BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130005800 


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, in effect, correction of his record to show his Student Loan Repayment Program (SLRP) Addendum was completed on the date of his enlistment.  

2.  The applicant states his recruiter instructed him to sign his SLRP Addendum five days after his enlistment.  He later found out that his SLRP was not valid because it was not signed on the same day of his enlistment.  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 March 2010
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex B to DD Form 
4 - SLRP Addendum - Army National Guard of the United States), dated 
3 April 2010
* memorandum from the applicant's recruiter, dated 11 March 2012
* memorandum from the Commander, F Company, 1st Battalion, 11th Aviation Regiment, dated 4 July 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Maryland Army National Guard (MDARNG).

2.  His DD Form 4 shows he enlisted in the MDARNG on 29 March 2010 for a 
6-year term of service.  Section B (Agreements), item 8 shows the entry "A," indicating there was one annex to the DD Form 4 which was apparently available at the time of his enlistment.

3.  Section I - Eligibility of the applicant's Guard Annex B to DD Form 4 - SLRP Addendum indicates that he was not enlisting to qualify for a Military Technician or Active Guard Reserve (AGR) Title 32 or 10 position where membership in the Reserve component is a condition of employment (temporary assignment as a Military Technician for 6 months or less excluded).  Section VII - Authentication shows he signed and dated the document on 3 April 2010.

4. On 11 March 2012, the applicant's recruiter submitted a memorandum, Subject:  Information Pertaining to the SLRP.  The recruiter stated that during the time of the applicant's enlistment it was not uncommon for MDARNG personnel at the Baltimore Military Entrance Processing Station to instruct the recruiter to submit the SLRP.  He was not instructed to finalize the addendum on the date of enlistment.  He was instructed to enroll the applicant himself, due to the applicant not having all the paper required for the SLRP at the time of enlistment.  The SLRP was completed days after the enlistment and submitted according to prior training. 

5.  On 4 July 2012, the applicant's commander requested an exception to policy (ETP) to allow the applicant to receive the SLRP.  The commander stated the applicant should not be held responsible for an administrative error that resulted in his enlistment contract and SLRP being dated 5 days apart.  He should have his SLRP payments continue throughout the remainder of his enlistment. 

6.  On 29 August 2012, the Deputy G-1, NGB, denied the request for an ETP for the SLRP.  The Deputy G-1 directed the State Incentive Manager to terminate the incentive with recoupment of the $2,137.21 paid toward eligible loans.  He stated National Guard Regulation 600-7, paragraph 1-13c, required the addendum to be completed at the same time of enlistment.  The Deputy G-1 directed the State Incentive Manager to terminate the incentive with recoupment.

7.  In the processing of this case an advisory opinion was obtained from the Chief, Personnel, Programs, Resources, and Manpower Division, NGB.  The advisory opinion noted research revealed the applicant had qualified loans in the amount of $11,427.00 with a yearly entitlement of $1,714.05 and was eligible for 
the SLRP upon enlistment.  On 4 March 2011, before his first year anniversary, a payment was made on his loans in the amount of $2,137.21, which was $423.16 over his yearly entitlement.  He repeated his military occupational specialty school and graduated on 5 September 2012.  However, he entered into a Military Technician status on 24 May 2011, which made him ineligible to continue to receive his SLRP incentive.  His ETP request was denied on 29 August 2012 with the determination that no documentation existed at the time of his enlistment to support that an incentive was offered.  ETP guidance was to terminate the SLRP contract with recoupment. 

8.  The advisory opinion recommended that the Army Board for Correction of Military Records (ABCMR) direct the Army National Guard to correct his records to show that the SLRP was offered and accepted at the time of enlistment.  The recommendation would allow the applicant to keep $1,714.05 of the 
$2,137.21 already paid.  However, his status as a Military Technician effective 
24 May 2011 requires that the incentive be terminated with no additional payments authorized.  Further, because the pay already received was more than the annual entitlement, the $423.16 overpayment must be recouped.

9.  The applicant commented on the advisory opinion, stating the only reason he enlisted instead of becoming an officer was the SLRP.  His recruiter mentioned that SLRP was not offered to officers and being enlisted was the best option.  Looking back, he should have gone to Officer Candidate School.  Furthermore, when he became a technician, he did not realize that his SLRP benefits would terminate.  He has since left that post and is currently working in the private sector.  Had he known the seriousness of the problems he would have waited another week to enlist.  
  
10.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) prescribes policies and procedures for the administration of the ARNG of the United States incentive programs and is used for the SRIP, which includes enlistment bonus, reenlistment/extension bonus, affiliation bonus, SLRP, and the civilian acquired skills program (CASP).

   a.  Paragraph 1-13c (Required Documents) states all required addenda will be completed at time of enlistment/reenlistment or extension.  An addendum cannot be completed after the fact in order to gain eligibility for an incentive or the SLRP.
   
   b.  Paragraph 5-2f (Eligibility Requirements) of National Guard Regulation 600-7 provides the conditions for eligibility.  The SLRP is offered to non-prior service Soldiers.  It is not for Soldiers who are enlisting for an AGR title 10 or title 32 tour nor for a Military Technician position. 

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Army National Guard.  Chapter 8 covers actions required after enlistment.  Paragraph 8a(4) states incentive eligibility will be stopped when a member is declared ineligible to receive any further incentive payments, except for service performed before the termination date.  Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual service commitment.  Termination of eligibility to an incentive will occur if a Soldier accepts an AGR or a permanent Military Technician position where membership in the Selected Reserve is a condition of employment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show his SLRP Addendum was completed on the date of his enlistment was carefully considered.

2.  An advisory opinion from the NGB recommended relief on the basis he was eligible for the SLRP upon enlistment on 29 March 2010.  He was paid the first year anniversary in the amount of $2,137.21, which was $423.16 over his yearly entitlement.  However, he entered into a Military Technician status on 24 May 2011, which made him ineligible to continue to receive his SLRP incentive.

3.  The applicant was eligible for the SLRP at the time of his enlistment.  Due to no fault of his own, the applicant's recruiter mishandled the SLRP.  The NGB supports relief.  Therefore, it is recommended the applicant's records be corrected to show the SLRP addendum was properly prepared and signed by all appropriate officials at the time of the applicant’s enlistment.  

BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual 
concerned be corrected by showing a SLRP addendum was properly prepared and signed by all appropriate officials at the time of his enlistment in the MDARNG.




      _______ _   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)                                         AR20130005800





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ABCMR Record of Proceedings (cont)                                         AR20130005800



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