BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130013241 


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 military records to show he was approved by the State Army National Guard (ARNG) to participate in the Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  He primarily joined the ARNG in 2007 to receive the SLRP incentive.

	b.  He submitted all of the required student loan paperwork when he processed through the Military Entrance Processing Station (MEPS) and the SLRP is listed in his contract.

	c.  Upon completion of advanced individual training, he learned the SLRP addendum was incorrectly processed in that it did not contain the required signatures and bonus control number (BCN).

	d.  A MEPS representative and he worked for over 2 years with his unit, the National Guard Bureau (NGB), and the Inspector General (IG) to resolve this issue.

	e.  In 2010, a corrected SLRP addendum was initiated with the correct signatures and he began to receive payments against his student loan.  However, no payments were processed for the years 2012 and 2013 because information received from NGB stated he did not have an SLRP addendum or BCN.

	f.  The mishandling of his SLRP addendum has resulted in recoupment action against him, thereby posing a significant financial hardship on him and his family.

3.  The applicant provides copies of his:

* NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum – ARNG of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States) (page 4)
* email correspondence
* NGB memorandum, dated 20 June 2013, subject:  Request for Exception to Policy (ETP) for SLRP (Applicant)

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Virginia Army National Guard (VAARNG) in the rank of specialist/E-4.

2.  The applicant's Army Military Human Resource Record (AMHRR) contains the DD Form 1966 which was completed during his enlistment process.

	a.  Item 32a (Specific Options/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) does not list the SLRP incentive.

	b.  Section VI (Remarks) includes the statements, "I understand that I am eligible for Enlistment Cash Bonus and Student Loan Repayment Program.  I accept the Enlistment Cash Bonus and Student Loan Repayment Program."

3.  On 26 September 2007, the applicant enlisted in the VAARNG for a period of 6 years and he was honorably discharged on 25 September 2013.  He completed 6 years of total creditable military service.

4.  The applicant provided email correspondence between the VAARNG Assistant IG and himself, dated 8 January 2011 through 18 January 2012.  On 18 January 2011, the Assistant IG stated:

	a.  After a thorough inquiry of his request for assistance on 23 April 2010, it was determined that he was eligible to receive the SLRP, but his SLRP addendum to his enlistment contract, dated 26 September 2007, had not been completed.

	b.  Based upon the IG findings, the appropriate addendum was completed and forwarded to NGB along with a request for approval of an ETP.  The request was approved and the applicant's SLRP application was submitted for payment for the years 2008, 2009, and 2010.

	c.  The IG received confirmation that $9,000.00 was disbursed to the Direct Loan Service Center on 16 December 2010.  Defense Finance and Accounting Service (DFAS) documents were provided.

	d.  The applicant's SLRP Control Number is X070926VANGB (indicating the date of his enlistment contract).

5.  On 18 January 2012, the Assistant IG informed the applicant the SLRP payment was disbursed on 13 January 2012.  The applicant confirmed his lender received an SLRP payment in the amount of $3,542.00 for the year 2011 on 17 January 2012.

6.  In an NGB memorandum, dated 20 June 2013, subject:  Request for ETP for SLRP (Applicant), the ARNG Deputy G-1 responded to the ETP request discussed in the previous paragraph as follows:

	a.  The applicant did not contract for the SLRP incentive at the time of enlistment and is not eligible for retroactive entitlement in accordance with Department of Defense Instruction 1205.21.

	b.  The applicant enlisted on 26 September 2007 and signed the addendum on 7 May 2010 which violates ARNG Selected Reserve Incentive Programs Policy 07-06 (10 August 2007-28 February 2009).

	c.  An ETP to retain the $20,000.00 SLRP is denied and the State Incentive Manager will terminate the incentive with recoupment.  The applicant may file a claim with the Army Board for Correction of Military Records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was approved by the State ARNG to participate in the SLRP.  There is sufficient evidence to support this claim.

2.  Notwithstanding the ARNG Deputy G-1's denial of the applicant's ETP request to retain his SLRP incentive with termination and recoupment because he did not contract for it, his AMHRR includes a DD Form 1966, dated 26 September 2007, the date of his enlistment, which confirms he contracted for the SLRP.  While it appears this contract did not contain an SLRP BCN or the required signatures, it was the responsibility of the MEPS guidance counselor to ensure completion of this document.  Further, after a thorough investigation into this matter, the VAARNG IG determined the applicant was eligible for this incentive, confirmed completion of a new SLRP addendum, obtained an SLRP control number, and the applicant subsequently received SLRP payments for the years 2008, 2009, 2010, and 2011.  Accordingly, it is now unreasonable to deny the applicant the SLRP incentive with recoupment.

3.  In view of the above, it is reasonable to presume the applicant had indeed completed an SLRP addendum when he enlisted and the addendum was simply incomplete through no fault of his own.

4.  Based on the foregoing, his records should be corrected to show his eligibility for the SLRP in accordance with the terms of his contract, dated 26 September 2007, and the new SLRP annex/addendum completed in 2010.

5.  Additionally, all recoupment actions regarding the SLRP should be stopped and any monies previously recouped or still owed should be refunded to the applicant and/or paid against any remaining outstanding loans according to the terms of the SLRP annex/addendum.

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 ARNG records of the individual concerned be corrected by:

	a.  showing he and all appropriate officials properly prepared/signed an SLRP addendum in a timely manner, with an SLRP BCN, in accordance with the terms of his contract, dated 26 September 2007;

	b.  cancelling any SLRP recoupment action and reimbursing him any monies previously recouped as a result of this correction; and

	c.  paying the balance of his SLRP as specified in his extension contract/
annex from 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)                                         AR20130013241



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ABCMR Record of Proceedings (cont)                                         AR20130013241



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