BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20130005429
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 the recouped amount of $3,480.88 for the Student Loan Repayment Program (SLRP) incentive be paid back to him.
2. The applicant states he enlisted in the California Army National Guard (CAARNG) with the good faith that his recruiter and the Military Entrance Processing Station (MEPS) were following the proper protocol regarding his SLRP enlistment incentive. At the time of his enlistment, he was entitled to this incentive. He continues to honorably serve in accordance with his contractual obligation.
3. The applicant provides:
* DD Form 4 (Enlistment/Reenlistment Document)
* Annex S (SLRP Addendum - ARNG) to DD Form 4
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* CAARNG notification letter of incentive discrepancy
* Various loan documents
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the CAARNG on 18 October 2005 for a period of
8 years. His DD Form 1966/3 (Record of Military Processing) shows in item 32 (Specific Option/Program Enlisted For) the entry:
*
Assignment to Detachment 1, 140th Chemical Company
* Enlistment bonus and MGIB Kicker
* Standard Training Option
2. In connection with this enlistment, he completed Annex S to DD Form 4. However, the addendum was signed on 15 November 2005, not on the same date he enlisted. He indicated he understood:
* Upon his enlistment in the ARNG, he would be eligible for the SLRP under the Selected Reserve Incentive Program (SRIP)
* He was enlisting in the critical military occupational specialty (MOS) 42A (Human Resources Specialist)
* He had existing loans in the amount of $4,000.00
3. He entered active duty for training (ADT) on 15 November 2005 and he completed the required training for MOS 42A. He was honorably released from ADT on 14 April 2006.
4. He continued his service with the 140th Chemical Company. Additionally, he entered active duty on 13 February 2012 and he subsequently served with this unit in Kuwait from 10 April to 18 December 2012. He was honorably released from active duty on 12 January 2013.
5. On 15 February 2013, by memorandum, the CAARNG notified the applicant that there was a discrepancy in his SLRP incentive payment. A payment had been made in the amount of $3,480.88 that was in violation of Department of Defense Instruction (DODI) 1205-21 (Reserve Component Incentive Program Procedures), section 6.2 and section E8.1.2.1.
6. During the processing of this case, on 4 April 2013, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1. The advisory official recommended approval of the applicant's request. He stated an administrative error that resulted in the applicant's SLRP addendum on 15 November 2005 caused the ARNG to recoup the money nearly 8 years after he enlisted. Had the addendum been signed on his enlistment date, the incentive would have been authorized.
7. On 4 April 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.
8. DODI 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. The applicant enlisted in the CAARNG on 18 October 2005. Nearly a month later, on 15 November 2005, he and his recruiter signed an addendum authorizing him the SLRP incentive. He received the amount of $3,480.88.
2. Nearly 8 years later, as a result of an audit conducted by the CAARNG, it was determined he did not execute his SLRP addendum on the same date he executed his enlistment contract. Accordingly, the State initiated action to recoup the amount that had been paid.
3. The applicant enlisted in good faith. He continues to serve and/or fulfill the requirements of his contractual obligation. He was made a written promise by his recruiter. He should not be penalized for errors committed by his recruiter or State officials. As a matter of equity, his record should be corrected to show he executed the SLRP annex on the same date he enlisted and the recouped amount should be paid back to the applicant.
4. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
* amending Annex S of his DD Form 4, dated 15 November 2005, to show it was signed on 18 October 2005
* paying him, from Army National Guard funds, the recouped amount of $3,480.88
__________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) AR20130005429
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