IN THE CASE OF:	  

		BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130013773 


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, payment of his student loans under the Student Loan Repayment Program (SLRP), currently known as the Enlisted Loan Repayment Program (ELRP). 

2.  He states he is eligible for the SLRP and it should have been authorized in his initial enlistment contract.  Upon his enlistment, he was not given the opportunity to apply for the SLRP.  

3.  The applicant also states that although he lacks documentation to prove that he was never offered the SLRP at the time of his enlistment, all of his enlistment decisions were supported by the misguided advisement of his largely misinformed and inadequate recruiter.  

4.  He contends he was misled into believing he had to wait until he graduated from one-station unit training in military occupational specialty (MOS) 31B (Military Police) before he would be eligible.  He also believed that his 6-year enlistment would entitle him to both the SLRP and the Montgomery GI Bill (MGIB).  

5.  He adds that although he was never given the opportunity to accept or decline the SLRP, nor is there any evidence to show that it was offered to him, he accepts partial responsibility for the $50,000 mistake in his contract.  He intends to exhaust any and all legal means necessary to correct this injustice.

6.  The applicant provides an Enlistment/Reenlistment Agreement – Army National Guard (ARNG) (Guard Annex) and a four-page printout of his enlistment history.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the New York ARNG (NYARNG) on 21 October 2011 for a period of 6 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows in item 8c of this form, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."  He biometrically signed this section of the contract.

2.  His record contains a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) which he completed at the time of his enlistment.  Item 32a (Specific Option/Program Enlisted For) indicates he enlisted for the "ARNG Standard Training Program" which included an assignment to the 222nd Military Police Battalion, Rochester, NY, for 6 years in MOS 31B.  No other options are listed and Section VI (Remarks) does not show the applicant's entitlement to the SLRP.  He signed this form on 21 October 2011 indicating the information contained therein was true, complete, and correct to the best of his knowledge and belief. 

3.  The Guard Annex, as provided by the applicant, shows on page 2 that he enlisted under the "S" Program (Standard Training) for training in MOS 31B.  Section VII (Addendums) states, "The following addendum's have been attached and are part of my enlistment agreement:  Montgomery GI Bill."  There are no other addendums or options listed.  Section VIII (Statement of Acknowledgement and Understanding) indicates:

* he read and understood the statements listed in this annex
* these statements were intended to constitute ALL promises and guarantees concerning his enlistment
* no other (verbal or otherwise) promise or representation not annexed to his enlistment contract is valid or will be honored
* he has NOT been promised anything other than what was written on this form and waived any claim based upon any promise or representation not annexed to his contract
* he had provided his recruiter and guidance counselor all information concerning his qualifications
* the applicant signed this section of the form on 21 October 2011

4.  His record contains a DA Form 5435 (Statement of Understanding – The Selected Reserve MGIB) that he signed on 21 October 2011.   

5.  An advisory opinion was obtained from the Enlisted Accessions Division, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G1.  The official states that at the time the applicant enlisted, MOS 31B was not a critical skill for the NYARNG.  Therefore, he was not eligible to receive and was not offered the SLRP.  Other than the applicant's statement in his Army Board for Correction of Military Records packet, there is no documentation to prove the applicant was misled by his recruiter.  The official recommended denial of the applicant's request.

6.  The opinion was provided to the applicant.  He responded by indicating:

* it was not explained to him that MOS 31B was not a critical skill at the time of his enlistment
* he was told that he would be able to receive both the MGIB and the SLRP due to the fact he was still enrolled in college
* he has maintained a 3.7 grade point average or higher during his entire collegiate career
* he graduated as the Distinguished Honor Graduate during his MOS training among other notable accomplishments
* he does not feel he deserves anything beyond what any other Soldier deserves; however, he does believe he is much more diligent and driven than the average Soldier 
* he believes at the very least, he is entitled to what every enlisted Soldier is eligible to receive; i.e., the SLRP
* if the advisory opinion is unwilling to grant him the SLRP and save themselves up to $50,000, then he is willing to have his contract cut down to only 3 years
* by cutting his contract to 3 years, the military could save their money by not paying him any tuition benefits as well as the extra 3 years of drill pay and possibly even deployment pay

