BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130003424 


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 reconsideration of his previous request for the correction of his records to show he is entitled to the Student Loan Repayment Program (SLRP) in the amount of $10,000.

2.  The applicant states he is providing new documents that were not previously considered by the Board.

3.  The applicant provides:

* eight pages of email, dated between 17 March 2004 and 5 June 2007
* a letter, dated 8 February 2012
* Army Board for Correction of Military Records (ABCMR) AR20110009989 Record of Proceedings (ROP) with 14 pages of attachments

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110009989, on 7 February 2012.

2.  As new evidence the applicant provides an email dated:

	a.  17 March 2004, from himself to Sergeant First Class (SFC) BJF, wherein he stated SFC BJF needed to contact SFC Oxx in St. Paul, MN, about his SLRP because it was not on the education database at the "Modre."  He further stated he was very concerned, and slightly angered, because he timed it so extra interest would not build…He reenlisted in October or November and he thought anyone would be upset if everything was delayed and the repayment process did not start when it was suppose to.  About $9,000 were at stake.

	b.  12 January 2005, from himself to SFC BJF, wherein he stated he needed to know what to do to get his student loan repayment going.

	c.  12 January 2005, from SFC BJF to the applicant, wherein it stated he (SFC BJF) could get his student loans rolling from his end.

	d.  31 May 2006, from himself to SFC BJF, wherein he stated he hoped the education and benefit brief would enlighten the SLRP, because…it was over 2 and 1/2 years since he reenlisted and the payments should have started after a year.  He further stated he had never received a $20,000 bonus or any bonus when he reenlisted other than the SLRP.

	e.  31 May 2006, from SFC BJF to the applicant, wherein it stated unless he received the promissory notes the SLRP could not be paid.  He further stated the applicant called while he was deployed and he (SFC BJF) told him to get him the notes.  He never received them…if he got him the promissory notes on the loans he had before he reenlisted, he would do everything he could to get them paid.

	f.  31 May 2006, from himself to SFC BJF, wherein he stated he went over his promissory notes with him (SFC BJF) before he reenlisted…he was told it was an issue because they had a master promissory note…they didn't have one for each semester.  He further stated he was never told to get the promissory notes while he was deployed and could not believe that SFC BJF did not have them.

	g.  31 May 2006, from SFC BJF to the applicant, wherein he stated he had confused the applicant with one of the 12 Soldiers who didn't bring in their notes…he went into his (the applicant's) file and realized he sent in his payment request in March 2005.  He went on the State website and found they had not paid it but he did not know why.

	h.  5 June 2007, from SSG TMS to the applicant, wherein it stated he went through the applicant's file and could not find any record of him having the SLRP.  He checked his last extension and he did not have a control number authorizing anything.

	i.  5 June 2007, from himself to SFC BJF, wherein he asked SFC BJF to explain to SSG TMS that he chose the SLRP over 3 and 1/2 years prior, over the bonus and he had been trying for some time to get the ball rolling on it.

3.  The applicant enlisted in the Minnesota Army National Guard (MNARNG) on 13 November 1997 for a period of 8 years.  He was assigned to the 1st Battalion, 151st Field Artillery Regiment, Morris, MN.

4.  His record contains a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 12 October 2003, wherein it shows he extended his enlistment in the MNARNG for a period of 6 years on that date.  His records do not contain a DA Form 5261-4-R (SLRP Addendum) that shows he reenlisted for the SLRP incentive.

5.  He was honorably discharged from the MNARNG on 9 February 2010.  He completed 12 years, 2 months, and 27 days of Reserve service.

6.  In a memorandum, dated 21 December 2011, the Chief, Personnel Policy Division, National Guard Bureau (NGB), in part, stated according to sworn statements provided by the MNARNG, the applicant was never provided an SLRP Addendum to his reenlistment contract when he reenlisted on 12 October 2003.  However, he was given a verbal commitment that he would receive $10,000 in the SLRP incentive as long as he provided the promissory notes for his loans.  The necessary loan documents were provided to the State in 2005.  It was recommended by the NGB that the applicant receive the SLRP incentive as the statements clearly showed the unit did not properly administer his reenlistment paperwork.

7.  Army Regulation 135-7 (Incentive Programs), restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of military occupational specialties and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment and a Soldier must execute a DA Form 5261-4-R at that time (emphasis added). 

8.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  
9.  To be eligible for the SLRP incentive, a person must contractually obligate himself/herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and 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.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the SLRP incentive in the amount of $10,000.

2.  The evidence of record confirms the applicant reenlisted in the MNARNG on 12 October 2003 for a period of 6 years; however, his records are void of an SLRP Addendum that shows he reenlisted for the SLRP incentive.

3.  Notwithstanding his and his MNARNG unit's sincerity that he was promised the SLRP incentive when he reenlisted, the evidence of record does not contain, and he has not provided, an SLRP Addendum that shows the SLRP incentive was included in his MNARNG enlistment contract on 12 October 2003.  The governing regulation states in order to receive the SLRP incentive an SLRP Addendum must be executed at the time of the enlistment/reenlistment. 

4.  In view of the foregoing, he is not entitled to 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 to amend the decision of the ABCMR set forth in Docket Number AR20110009989, dated 7 February 2012.



      _______ _   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)                                         AR20130003424





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ABCMR Record of Proceedings (cont)                                         AR20130003424



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