IN THE CASE OF

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130002328 


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 student loans per his 2010 California Army National Guard (CAARNG) Student Loan Repayment Program (SLRP) contract.

2.  The applicant states that the CAARNG is not honoring the SLRP contract for various reasons.

	a.  In September 2009, while serving in the U.S. Coast Guard Reserve he met with Sergeant First Class (SFC) D-----, a CAARNG recruiter and he was told that if he transferred to the CAARNG he would be eligible for up to $50,000.00 in SLRP for a 6-year enlistment.  At that time he had approximately $21,000 in student loans.

	b.  After discussing the matter with his spouse and his Coast Guard supervisor he decided that the SLRP was too good to pass up.

	c.  SFC D----- obtained approval and a bonus control number (BCN) from the CAARNG State Incentives Office and on 9 April 2010 the applicant signed both the enlistment contract and the SLRP addendum.

	d.  For over 2 years he has been trying to get the CAARNG to pay the student loans.  Initially he was told that the SLRP was invalid because the SLRP addendum and the enlistment contract were signed on different dates.  However, the forms were both signed on the same date.
	e.  Now the CA State Incentives Office states that since he had an SLRP contract in 1995, his 2010 SLRP is invalid; regulations do not allow for a Solider to have two SLRPs.

	f.  He acknowledges he signed up for the SLRP in 1995 with the U.S. Army Reserve (USAR).  According to the CA State Incentives Office, he received SLRP payments in 1999 of $1221.90 and $1711.08.  That USAR SLRP contract was found to be invalid.  He does not recall receiving the $1711.08 payment.  He does remember paying back all the monies received from the 1995 SLRP contract.

	g.  He searched through his records and found a document stating the 1995 SLRP was invalid and a letter from the Defense Finance and Accounting Service (DFAS) stating he had repaid a $1276.12 debt.  He did pay the total amount back to DFAS.  It is not much of a stretch to assume that whatever debt he owed DFAS was deducted from his pay until it was paid in full.

	h.  He would not have left the Coast Guard and joined the CAARNG but for the SLRP benefit.  He has continued to live up to his part of the contract by serving proudly.  He reasonably relied on his recruiter when he enlisted in the CAARNG.

3.  The applicant provides:

* 23 April 2012 CAARNG memorandum
* 4 May 2012 letter from an attorney
* 20 March 2013 letter from Legal Assistance, CAARNG
* 30 June 1995 California Military Academy Certificate
* 30 June 1995 DA Form 1059 (Service School Academic Evaluation Report)
* 19 October 1995 USAREC Form 1043 (Statement of Understanding
USAR USAREC Policy Addendum
* 19 October 1995 DA Form 5261-4-R (Student Loan Repayment Program Addendum)
* 16 June 1999 Military Pay Voucher
* 25 November 2003 document, subject:  SLRP "Reasons for Discrepancy"
* Undated DFAS letter
* 9 April 2012 NGB Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum Army National Guard of the United States
* 9 April 2010 DD Form 4/2 (Enlistment Contract) Page 2 only
* 
16 February 2012 DD Form 2475 (DOD Educational Loan Repayment (LRP) Annual Application – Original loan amount of $19,701.62
* 16 February 2012 DD Form 2475 – Original loan amount of $1,317.67
* Page 36, ARNG memorandum, Subject:  The ARNG Selected Reserve Incentive Programs (SRIP) Policy for FY 13, Effective 1 January 2013 through 30 September 2012 (Policy #13-01)
* 18 March 2012 National Student Loan Dada System (NSLDS) for Student – Loan $20,811
* 1 April 2013 NSLDS My Student Data Download for loan amount $14,377
* 1 April 2013 NSLDS my Student Data Download for loan amount $1,316
* 1 April 2013 NSLDS My Student Data Download for loan amount $5,332

CONSIDERATION OF EVIDENCE:

1.  The applicant prior served in the Regular Army, U.S. Army Reserve (USAR), and the Coast Guard Reserve.

2.  A 19 October 1995 DA Form 5261-4-R (SLRP Addendum) was completed in conjunction with his enlistment.  He initialed in Section III (Acknowledgement), paragraph 1b(2)(a) indicating he was contracting to serve in military occupational specialty (MOS) 95B for a maximum of $10,000.00 in loan repayments.