7.  National Guard Bureau memorandum, subject:  All States Log Number P-11-0009) Army National Guard (ARNG) Selected Reserve Incentives Program (SRIP) for Fiscal Year 2011 (ARNG SRIP FY 2011 (11-01), dated 25 July 2011, prescribes policy, eligibility criteria, procedures, and standards for administering the SRIP for fiscal year 2011.  

     a.  The specific criteria for the SLRP states in order to be eligible to receive this incentive, applicants must enlist, reenlist or extend in a critical skill and remain in an authorized position for their entire service obligation.  (Emphasis added.)  

     b.  At the time of enlistment, two printouts from the Department of Education's National Student Loan Data System website must be scanned together with the DD Form 4, and uploaded into the Guidance Counselor Resource Center and iPERMS as a packet.  

	c.  The Enlisted Critical Skill List, dated June 2011, does not include MOS 31B for the NYARNG at the time of his enlistment. 

8.  A review of his enlistment packet in the Interactive Personnel Electronic Records Management System (iPERMS) failed to show a SLRP Addendum was prepared or that he was promised this incentive.  His enlistment contract is also void of any printouts from the Department of Education, National Student Loan Data System website.   

9.  National Guard Bureau Form 600-7-5-R-E (Annex L to DD Form 4 (ELRP Addendum - Army National Guard of the United States)) is used to confirm the requirements of obligation and participation requirements for enlistment under the ELRP (SLRP).  This form shows in Section VI (Statement of Understanding), non-prior service applicants will furnish the MEPS counselor with a copy of all promissory notes and proof of disbursement upon enlistment. 

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), Chapter 6 - Military Entrance Processing Station (MEPS) Processing Phase - provides policy and guidance for those functions that are administered at the MEPS for personnel and guidance counselors to confirm that they accomplish all procedures in the enlistment process by making the appropriate entries in the DD Form 1966 series.  

     a.  The guidance counselor "counsels applicants who failed to meet specific qualifications for options for which they applied; advises them of other available options."  This includes a statement regarding the applicant’s eligibility for the SLRP, which is to include any factors that may disqualify them from receiving SLRP benefits, and ensuring that the applicant’s acknowledgement of this fact is also recorded in the remarks section of the appropriate form of the DD Form 1966 series.

     b.  The applicable subparagraphs, which were then in effect, state that guidance counselors will complete the required entries on the DD Form 1966; and if enlisting for the SLRP, advise the applicant if any loan is not eligible and have the applicant acknowledge same in the remarks section of the DD Form 1966-series.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains a valid enlistment contract that includes a 
DD Form 4, DD Form 1966 series, DA Form 5435, and a Guard Annex.  A review of these documents failed to show that he enlisted for or was promised the SLRP incentive in any of the required forms.  The only enlistment options that are included in his enlistment packet are the Standard Enlistment Option and the Selected Reserve MGIB. 

2.  The evidence further shows the applicant was appropriately guided through the signing or initialing of the required forms acknowledging the Army's and his responsibilities with regard to his other enlistment options/incentives/obligations.  After counseling is given, the applicant was required to acknowledge he/she was counseled and it became a matter of record on the DD Form 1966 series.  

3.  The advisory opinion official states and ARNG SRIP FY 2011 (11-01), dated 25 July 2011, shows that MOS 31B was not on the critical skill list for the NYARNG at the time of his enlistment.  As such, he was not eligible to receive the SLRP.    

4.  In view of the foregoing, there appears to be no error or injustice.  Therefore, he is not entitled to the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20130013773



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ABCMR Record of Proceedings (cont)                                         AR20130013773



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