IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130002713 


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 correction of his records to show entitlement to a Student Loan Repayment Program (SLRP) incentive for his enlistment on 20 November 2011.

2.  The applicant states his military records are in error and unjust because he was unable to submit his SLRP into the integrated Personnel Electronic Record Management System (i-PERMS).  The cause of this error is the apparent change in policy that was withheld from him until after he initiated his contract and successfully completed his training.  When he enlisted with the Florida Army National Guard he was told by his recruiter that his federal student loans would be covered up to the amount of $55,000.  He was advised that over the time of the 6-year contract he would get a yearly payment of a percentage of his loans until the full sum is complete at the conclusion of his contract.  Furthering his education was paramount in deciding to join the National Guard.  He was depending on the SLRP to free up his student loans from his bachelor's degree and allot him a freedom to pursue an exciting civilian career without having to be concerned with the financial disposition that his student loans created.  His recruiter remains consistent in stating that she thought that he would be eligible when he completed training but the policy changed while he was in training.

3.  The applicant quotes some e-mail but provides no supporting documentation.



CONSIDERATION OF EVIDENCE:

1.  Prior to enlistment the applicant completed several years of higher education; however, there is no indication of completion of a baccalaureate degree being awarded prior to his enlistment.

2.  The applicant enlisted in the Army National Guard (ARNG) on 28 November 2011 for 8 years, 6 in an active Guard status and 2 in the Individual Ready Reserve.  His enlistment documents include a training guarantee, a State Educational Dollars for Duty (EDO) agreement, and enrollment in the Selected Reserve Montgomery GI Bill.

3.  The applicant's DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), Section B, item c, states, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."  The applicant biometrically signed his statement.

4.  He was ordered to active duty for training on 2 April 2012, completed training, and was awarded military occupational specialty 46Q (Public Affairs Specialist).

5.  He was released from active duty on 18 September 2012 and transferred to the 107th Public Affairs Detachment, 2305 State Road, St Augustine, FL.

6.  The applicant has been ordered to full-time National Guard Operational Support duty on six occasions in 2013 and was promoted to sergeant effective 1 May 2013. 

7.  During the processing of this case, on 29 January 2013, an advisory opinion was obtained from the National Guard Bureau.  The advisory official recommended approval of the applicant's request.  He stated:

	a.  the applicant had qualifying loans and was eligible for the SLRP incentive upon enlistment;

	b.  there is no documentation of a request for a Bonus Control Number or that the incentive was offered at the time of enlistment;

	c.  the applicant enlisted under ARNG SRIP Policy for Fiscal Year 11 
(P11-0009) under which extensions for an incentive outside a Soldier's expired term of service (ETS) were authorized;

	d.  however, at the time of his completion of training a new ARNG SRIP Policy had come into effect and authorized extensions for the SLRP outside a Soldier's eligible extension period of 365 days from a service member's ETS; and

	e.  both the applicant and the recruiter acted in good faith.

8.  A copy of the advisory opinion was forwarded to the applicant.  There is no record of a response from him. 

9.  The record does not contain any evidence of his preservice loans and none of the documents related to his enlistment bear the name of his recruiter.

10.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs) provides the following:

	a.  All required addenda are to be completed at the time of the enlistment/reenlistment or extension.  An addendum cannot be completed after the fact in order to gain eligibility for an incentive or the SLRP.

	b.  for eligibility under the SLRP, a non-prior service applicant must: 

		(1)  enlist with a high school diploma;

		(2)  enlist for a term of service of not less than 6 years;

		(3)  have an Armed Forces qualification test score of 50 or higher on the Armed Services Vocational Aptitude Battery;

		(4)  possess a loan or loans that were made, insured, or guaranteed under the Higher Education Act of 1965, Title IV, Part B, D, or E prior to entering active duty;

		(5)  decline enrollment in the Montgomery GI Bill (MGIB) in writing, using DD Form 2366; 

		(6)  have completed an SLRP guarantee addendum; and

		(7)  be issued a Bonus Control Number;

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

		(1)  completed IADT,

		(2)  received sufficient training to be deployed,

		(3)  served 1 year in the Selected Reserve after securing the loan or loans, and

		(4)  reached the anniversary date of the Selected Reserve contract for SLRP participation.

11.  Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes 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.  Payment under the SLRP is not authorized without the Soldier having an addendum showing an SLRP election; declining, in writing, participation in the MGIB; and having a Bonus Control Number issued.  None of these three provisions were met.

2.  The principal reason for the favorable NGB recommendation was a change in regulations that occurred during the period the applicant was in training.  That change related to granting the SLRP for reenlistments, not initial enlistments.

3.  Notwithstanding the favorable NGB recommendation, there is no verifiable evidence that the applicant has qualifying loans, completed any of the required addenda, or was misinformed as to when such addenda were to be completed.  His enlistment contract specifically stated, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."

4.  While the applicant may have been eligible for participation under the SLRP, there is no verifiable evidence that he was offered and accepted the enlistment incentive, and the applicant did not decline participation in the MGIB.

5.  Therefore, there is insufficient evidence to warrant the 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)                                         AR20130002713





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ABCMR Record of Proceedings (cont)                                         AR20130002713



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