IN THE CASE OF:
BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20130006550
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 loans as part of his extension in the Indiana Army National Guard (INARNG) under the Student Loan Repayment Program (SLRP).
2. The applicant states:
a. he was told his three smaller student loans totaling $13,000 would be paid but no action has been taken; he was also told his larger student loan in the amount of $20,000 was not going to be paid;
b. he reenlisted in the INARNG for 6 years believing that his student loans would be paid; and
c. he was told to get the loan and then reenlist; he did what he was told but he got the wrong type of loan (a private loan through Sallie Mae); he knows if he had been given the right information he would have avoided this.
3. The applicant provides a self-authored statement and an exchange of emails.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the INARNG for 8 years on 16 May 2005. He entered active duty for training (ADT) on 25 July 2005 and completed required training for military occupational specialty 11B (Infantryman). He was honorably released from ADT on 18 November 2005.
2. He entered active duty on 10 December 2007 and subsequently served in Kuwait/Iraq from 7 March to 27 November 2008. He was honorably released from active duty on 16 December 2008.
3. On 30 September 2011, he executed a 6-year extension of his enlistment. With this extension, he completed Annex L (SLRP Addendum - ARNG) to the
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States). He indicated:
a. he had at least 1 qualifying, disbursed loan at the time of the extension and he currently had 2 loans; the total amount that may be repaid on all loans could not exceed $50,000;
b. he had provided a copy of his promissory notes and proof of disbursement to the State Incentive Manager upon extension;
c. he understood he may add new disbursed loans within his contractual agreement as long as he did not exceed the threshold established by this addendum; and
d. he had not previously received the education LRP/SLRP as an enlistment, reenlistment, or extension option in the Selected Reserve.
4. It appears at some point he submitted an exception to policy to the National Guard Bureau (NGB) regarding payment of his loans.
5. On 1 March 2013, the NGB denied his request for an exception to policy. No explanation or reason is indicated.
6. He provides a series of email exchanged between him and the Battalion Career Counselor regarding his eligibility for the SLRP and subsequent request for an exception to policy for payment of his loans.
7. An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, on 7 May 2013, in the processing of this case. A G-1 official recommended that the applicant be granted full relief and that all three loans be honored. He stated:
a. A review of the applicant's case shows he was fully eligible to receive the SLRP for his 6-year extension. A SLRP addendum was signed and two of the applicant's three loans, acquired prior to his extension, are listed on this document. A third, private loan the applicant had was not listed. The third loan, authorized for payment by the Department of the Army (DA) G-1 (Army level), was not a loan recognized by the ARNG Selected Reserve Incentive Program (SRIP) guidance in effect on the date the applicant extended.
b. The email correspondence provided by the applicant shows he was forthcoming about all three loans and that he received improper counseling regarding his eligible loans. As a result of this improper guidance - not the applicant's fault - he incurred a debt. He should get full administrative relief for all three loans in accordance with DA SLRP regulatory guidance.
8. The applicant was provided a copy of this advisory opinion but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed a 6-year extension in the ARNG on 30 September 2011. He completed a SLRP addendum and disclosed/listed two loans acquired prior to his extension. A third, private loan the applicant had was not listed. Although authorized for payment by the G-1, this third loan appears to not have been a recognized loan by the ARNG SRIP guidance in effect on the date the applicant extended.
2. The email correspondence he provided shows he was forthcoming about all three loans and that he received improper counseling regarding his eligible loans. As a result of this improper guidance, he incurred a debt. He should not be penalized for an action that was not his fault. Therefore, as a matter of equity, he should receive full administrative relief for all three loans in accordance with DA SLRP regulatory guidance.
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 all Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. amending Annex L (SLRP Addendum - ARNG), dated 30 September 2011, to show he had three eligible loans on the date he executed the addendum;
b. showing he provided the State Incentive Manager a copy of all promissory notes and proof of disbursement upon extension; and
c. authorizing and paying all three of his loans in accordance with his contract subject to the threshold amount listed on this contract.
_______ _ _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) AR20130006550
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