IN THE CASE OF

		BOARD DATE:	    11 June 2014 	

		DOCKET NUMBER:  AR20130017154 


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 records to show he is entitled to the Student Loan Repayment Program (SLRP) incentive in connection with his enlistment in the Illinois Army National Guard (ILARNG). 

2.  The applicant states his ILARNG unit recently informed him that his SLRP incentive, which was originally in his contract when he signed up for duty on 24 June 2010, was not signed properly by an officer who was the witnessing official.  A document of history stated that his SLRP was returned to state by the National Guard Bureau (NGB) with the comments "DD Form 1966 (Record of Military Processing) and DD Form 4 (Enlistment/Reenlistment Document) do not indicate SLRP offered at the time of enlistment.  The DD 1966 OIC is different from the OIC in GIMS [Guard Incentive Management System]/IMARC [Information Management and Reporting Center].  He believes his military record is in error because he was unaware that an officer may have mistakenly signed the wrong document.  He contracted to become a member of the ILARNG in large part because of the SLRP.  He has copies of his records on file.  He has not received any benefits from the SLRP, besides one year.  He believes it is unjust to take away his SLRP for a technicality that he had no control over.  If he had elected to gain the benefit of SLRP rather than a cash benefit, he would have received an Officer Accession Bonus.

3.  The applicant provides Annex L to DD Form 4 (SLRP Addendum - ARNG). 



CONSIDERATION OF EVIDENCE:

1.  On 14 June 2010, the applicant signed Annex L (SLRP) Addendum.  He indicated he was a non-prior service applicant, enlisting for a term of service of not less than 6 years in the ARNG.  He indicated he had 13 disbursed loans totaling $50,215 and that the total amount of loan repayment would not exceed $50,000.  

	a.  He signed this Addendum on 14 June 2010.  However, no witnessing officer signed it.

	b.  The Addendum contains an SLRP Bonus Control Number (S100xxxxIL). 

2.  He enlisted in the ILARNG for a period of 8 years on 30 June 2010.  Neither his DD Form 4 nor his DD Form 1966 listed any incentives with this enlistment.  

3.  He entered active duty on 25 July 2010 and completed basic combat training and Officer Candidate School (OCS).  He was honorably released from active duty on 19 January 2011.  

4.  He executed an oath of office as a U.S. Army Reserve commissioned officer on 20 January 2011.  

5.  He was discharged from his enlisted status in the ARNG on 5 April 2011. 

6.  He executed an oath of office in the ILARNG on 6 April 2011.  Subsequently, the NGB published Special Orders Number 112 AR extending him Federal recognition effective 6 April 2011.

7.  He entered active duty on 2 October 2011.  He completed the Transportation Basic Officer Leader Course.  He was honorably released from active duty on 7 February 2012.  He was promoted to first lieutenant on 6 October 2012.  

8.  An advisory opinion was received from the Office of the Deputy Chief of Staff, G-1, on 7 November 2013, in the processing of this case.  The advisory official recommended approval of the applicant's request and stated a review of the applicant's case shows he was offered and contracted for the SLRP in the amount of $50,000 based on his enlistment in the ILARNG on 24 June 2010.  He was notified by the ARNG that his SLRP Addendum was not signed by an officer who was a witnessing official and the DD Forms 1966 and 4 did not indicate the SLRP was offered at the time of his enlistment.  Because of these errors, the incentive was terminated.  He qualified to receive the incentive at the time of his enlistment.  Although his Addendum contains errors, it is clear he was offered and accepted this incentive.  The errors are not his fault.  

9.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

10.  Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.  

DISCUSSION AND CONCLUSIONS:

1.  It is unclear why the applicant executed an Addendum on 24 June 2010 but did not execute the enlistment contract until 30 June 2010.  It is equally unclear who offered the applicant the SLRP incentive since his Addendum was not signed by a witnessing official.  Yet, for unknown reasons, this Addendum contains a Bonus Control Number by the very same State that is now denying him this incentive. 

2.  Several errors were committed in processing his enlistment but none were his.  He should not be penalized due to the errors committed by enlistment/reenlistment officials, his State Incentive Manager, or the State Education Office.  He enlisted, and was later appointed, in good faith and he continues to fulfill the contractual obligations.  He is entitled to full relief. 

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

* showing he enlisted under a 6x2 contract (6 years in the Selected Reserve and 2 years in the Individual Ready Reserve) on 30 June 2010
* he and a witnessing official signed the SLRP Addendum on 30 June 2010
* the SLRP Addendum was timely received by the ILARNG Education Office and processed for payments 
* paying from Army National Guard funds any SLRP payments due 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)                                         AR20130017154





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017154



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1