IN THE CASE OF:	   

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130006932 


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 that he be allowed to retain the Student Loan Repayment Program (SLRP) incentive he was offered at the time of his enlistment on 9 October 2009.

2.  The applicant states, in effect, he enlisted in the Texas Army National Guard (TXARNG) for the State Officer Candidate Enlistment Option 09S (Commissioned Officer Candidate).  Prior to shipping to basic training, he renegotiated his contract for "Rep-63 (Special Forces Candidate-18E)."  He renegotiated his contract under two stipulations:

* he would receive the SLRP (as this was not an option with the 09S contract)
* his new contract would be for the "Rep-63 option"

3.  His recruiter requested a bonus control number and it was granted.  Since he had received authorization for the SLRP as well as "Rep-63," he signed his National Guard Bureau (NGB ) Form 600 7-5-R-E (SLRP Addendum, ARNG of the United States), as well as the "REP-63" contract and shipped to one station unit training at Fort Benning, GA on 9 August 2010.

4.  Approximately 1 year later, he contacted the TXARNG Incentives Office as instructed and was notified that an error had been made and he would not be receiving the SLRP incentive, regardless of documentation.  He was told that at the time of his renegotiation, the NGB was not permitted to give Soldiers the SLRP incentive under renegotiation conditions.  
5.  He submitted an Exception to Policy (ETP) to the TXARNG Incentives Managers and on 13 February 2013 he was notified that his request for an ETP had been denied.  The mistake was not on his part, but that of the NGB and it is not only unjust, it shows a lack of integrity on the part of the NGB.

6.  The applicant provides:

* Military Entrance Processing Station (MEPS), Houston, TX, Order 9288006, dated 15 October 2009
* NGB Form 600-7-5-R-E, undated
* Texas Military Forces, ARNG, Austin, TX, Orders 291-455, dated 
18 October 2011
* his request for ETP, dated 15 March 2012
* a memorandum, dated 24 January 2013, from NGB
* two memoranda, dated 11 February 2013, from Texas Military Forces, ARNG, Headquarters, Recruiting and Retention Battalion, Austin, TX

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 9 October 2009, shows he was enlisting in the ARNG of the United States for the State Officer Candidate Enlistment Option.

2.  His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he enlisted in the TXARNG in pay grade E-4 on 9 October 2009 for a period of 8 years.

3.  His Enlistment/Reenlistment Agreement, ARNG, Service Requirements and Methods of Fulfillment, dated 9 October 2009, shows he enlisted under the 09S program, Commissioned Officer Candidate.

4.  An NGB Form 600-7-5-R-E, undated, indicates in paragraph 1 that he was a non-prior service applicant enlisting for a unit identification code and he had nine disbursed loans existing in the amount of $30,952.00.

5.  His Army Military Human Resource Record (AMHRR) contains two MEPS Orders 9288006, dated 15 October 2009.

	a.  One order shows he was ordered to initial active duty for training in military occupational specialty (MOS) 09S, at Fort Benning, GA, with a report date of 
19 July 2010.
	b.  A second order shows he was ordered to initial active duty for training in MOS 11C (Infantry Indirect Fire Crewman) with a report date of 9 August 2010 to Fort Benning, GA.

6.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 8 August 2010 and he was released from active duty training on 18 May 2011 due to completion of required active service.

7.  The applicant provided Texas Military Forces, ARNG Orders 291-455, dated 18 October 2011, ordering him to active duty for training for the period 
23 October 2011 to 30 March 2013 to attend the Special Forces Qualification Course.

8.  On 15 March 2012, he requested an ETP to retain his SLRP incentive.  He stated he originally enlisted under an OCS contract and the SLRP option was not available with OCS contracts at the time.  A couple of months later, but before shipping to basic training, he decided it would be best for his family if he were able to get his student loans paid.  

9.  On 24 January 2013, the NGB denied the applicant an ETP to retain the $50,000 SLRP incentive that was offered at the time of enlistment on 9 October 2009.  The NGB stated the Selected Reserve Incentive Program (SRIP) policy, in effect at the time of his enlistment, did not authorize the SLRP with the 09S enlistment option.  His SLRP was terminated on 11 February 2013.

10.  In the processing of this case, an advisory opinion was received from the Office of the Deputy Chief of Staff, G-1.  G-1 recommended full administrative relief and the SLRP be applied to eligible loans at the time of the applicant's enlistment according to regulatory guidance.  Although not in policy, authority was granted to offer the SLRP with the 09S option by Congressional action in the National Defense Authorization Act (NDAA) of 2008.

11.  The applicant was provided a copy of G-1's opinion for his comments.  However, a response has not been received.

DISCUSSION AND CONCLUSIONS:

1.  He enlisted in the TXARNG under the 09S enlistment option on 9 October 2009.  His NGB Form 600-7-5-R-E indicates he had nine disbursed loans existing in the amount of $30,952.00.

2.  In a letter, dated 24 January 2013, the NGB denied his request for an ETP and stated the SRIP policy in effect at the time of his enlistment, did not authorize the SLRP with the 09S enlistment option.  

3.  According to the Office of the Deputy Chief of Staff, G-1, the NDAA of 2008 granted authority to offer the SLRP with the 09S option.

4.  In view of the above, it would be equitable to correct the applicant's record to show an exception to policy for the SLRP was granted at the time of his enlistment and apply payments in accordance with his NGB Form 600-7-5-R-E.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  showing an exception to policy for the SLRP was granted at the time of his enlistment; and 

	b.  processing his paperwork for repayment of his eligible student loans in accordance with his NGB Form 600-7-5-R-E as a result of the above correction and paying those loans out of Army National Guard funds.  



      _______ _   _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)                                         AR20130006932



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ABCMR Record of Proceedings (cont)                                         AR20130006932



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