3.  A 9 April 2009 NGB Form 600-7-5-R-E, completed in conjunction with his enlistment in the CAARNG shows in Section II (Eligibility):

	a.  (1)  item 2a, "I have not previously received the SLRP as an enlistment, reenlistment or extension option in the Selected Reserve.

	b.  (2) item 2c, he had three disbursed loans existing in the amount of $20,592.53 and that the total amount of repayment for the qualifying loans would not exceed $50,000.

4.  In support of his request he provides:

	a.  A 16 June 1999 Military Pay Voucher showing amounts of $1221.90 and $1711.08.  The Remarks section shows "STUDENT LOAN REPAYMENT PROGRAM.  LOAN NUMBER:  ACCT 571315259."

	b.  A 25 November 2003 document, subject:  SLRP, indicating the DA Form
5261-4-R was an invalid addendum.

	c.  An undated DFAS letter indicating the applicant had previously been notified of a principal debt amount of $1276.12 owed to the Department of Defense on account number (applicant's Social Security Number).  The debt had been decreased to a principal debt amount of $219.89 due to authorized pay for August 9-20, 2003.

	d.  A 3 April 2012 memorandum wherein SFC D----- states he was the recruiter who processed the applicant's 9 April 2010 enlistment in the CAARNG for the SLRP.  He claims the applicant provided all the required documents, he verified those documents prior to enlisting him, and he fully supports the applicant receiving the SLRP benefit.

	e.  A 4 May 2012 letter from Mr. R------ A. M------, an attorney.  He states the applicant was a member of the Coast Guard Reserve and the documentation supports the applicant was coerced by the representation of the National Guard to transfer components with the offer of SLRP benefits.  Denying the applicant the SLRP would be a breach of contract.  The National Guard should honor the contract and it should award the monies without delay.

	f.  A 20 March 2013 Legal Assistance, CAARNG letter stating the applicant was fully eligible for the loan payments through the ARNG SLRP.  He had received prior SLRP payments based on a 1995 contract; however, that contract was determined to be invalid.  A DFAS letter states that a portion of the debt has been paid.  The author states DFAS officials are unable to say for sure that the entire SLRP debt was recouped.  If the previous SLRP contract was invalid and the funds recouped, the applicant is eligible to receive SLRP on the 2010 contract.  The applicant has not received any SLRP payments.  The ABCMR should find that the previous SLRP contract is invalid and that all funds have been recouped; therefore, the 2010 SLRP contract is fully enforceable.

5.  During the processing of this case, on 7 February 2013, an advisory opinion was obtained from the NGB.  The advisory official recommended disapproval of the applicant's request.  The advisory official stated:

	a.  The applicant transferred from the Coast Guard Reserve to the CAARNG expecting to receive benefits from the SLRP.  He signed a Selected Reserve ARNG SLRP incentive addendum on 9 April 2010 with the CAARNG.  However, he was not authorized to receive that incentive.  Per ARNG SLRP Guidance 
07-06, effective 10 August 2007-31 March 2008, extended to 16 June 2012, paragraph 9.c(2) states the Soldier must not have previously received the SLRP as an enlistment, reenlistment or extension option in any Selected Reserve.

	b.  On 19 October 1995 the applicant signed a USAREC Form 1043 addendum for the SLRP as a reservist.  DFAS has confirmed he received $2932.98 in SLRP incentives from the USAR on 18 June 1999.  DFAS notified the applicant of a recoupment of $12276.12, which was only a portion of the SLRP benefits he received.  Because the entire amount was not recouped the applicant was not eligible to receive SLRP benefits from the National Guard.

6.  On 28 February 2013, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  DODI 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his student loans should be paid per the SLRP addendum executed in conjunction with his 2010 enlistment in the CAARNG.

2.  In 1995, the applicant contracted for SLRP payments.  When this contact was later ruled invalid the applicant repaid some of the amounts received.

3.  He signed an SLRP addendum in connection with his 2010 enlistment in the CAARNG.  Section II (Eligibility):  item 2a, states "I have not previously received the SLRP as an enlistment, reenlistment or extension option in the Selected Reserve."  (Emphasis added).

4.  He was not authorized to receive the SLRP incentive because he had previously received an SLRP incentive from the USAR.  The fact that he repaid some or all of the money previously received under the SLRP is not relevant in this case; however, the fact that he provided false information is.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20130001719



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002328



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1