.  The WAARNG official stated that the applicant's recent payment request was denied by the SLRP Support Team because there was no copy of the applicant's SLRP Addendum in his IPERMS.  The applicant was issued an Information Management and Reporting Center (iMARC) generated control number and signed an SLRP Addendum on 15 April 2007, but he was not given a copy of the document and his unit had since been deactivated and none of the unit's files could be located.  

6.  On 4 October 2012, he was advised that his current condition rendered him medically unfit for continued service in the WAARNG.  He was honorably discharged from the WAARNG on 6 November 2012.

7.  An advisory opinion was obtained from the Personnel Policy Division, NGB, on 13 June 2013, in the processing of this case.  The NGB official recommended approval and stated:

	a.  According to the case documents, the applicant enlisted in the WAARNG on 14 February 2002 and extended his enlistment on 15 April 2007.  He signed an SLRP/Bonus agreement on the date of his extension; however, he was not provided with a copy of the document.  The unit that he was assigned to had since been deactivated.  

   b.  Per the memorandum from the Personnel, Programs, Resources and Manpower Division, dated 9 May 2013, there was no SLRP Addendum on file and a Bonus Control Number (BCN) was not requested until 8 January 2010, almost 3 years after the extension.  The applicant had qualified loans in the amount of $6,201.00 for an annual entitlement of $930.15.  A payment was made to him on 16 April 2010 in the amount of $2,250.00.  The WAARNG submitted an ETP request on behalf of the applicant to the Incentives Branch at the NGB on 13 July 2012.  The ETP was denied on 6 September 2012 because the intent to extend for the SLRP incentive could not be validated.  The WAARNG Incentive Office followed guidance to terminate the contract without recoupment, which was executed on 24 September 2012.
   
   c.  Without a signed SLRP Addendum or other evidence that an offer was made at the time of extension, the ARNG does not have the legal authority to make any additional SLRP payments.  However, the applicant was eligible for the incentive at the time of extension and the BCN was approved.  It would unjust to not honor the commitment represented by the approved BCN.  Recommend that the applicant's records be corrected to indicate that he was offered and accepted the incentive at the time of his extension.  The State concurred with the NGB recommendation.

9.  On 14 June 2013, the applicant was provided a copy of this advisory opinion; however, he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a 6-year extension in the ARNG on 14 April 2007.  He contends he signed an SLRP Addendum, but was not given a copy of the document.  On 8 January 2010, a BCN was requested for the SLRP Addendum and a payment was made to him on 16 April 2010.  An ETP was made on his behalf to retain the SLRP.  On 6 September 2012, the NGB denied this request and termination of the contract without recoupment was executed on 24 September 2012.

2.  The NGB opined that the applicant was eligible for the SLRP at the time of his extension and the BCN was approved; therefore, it would be unjust to not honor the commitment represented by the approved BCN.  The NGB and the State recommended approval of the applicant's request.  

3.  In view of the foregoing, his records should be correct to show he was offered and accepted the SLRP at the time of his extension on 15 April 2007.  

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

* showing the applicant executed an Annex L (SLRP Addendum - ARNG), dated 15 April 2007, and accepted the SLRP incentive on the date he executed the addendum
* authorizing payment of the SLRP in accordance with his contract, to be paid 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)                                         AR20130001388





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ABCMR Record of Proceedings (cont)                                         AR20130001388



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