IN THE CASE OF:	  

		BOARD DATE:	11 February 2014

		DOCKET NUMBER:  AR20130017621 


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, in effect, correction of his record to show his Student Loan Repayment Program (SLRP) Addendum was completed on the date of his enlistment.  

2.  The applicant states he enlisted in the North Dakota Army National Guard (NDARNG) on 28 December 2007, and at that time he was eligible for the SLRP. Prior to departing the Military Entrance Processing Station (MEPS) in January 2008 for basic training, MEPS directed him to sign a National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 - SLRP Addendum, Army National Guard of the United States), backdated to read 28 December 2007.  

3.  He received installments of his SLRP until recently when he was notified by letter that his SLRP was not valid because it was not signed on the same day of his enlistment.  The paperwork error in his records is unjust and has put a financial strain on him and his family.

4.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 28 December 2007
* NGB Form 600-7-5-R-E, dated 28 December 2007


* DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 28 December 2007
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 - Non-Prior Service Enlistment Bonus Addendum, Army National Guard of the United States), dated 28 December 2007
* DA Form 4187 (Personnel Action), dated 23 January 2008
* memorandum from the applicant's recruiter, dated 11 March 2012
* memorandum from the Director of Personnel, NDARNG, dated 29 October 2013

CONSIDERATION OF EVIDENCE:

1.  His DD Form 4 shows he enlisted in the NDARNG on 28 December 2007 for a 6-year term of service.  Section B (Agreements), item 8 shows the entry "AEK," indicating there were three annexes to the DD Form 4.

2.  Section III - Entitlement and Payments of the applicant's Guard Annex L to 
DD Form 4 - SLRP Addendum indicates that he qualified for the SLRP in the amount of $20,000.  The portion that may be paid annually on any qualifying loan(s) would not exceed 15 percent (not to exceed $3,000 per year) of the total of all loans or $500, whichever is greater.  Payment will be processed on the anniversary date of enlistment for each satisfactory year of service.  Section VII - Authentication shows he signed and dated the document on 28 December 2007.  The document contains Control Number: 808010004ND with the processing date of 21 February 2008. 

3.  A DA Form 4187, dated 23 January 2008, from the MEPS, Fargo, ND, requested correction of the applicant's enlistment packet.  The official stated, "ADD ANNEX S.[sic] STUDENT LOAN REPAYMENT PROGRAM."  The official indicated that the applicant enlisted with an option and promissory notes were in the enlistment packet, but the annex was not annotated on the enlistment contract. 

4.  On 29 October 2013, the NDARNG, Director of Personnel submitted a memorandum to the Army Board for Correction of Military Records (ABCMR).  The Director of Personnel recommended that the applicant's SLRP contract be corrected to allow him to maintain SLRP incentive.  His initial contract mistakenly did not contain Annex L.  On 23 January 2008, the omission was discovered and a DA Form 4187 was completed as a contract correction.  On 12 February 2008, the applicant was instructed to sign and date an Annex L dated the same as his enlistment contract.  The applicant was paid four installments of the SLRP until the error was discovered in 2013.  There were numerous mistakes made by agents acting on behalf of the government and the Soldier should not be penalized.

5.  In the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The Chief, Personnel Policy Division, NGB recommended approval of administrative relief by correcting the applicant's enlistment contract by adding Annex L to the list of annexes and paying the SLRP benefits based on the terms stated in his contract.  The Chief, Personnel Policy Division stated that not completing the SLRP addendum on the same day as his enlistment was caused by the MEPS.  He has met all the terms of his contract and has maintained eligibility for the SLRP benefits based on the terms of the contract.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond.

6.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) prescribes policies and procedures for the administration of the ARNG of the United States incentive programs and is used for the SRIP, which includes enlistment bonus, reenlistment/extension bonus, affiliation bonus, SLRP, and the civilian acquired skills program (CASP).  Paragraph 1-13c (Required Documents) states all required addenda will be completed at time of enlistment/reenlistment or extension.  An addendum cannot be completed after the fact in order to gain eligibility for an incentive or the SLRP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show his SLRP Addendum was completed on the date of his enlistment was carefully considered.

2.  An advisory opinion from the NGB recommended relief on the basis he was eligible for the SLRP upon enlistment on 28 December 2007.  

3.  The applicant was eligible for the SLRP at the time of his enlistment.  Due to no fault of his own, the North Dakota MEPS mishandled the SLRP.  The NGB supports relief.  Therefore, the applicant's records should be corrected to show the SLRP addendum was properly prepared and signed by all appropriate officials on 28 December 2007, the date of the applicant’s enlistment, and that the SLRP be paid in accordance with the addendum.  





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

* showing a SLRP addendum for $20,000 was properly prepared and signed by all appropriate officials at the time of the applicant’s enlistment
* paying the SLRP, out of Army National Guard funds, in accordance with the addendum




      _______ _   _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)                                         AR20130017621





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ABCMR Record of Proceedings (cont)                                         AR20130017621



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