IN THE CASE OF:	  

		BOARD DATE:  5 November 2013

		DOCKET NUMBER:  AR20130014751 


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 an exception to policy to retain his Reenlistment/
Extension Student Loan Repayment Program (SLRP) bonus incentive (Control Number S060500051A).

2.  He states:

	a.  he feels he should keep his bonus incentive because he extended in a reenlistment/extension SLRP on 5 May 2006.

	b.  the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment, Army National Guard (ARNG) of the United States) was dated 30 March 2006 and he signed his SLRP addendum after the date he reenlisted.

	c.  he signed the SLRP contract in good faith and did not realize that having two different dates was going to be an issue.

	d.  he received $1,350.00 in June 2008, $600.00 in January 2009, and $1,950.00 in April 2009.  He has not received a payment on his SLRP contract since 2009.

	e.  he is a satisfactory drilling member of his unit and he meets the service obligations of the contract.

	f.  this error is not due to his fault and he requests this exception be granted.

3.  He provides:

* National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum), dated 5 May 2006
* DA Form 4836, dated 30 March 2006
* a self-authored memorandum to the Iowa Army National Guard (IAARNG), subject:  Request for Exception to Policy (ETP), dated 31 January 2013
* a memorandum from the IAARNG G-1 to NGB, dated 31 January 2013
* a memorandum from the IAARNG to the applicant, subject:  Notification of Incentive Discrepancy and ETP Process, dated 6 February 2013
* a memorandum from NGB to the IAARNG Incentive Manager (IM), subject:  Request for ETP for SLRP (applicant's name and last four of Social Security Number), dated 8 July 2013

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in the IAARNG in the rank/grade of captain (CPT)/O-3.

2.  After having prior service in the Regular Army and the U.S. Army Reserve, the applicant enlisted in the ARNG on 30 October 2002 for a period of 3 years.

3.  On 30 March 2006, in the rank/grade of sergeant (SGT)/E-5, he submitted a DA Form 4836 for extension of his 30 October 2002 enlistment for a period of
6 years.  He listed his current expiration of term of service (ETS) as 30 March 2007; therefore, his new ETS was established as 30 March 2013.  His DA Form 4836 indicates he understood he was eligible for a bonus.

4.  On 5 May 2006, he signed an SLRP Addendum:

	a.  He indicated he had three disbursed loans existing in the amount $10,369.84.

	b.  He acknowledged the total amount of repayment for qualifying loans would not exceed $18,000.00.

	c.  He understood that the SLRP was only authorized for one 6-year reenlistment/extension period.


	d.  He understood that if he accepted a commission as an officer or warrant officer he could retain his loan repayment option given to him as an enlisted Soldier for the remainder of this contract period.

	e.  The Government would repay a designated portion of any outstanding loan(s) that he had secured since 1 October 1975.  The loan(s) must have been made, insured, or guaranteed under Part of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans).

5.  The SLRP addendum was signed by the applicant on 5 May 2006 and signed by the Service Representative/Enlisting Official on 5 May 2006.  He was assigned an SLRP Control Number.  The contract was further verified by the State IM on 8 May 2006.

6.  On 20 August 2006, he was discharged from the IAARNG for the purpose of appointment as a commissioned officer in the ARNG effective 21 August 2006.

7.  On 31 January 2013, the applicant requested an ETP to retain his SLRP.

8.  On 31 January 2013, the IAARNG recommended approval of the applicant's request for ETP to retain his SLRP contract.

9.  In an 8 July 2013 memorandum to the IAARNG, the NGB disapproved the applicant's request for ETP to retain the SLRP bonus.  The NGB stated:

	a.  the applicant did not contract for the incentive at the time of reenlistment/
extension which is in violation of the ARNG Selected Reserve Incentive Program (SRIP).

	b.  the applicant's incentive addendum was signed after the reenlistment/
extension that violates ARNG SRIP 06-05.

	c.  the applicant's incentive was requested after the date of reenlistment/
extension that violates ARNG SRIP 06-05.

	d.  the applicant's contract indicates:

		(1)  the date of agreement as 5 May 2006

		(2)  the contracted loan addendum/agreement amount as $20,000.00

		(3)  the contracted area of concentration/military occupational specialty as 19C (Cavalry)

10.  The NGB stated he could file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still existed.

11.  In a 6 February 2013 memorandum to the applicant, the Education Services Officer, IAARNG stated:

	a.  a discrepancy had been discovered with his bonus and/or SLRP incentive contract that must be resolved to avoid eligibility termination.

	b.  the IM had taken all measures possible prior to notification; however, this office could not resolve the issue without his assistance.

	c.  the three discrepancies were listed as:

		(1)  Reenlistment/Extension Student Loan, Control Number S06050001A

		(2)  $20,000.00, possible recoupment amount

		(3)  he signed the addendum after date of enlistment, reenlistment, extension, accession, or appointment

	d.  he may be eligible for an ETP.

12.  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 Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  

13.  Army Regulation 135-7 (ARNG and U.S. Army Reserve Incentive Programs) provided that 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 military occupational specialty 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 a year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain his SLRP incentive in conjunction with his reenlistment in the IAARNG was carefully considered and found to have merit.

2.  The applicant enlisted in the ARNG on 30 October 2002.

3.  On 30 March 2006, he submitted a request for an extension of his current ETS for a period of 6 years.  In conjunction with this extension, he submitted an SLRP Addendum in good faith that authorized payment of three loans in the amount of $10,369.84 under the SLRP.

4.  Through no fault of the applicant, his SLRP addendum was not signed until 5 May 2006.

5.  An ETP was requested to retain his $20,000.00 SLRP contract; however, it was subsequently denied by NGB based upon their policy that requires the applicant to sign the SLRP addendum on the specific date of reenlistment/
extension.

6.  He states he received $1,350.00 in June 2008, $600.00 in January 2009, and $1,950.00 in April 2009 and he has not received a payment on his SLRP contract since 2009.

7.  In the interest of justice, the applicant's record should be corrected to show he signed the SLRP Addendum on the same date of his request for extension
(30 March 2006) and to pay him any remaining outstanding student loans according to the parameters of his SLRP written agreement.

8.  Therefore, his record should be corrected as recommended below.


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 Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing he and all appropriate officials signed the SLRP addendum on 
30 March 2006, the date of his reenlistment/extension;

	b.  showing he is eligible for payment of any outstanding student loans totaling $10,369.84 under the SLRP in accordance with the terms of his SLRP Addendum (Annex S); and

	c.  paying the three dispersed loans totaling 10,369.84, out of Army National Guard funds, as specified in the SLRP Addendum (Annex S).




      _______ _  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)                                         AR20130014751



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ABCMR Record of Proceedings (cont)                                         AR20130014751



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