IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130013920 


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 entitlement to the Student Loan Repayment Program (SLRP) in the maximum amount of $50,000.00.

2.  The applicant states:

	a.  His enlistment contract is missing an incentive addendum for the SLRP.  He signed a 6-year contract in good faith with the understanding he was eligible for the SLRP with a maximum amount of $50,000.00.  As confirmation of his benefit, the incentives personnel issued him the bonus control number (BCN) S08------TX.

	b.  When he inquired into the SLRP process, a representative from the incentives office informed him he had to be military occupational specialty (MOS) qualified in order to submit the application.  That meant he had to wait until the completion of MOS training.  On 21 April 2009, upon graduating from the MOS school, he revisited the issue of repayment.  However, at that time he was told he could not apply outside of the 90-day window of his enlistment anniversary and he agreed to wait.

	c.  In late fall 2009, when he reached the specified 90-day window, he contacted the incentives office.  He was informed he had to reenlist for an additional year to qualify for the program.  This came as a surprise, as no one had bothered to explain that the complication was related to incorrect or missing information on his contract.


	d.  In fact, he had been kept in the dark about the process until 2012, when he filed an exception to policy (ETP) request.  His request was denied due to the missing incentive addendum.

	e.  He signed his contract in good faith and, thus far, he has fulfilled his obligations.

3.  The applicant provides:

	a.  Annex X to DD Form 4 (Enlistment/Reenlistment Document) – Prior Service Enlistment Bonus Addendum – Army National Guard of the United States), dated 19 November 2008.

	b.  Memorandum issued by the National Guard Bureau (NGB), subject:  Request for ETP for SLRP (applicant's name, grade, and Social Security Number), dated 18 July 2013.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active and Reserve service in the U.S. Marine Corps in MOS 0151 (Administrative Clerk), the applicant enlisted in the Texas Army National Guard (TXARNG) on 19 November 2008 for a period of 6 years in the rank/grade of sergeant (SGT)/E-5.

2.  His record contains an Annex A to DD Form 4 (Enlistment/Reenlistment Agreement – ARNG), dated 19 November 2008, wherein he placed his initials next to the checked boxes that stated:

* enlistment/reenlistment of prior service member having no remaining statutory military service obligation…I will be required to maintain satisfactory participation in the Ready Reserve for the entire period of service stipulated…
* if I have prior military service, I understand that I may be required to attend basic training…and/or a period of full time training duty to become qualified in the MOS for which I enlisted if not already qualified
* I understand that I will undergo training in primary (PMOS) 35F (Intelligence Analyst); alternate MOS 42A (Human Resources Specialist)

3.  The applicant provides and his record contains an Annex X to DD Form 4, dated 19 November 2008, wherein he placed his initials next to the checked boxes that stated:


* I have completed not more than 16 years of total service
* I am not qualified in the PMOS in which I am enlisting, but have enlisted in a unit in the critical skill and agree to attend formal training within 24 months of my date of enlistment
* I understand my initial bonus payment will not be processed until I become duty MOS qualified
* I will receive a total bonus payment of $15,000.00, less taxes, for a 6-year enlistment in the NGB approved critical unit

4.  The applicant and the authorized service representative signed and dated this addendum on 19 November 2008 and it contains the BCN P089------TX.  Neither the addendum the applicant provided, nor the two addenda contained in his record, shows he enlisted for the SLRP.

5.  The applicant provides a memorandum from the Deputy G-1, NGB to the TXARNG State Incentive Manager, dated 18 July 2013, wherein it stated an ETP request to retain the SLRP incentive for the applicant in the amount of $20,000.00 was denied.  A review of his record and enlistment documents revealed they did not contain an incentive addendum for the SLRP and they could not substantiate the SLRP was offered [to the applicant] at the time of his enlistment.  His record showed he contracted for MOS 42A and he currently held MOS 00D (Special Duty Assignment).

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 percent 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/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.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the SLRP incentive in the maximum amount of $50,000.00.

2.  The evidence of record confirms the applicant enlisted in the TXARNG on 19 November 2008 for a period of 6 years for a specific unit, in MOS 42A, and for a prior-service bonus.  However, his record is void of an SLRP Addendum that shows he enlisted for the SLRP incentive.

3.  Notwithstanding his sincerity that he thought he enlisted for the SLRP incentive, the evidence of record does not contain, and he has not provided, an SLRP Addendum that shows the SLRP incentive was included in his TXARNG enlistment contract on 19 November 2008.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130013920



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ABCMR Record of Proceedings (cont)                                         AR20130013920



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