BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130015606 


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 his entitlement to the Student Loan Repayment Program (SLRP).  He further requests relief of his debt to the Texas Army National Guard (TXARNG) for initial SLRP payments.

2.  The applicant states the TXARNG and the National Guard Bureau (NGB) denied his SLRP and required him to repay all prior payments.

	a.  He enlisted in the Oklahoma Army National Guard (OKARNG) on 9 September 2007 and was offered a $20,000.00 enlistment bonus and up to $20,000.00 in SLRP.  He verified that his military occupational specialty 15U (CH-47 Helicopter Repairer) qualified for both bonuses.  The terms agreed to upon enlistment were that he would receive both.  He received the first installment of the $20,000.00 bonus in his first year of enlistment and in 2009 he received the first two SLRP payments.  The repayment was granted and payment was received.

	b.  On 27 September 2009, he contracted as a commissioned officer, voiding the remainder of the $20,000.00 enlistment bonus.  He was given the option of retaining his SLRP or receiving a $10,000.00 Federal commissioning bonus.  He chose to retain the SLRP and filed again in 2010.  That same year he chose to drill closer to his home of record and began a transfer to the TXARNG.  He would submit his SLRP repayment through the TXARNG.  After his transfer to the TXARNG, he was told the SLRP was not in his contract.  Even with proof of a bonus control number from the OKARNG, they could not repay the student loan.

	c.  In August 2012, he was at the point where all other measures were exhausted and he decided to request an exception to policy (ETP) from NGB.  In February 2013, he started the student loan process with the State Incentives Office, hoping the ETP would be approved.  In May 2013, he received the NGB denial stating he owed the ARNG the money paid toward his student loan.  He is now responsible for the unexpected burden of repaying his student loan and refunding that portion paid on his behalf by the ARNG.

	d.  He believes the records to be incorrect.  The SLRP was processed twice by the OKARNG and he was told the SLRP would not be processed unless seen in a contract.  He was unaware that the initial-entry contract did not include the SLRP addendum.  The entitlement upon his enlistment was a major reason he enlisted.  Prior to signing the contract, he specifically asked if the SLRP was in his contract and the staff sergeant processing the contract stated, "yes."  In 2012, he worked with the Texas Incentives Office to find a solution or to locate his original contract to have the SLRP processed.  He has exhausted all avenues, from emailing and calling the OKARNG to working with the State of Texas.  The question was even asked of the OKARNG Incentives Office if they processed SLRP's without proof of a contract.  They said no.  He is currently paying the student loan which was deferred until May 2013.  If this was brought to light years ago, he would not be taking on an unforeseen hardship and could have been paying against the loan for 6 years.  He also could have taken the $10,000.00 commissioning bonus.  On top of that, he would not have had to pay $1,000.00 in taxes for what was paid by the ARNG.

	e.  In summary, he was told the SLRP was in his contract.  Two payments were made on his behalf.  He paid taxes on those payments.  He declined a $10,000.00 commissioning bonus in order to retain the SLRP.  He had to take on the financial responsibility to repay the loan and now he is required to reimburse the ARNG for the SLRP payments previously made.

3.  The applicant provides:

* Federal Family Education Loan Program Federal Consolidation Loan Application and Promissory Note, dated 10 May 2006
* Sallie Mae Loan Consolidation Disclosure Statement and Repayment Schedule, dated 15 May 2006
* email between the applicant and the OKARNG in 2009
* DD Form 2475 (Department of Defense Educational Loan Repayment Program Annual Application) dated 4 August 2011
* email between the applicant and the TXARNG between 2011-2013
* memorandum from NGB, dated 27 March 2013, subject:  Request for ETP for SLRP (Applicant)
* memorandum from the TXARNG, dated 30 April 2013, subject:  Notification of ETP Result
* memorandum from the TXARNG, dated 30 April 2013, subject:  Notice of Incentive Eligibility Termination
* ARNG Information Management Reporting Center (iMARC) Soldier Information printout

CONSIDERATION OF EVIDENCE:

1.  The applicant is serving as a first lieutenant in the TXARNG.

2.  On 7 September 2007, the applicant enlisted in the OKARNG in the rank of specialist/pay grade E-4.  He agreed to serve 6 years in the ARNG and 2 years in the Individual Ready Reserve, or to voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit.  He also completed Annex E (Non-Prior Service Enlistment Bonus Addendum) to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) wherein he was to receive a $20,000.00 enlistment bonus payable in two equal payments, the first upon completion of his initial active duty training and the remainder after completing 36 months of his enlistment.

3.  A Sallie Mae Loan Consolidation Disclosure Statement and Repayment Schedule, dated 15 May 2006, indicates the guarantor of the applicant's consolidated loan was the Oklahoma Guaranteed Student Loan Program.  The loan was in the amount of $16,392.07.

4.  The applicant's DD Form 2475, dated 4 August 2011, shows he had one loan and the original disbursement was on 17 May 2006 in the amount of $16,392.07.

5.  An ARNG iMARC Soldier Information printout shows the applicant was issued control number S070900010K with an entitlement date of 7 September 2007 for a non-prior service student loan with a contract limit of $20,000.00.  There is no available addendum in the available military records concerning the SLRP.

6.  A memorandum from the ARNG Deputy G-1 to the TXARNG, dated 27 March 2013, states the applicant's request for an ETP for the SLRP was denied because the $20,000.00 SLRP incentive addendum could not be found.  Even though a control number had been approved on the date of his enlistment, NGB did not have the authority to approve the ETP without having the SLRP addendum for verification.  A review of the applicant's available enlistment documents did not substantiate that he had been offered an SLRP at the time of his enlistment.  The applicant was informed that the State Incentives Manager would terminate the SLRP with recoupment.

7.  On 30 April 2013, the applicant was advised by the Texas State Incentives Manager that the previous SLRP payments in the amount of $4,917.62 would be recouped because no SLRP addendum could be found.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his entitlement to the SLRP.  He further contends he should receive relief from his debt to the TXARNG for the initial SLRP payments.

2.  The available evidence clearly shows the applicant had a qualifying student loan and a control number was issued in connection with a student loan with a limit of $20,000.00.  Furthermore, the evidence shows the TXARNG has taken steps to recoup payments made toward such a student loan.

3.  In view of the above, it is reasonable to presume the applicant had indeed completed an SLRP addendum when he enlisted.  There is no evidence showing he was at fault for this missing document.

4.  Based on the foregoing, his records should be corrected to show his eligibility for the SLRP in accordance with the terms of his enlistment contract, dated 7 September 2007, and issuing him a new annex/addendum to his contract for the SLRP that includes a completed and signed addendum.

5.  Additionally, all recoupment actions with regard to the SLRP should be stopped and any monies previously recouped should be refunded to the applicant.

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.  issuing him a reconstructed annex/addendum to his enlistment contract dated 7 September 2007 that includes a properly completed and signed SLRP addendum authorizing payment of the incentive;

	b.  showing he is eligible for the SLRP in accordance with the terms of his extension contract, dated 7 September 2007 as a result of the above correction;

	c.  showing all necessary documents pertaining to his receipt of SLRP were completed timely;

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

	e.  paying the balance of his SLRP funds 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)                                         AR20130015606



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ABCMR Record of Proceedings (cont)                                         AR20130015606



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