IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130008586 


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 correction of his record to show he enlisted for the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* the SLRP was a part of his enlistment bonus packet, but not honored due to lost forms and/or addenda
* the SLRP was the reason he enlisted in the Texas Army National Guard (TXARNG) for 6 years and the Individual Ready Reserve (IRR) for 2 years
* he has been pursuing his degree since his enlistment
* he has been trying to rectify this issue since 15 April 2010 to no avail
* he requested an exception to policy through the National Guard Bureau (NGB), but it was denied

3.  The applicant provides the following:

* page 4 of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* an application for Request New Control Number
* a Guard Annex Form (Enlistment/Reenlistment Agreement (ARNG) Service Requirements and Methods of Fulfillment)
* NGB Form 600-7-1-R-E (Annex E to DD Form 4, Non-Prior Service (NPS) Enlistment Bonus Addendum, ARNG of the United States) 
* Montgomery GI Bill - Kicker (MGIB - K) (The NGB, MGIB Selective Reserve Kicker Incentive Addendum)
* DA Form 5435 (Statement of Understanding)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that on 15 April 2009 he enlisted in the TXARNG for a period 6 years.  

2.  His record contains a DD Form 1966, dated 15 April 2009, which shows in:

	a.  item 30 (Data Verification by Recruiter (Enter description of the actual documents used to verify the following items)), e (Education) an "x" in (2) Other, the entry "General Education Diploma";

	b.  item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantee), (Specific Option/Program Enlisted for) the entry in accordance with Appendix A, Company A, 6x2 - NPS MGIB Kicker $200, critical skill valid vacancy 20K - year, 6 years 89B1, MGIBK200, CSVV20K6, ARNG Standard Training Program.

3.  He submitted and his record contains:

   a.  his DD Form 1966/4 (Remarks) which indicated:

* his term of enlistment was 6x2 years 
* understood he was eligible for an enlistment cash bonus and SLRP
* he accepted the enlistment cash bonus and SLRP
* was assigned SLRP bonus control number (BCN) S0904006TX

   b.  a Guard Annex, dated 15 April 2009, which shows he would be enlisted for program S (Standard Training).  Section VII (Addendums) of his Guard Annex stated the Enlistment Bonus Form, MGIB – K, and MGIB addenda were attached and were a part of his enlistment agreement.

   c.  Annex E, dated 15 April 2009, which shows in:

   (1)  Section I (Eligibility) upon enlistment he was eligible for an enlistment bonus as indicated in the SRIP if he enlisted for Company A, 536 Base Support Battalion (Rear), position 0000, paragraph number 208, line number 05, military occupational specialty 89B1O and enlisted for Critical Skill MOS under the 6x2 or 8x0 option and would receive a NPS critical skill bonus (50/50 payment); and 
 
		(2)  Section III (Payments) stated he would receive a total of $20,000.00 for his enlistment bonus, the first 50 percent upon completion of individual active duty training and the second payment of 50 percent on his 36th month anniversary.  

   d.  the MGIB-K Form, dated 15 April 2009, which shows he was eligible for a MGIB kicker incentive rate $200.00.

   e.  a DA From 5435, dated 15 April 2009, which shows he was eligible for the Selected Reserve MGIB program provided he contracted to serve for 6 years, was a secondary school graduate, and completed individual active duty training. 

   f.  a Request New Control Number for [applicant’s SSN] for the following select education and/or incentive programs:

* Kicker
* Selected Reserve Incentive Program (SRIP)
* SLRP (was already assigned the BCN S0904006TX)

4.  In the processing of this case, the Board obtained an advisory opinion from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 dated 17 June 2013.

   a.  The Incentives and Budget Branch reviewed the applicant's request for eligibility for the SLRP and stated that he was eligible to receive the SLRP at the time of his enlistment.  
   
   b.  There was no copy of the SLRP addendum in his Official Military Personnel File (now the Army Military Human Resources Record).  There was nothing to indicate he was offered the SLRP on either his DD Form 4 or 1966, but a bonus control number for the SLRP was applied for prior to his enlistment in April 2009.  

   c.  The applicant's exception to policy was denied by the ARNG on 5 March 2013.  It appears there was an administrative error at the time of his enlistment to cause the SLRP to be dropped from his paperwork.  The request for a bonus control number is sufficient to show he was offered the SLRP. 
   
   d.  The advisory recommended he be granted full administrate relief and that repayment of eligible loans active at his time of enlistment be honored under his contract according to Department of the Army SLRP regulatory guidance.  
 
5.  On 21 June 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond. 

6.  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% 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.  To be eligible for the SLRP incentive, a person must contractually obligate himself or 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.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least one year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the TXARNG for
6 years on 15 April 2009.  He enlisted for the SLRP incentive and his enlistment contract stipulated he would be entitled to payment of an appropriate amount of the SLRP.  However, it appears that the enlisting official failed to ensure the addendum was completed and submitted even though the enlisting official ensured a SLRP BCN was properly requested and annotated on his DD Form 1966/4 to authorize this incentive.  

2.  It is evident that several errors were committed in the processing of his enlistment.  It is equally evident that none of this was his fault.  He totally depended on the guidance of his enlisting officials throughout the enlistment process.  He should not be penalized for errors committed by his recruiter, enlisting official, or the NGB.  He met all of the requirements he agreed to on his contract and he should have had a complete SLRP Addendum with a valid BCN to accompany his enlistment contract.  Therefore, he should be entitled to the requested relief.  


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 State ARNG and Department of the Army records of the individual concerned be corrected to show he:

* was issued an addendum to the DD Form 4 for the SLRP with a valid BCN in connection with his enlistment in the TXARNG on 15 April 2009
* completed and signed the Loan Repayment Program Addendum on       15 April 2009 that clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive
* is eligible for the SLRP in accordance with the terms of his corrected enlistment contract
* paying any eligible student loans out of ARNG 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)                                         AR20130008586





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ABCMR Record of Proceedings (cont)                                         AR20130008586



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