IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130016088 


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 his Student Loan Repayment Program (SLRP) based on his 6-year extension in the Oklahoma Army National Guard (OKARNG) on 
22 May 2006 not be recouped.

2.  The applicant states:

	a.  When he extended his contract in the OKARNG in 2006, he applied for the SLRP as part of his extension.  There were two copies of the SLRP form, dated 22 May 2006.  He has one copy and the other copy was given to the retention noncommissioned officer who should have gotten it signed by a major.  He has the signed copy of all forms related to his 6-year extension except for the SLRP form.

	b.  After receiving notification of incentive eligibility termination in May 2013, he contacted the OKARNG State Incentive Manager.  He was told that during the time frame his SLRP forms would have been submitted to the Incentive Branch, it was not uncommon for paperwork to be lost due to the extensive preparation for the upcoming OKARNG deployment to Iraq in 2007/2008.

	c.  An official of the OKARNG Inspector General's office told him the SLRP was requested 4 months after the extension paperwork was signed.  He signed all the paperwork regarding his extension on 22 May 2006 which is almost 4 months prior to the date of his actual expiration term of service date of 
25 September 2006.

	d.  He fulfilled all of his obligations.  After extending his contract, he deployed to Iraq and Afghanistan.  He did his job for the OKARNG and he did it well.  He fails to see how the fact that the SLRP forms were apparently completed and turned in as required, then lost or misplaced by the OKARNG, is his fault.     

	e.  The issue at hand is that someone, somewhere, activated an SLRP account on his behalf and the Incentives Branch made payments on his student loans over a period of years based on information they have in their computers showing he was eligible for the SLRP.  It is a reasonable assumption that he was eligible for the SLRP as part of his 6-year extension and the Incentives Branch, at some point, had all necessary forms for the SLRP, including the SLRP contract.

	f.  He completed all forms presented to him as part of his extension in good faith that the OKARNG would follow through with their commitments to him, but now they are stating that the student loans paid through the SLRP are subject to recoupment due to their not having a signed copy of the SLRP contract.  Everything was apparently fine while he was still in the OKARNG.   

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 May 2012
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Discharge orders, dated 3 October 2012
* Notification of Incentive Eligibility Termination
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) 

CONSIDERATION OF EVIDENCE:

1.  On 26 September 2000, the applicant enlisted in the OKARNG for a period of 8 years.  On 22 May 2006, he extended his enlistment for a period of 6 years.  His NGB Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum), dated 
9 June 2006, shows he reenlisted/extended for a reenlistment bonus in the amount of $15,000.00.

2.  The available records are void of an SLRP contract/addendum.

3.  He attained the rank of staff sergeant on 23 November 2010.  He was ordered to active duty on 27 March 2011 in support of Operation Enduring Freedom.  He served as a motor transport operator in Afghanistan from 20 June 2011 to 
12 March 2012.  
4.  The applicant provides a memorandum, dated 3 May 2012, which shows the OKARNG State Incentives Manager notified him that his SLRP incentive eligibility was terminated because there was "no SLRP contract."  The memorandum states that payments were made on his student loans and the recoupment amount was listed as $4,513.14.

5.  On 19 May 2012, he was released from active duty.   

6.  On 25 September 2012, he was honorably discharged from the OKARNG.

7.  In the processing of this case, a staff advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official recommends the applicant be granted full administrative relief and that no portions of his SLRP already paid for his extension in the OKARNG be recouped.  The opinion points out:

	a.  A review of the applicant's case shows he was offered and contracted for an extension bonus on 22 May 2006 with an extension contract start date of 
26 September 2006.  At this time he also contracted for the SLRP.  A bonus control number (BCN) was requested/approved and a total payment of $9,954.21 was applied to his student loans.

	b.  Following his transition from the ARNG, he received notification of incentive eligibility termination in May 2013 because his SLRP addendum could not be found in his records.  

	c.  The applicant performed the duty for the correct term and was otherwise qualified for this incentive.

8.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be allowed to retain the SLRP offered to him, in 2006, at the time of his 6-year extension in the OKARNG.

2.  His SLRP incentive was terminated in 2013 because his SLRP addendum could not be found.  


3.  The available evidence confirms, on 22 May 2006, he extended his enlistment for 6 years in the OKARNG.  The advisory official states at that time the applicant also contracted for the SLRP, a BCN was requested/approved, and a total payment of $9,954.21 was applied to his student loans.  

4.  The evidence also shows he fulfilled the requirements of his 6-year extension, did absolutely nothing wrong, deployed to Afghanistan, and upheld his end of the bargain.  

5.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct his military records by cancelling the recoupment action.  

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 showing he and all appropriate officials timely and properly completed an SLRP addendum, the addendum was properly filed with the OKARNG, and cancelling any recoupment action as a result of this correction.



      _______ _   _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)                                         AR20130016088



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ABCMR Record of Proceedings (cont)                                         AR20130016088



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