IN THE CASE OF:	  

		BOARD DATE:  30 January 2014

		DOCKET NUMBER:  AR20130018890 


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:

* entitlement to the Student Loan Repayment Program (SLRP) 
* his student loans be made eligible for repayment under the SLRP 
* the SLRP recoupment action be cancelled and that he be refunded any monies already recouped

2.  The applicant states he extended his enlistment for 6 years in 2006 for the SLRP.  He was told that every year on the anniversary of his extension a portion of his student loans would be paid.  Only one payment was made.  He found out that there was additional paperwork that had to be completed before he could receive additional payments.  Now the California Army National Guard (CAARNG) is recouping the payment that was made.  He tried to get the SLRP option on a second 6-year extension in 2011 and was told he could only receive the SLRP once.  He tried to take care of the problem but now the National Guard Bureau (NGB) is asking him for the paperwork from his 2006 extension.  He was in Afghanistan when he extended and has been unable to locate any of the documents the NGB requested.  He fulfilled the obligation of his 2006 extension in good faith, completed a 15-month mobilization, and spent 2 years in the Wounded Warriors program for shoulder surgeries and two years in the Operation Warrior Trainer (OWT) program.  

3.  The applicant provides:

* Federal Aid Summary, 3 June 2006
* Student loan data
* 2 enclosures to DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 27 April 2006 and  6 November 2011
* DA Form 4836, dated 6 November 2011
* Letter, dated 11 March 2013
* Email, dated 21 March 2013
* Federal loan invoice, dated 8 September 2012
* Loan details, dated 30 September 2013

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After having had previous enlisted service he enlisted in the CAARNG on 
12 October 1997.  He has served through a series of extensions and currently holds military occupational specialty (MOS) 91M (Bradley Fighting Vehicle System Maintainer), and the rank/grade of staff sergeant (SSG)/E-6.

3.  His record shows he entered active duty on 5 December 2005.

4.  His record contains a DA Form 4836 dated 27 April 2006 showing he extended his previous enlistment/extension for 6 years and his new expiration term of service (ETS) was listed as 6 November 2012.  This extension contract contains an NGB Form 600-7-3-R-E (Annex R to DD Form 4 of DA Form 4836 Reenlistment/Extension Bonus Addendum ARNG of the United States), dated 
27 April 2006, showing he would receive a $15,000.00 bonus the day after his current ETS (6 November 2006) to be paid in one lump sum.

5.  His record contains a DA Form 4836 dated 6 November 2011 showing he extended his previous extension for 6 years and his new ETS was listed as 
6 November 2018.  

6.  He was honorably released from active duty by reason of completion of required active service on 26 June 2011.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Afghanistan from 
15 March 2006 to 15 March 2007.

7.  On 26 November 2013, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch.  The advisory official recommended approval of the applicant's request and stated:

	a.  A review of the applicant's 27 April 2006 extension shows he extended his enlistment in the ARNG but his contract did not contain the SLRP option.  However, he was eligible for the SLRP option at the time his contract was executed.

	b.  The applicant was deployed overseas at the time he executed his extension and was eligible to contract for the SLRP.  However, the Incentives Task Force was unable to locate a copy of his SLRP addendum, DD Forms 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), and National Student Loan Data System (NSLDS) printouts to substantiate the SLRP payments he previously received ($2,467.50 on 11 December 2007 and $2,467.50 on 27 April 2009).  

	c.  The applicant served in good faith and was eligible for the SLRP option.  He should not be held liable for the failed management decisions regarding enlistment incentives.  It is recommended that the applicant be granted relief and that any debt incurred based on erroneous student loan payments be cancelled.

8.  The applicant replied to the advisory opinion on 5 December 2013.  He expounded on the history behind his request.  He stated, in effect, that if he did not qualify/or receive the SLRP on his 2006 extension then he should have been able to receive it when he executed his subsequent extension in 2011; however, he was told that he did not qualify for the SLRP on his 2011 extension because he had previously received this incentive on his 2006 contract.

9.  ARNG Fiscal Year (FY) 2006 Selected Reserve Incentive Program (SRIP) Policy Guidance for 27 January 2006-31 May 2006 (Policy Number 06-04), dated 
27 January 2006 states that the SLRP is available to prior service (PS) enlistees and as an extension incentive.  PS and current ARNG Soldiers with existing loans may enlist or extend for a term of service of not less than 6 years from the date of the SLRP agreement in order to establish eligibility.  The amount of SLRP will not exceed $20,000.00 with a maximum payment of 15% (percent) or $500.00 whichever is greater ($3,000.00 cap per Soldier per year).  Payment is based upon original principle and does not include interest.  Current ARNG Soldiers must also meet all of the following requirements:

		(1)  Must be MOS qualified (MOSQ) for the position for which enlisting or extending.

		(2)  Enlist or extend in a valid, vacant position, or against a projected vacancy within 101% - 125% of the unit's authorized war time strength regardless of receipt of a cash reenlistment bonus.

		(3)  Soldiers who are extending must have served the last three consecutive years in an active status in a unit of the ARNG.  Any period of inactive National Guard (ING) service constitutes a break in service.

		(4)  Has not previously received the SLRP as an enlistment, reenlistment or extension option in the Selected Reserve.  A Soldier reenlisting or extending per National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 7 will not be authorized payment on loans established after the effective date of the contract.  Any loan incurred or disbursed after the date of reenlistment or extension is not eligible for SLRP repayment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a 6-year extension of his enlistment on 27 April 2006. He was deployed to Afghanistan at the time he executed his extension and was eligible to contract for the SLRP.  Additionally, he received two SLRP payments of $2,467.50 on 11 December 2007 and $2,467.50 on 27 April 2009.  

2.  The Incentives Task Force was unable to locate a copy of his SLRP addendum, DD Forms 2475 and NSLDS printouts to substantiate these SLRP payments.

3.  It is clear that the state or the Incentives Task Force lost these documents and failed to properly file them in his military record.  If these documents had not been timely completed, properly staffed, and verified by appropriate officials the NGB would not have been able to legally issue two SLRP payments to the applicant.  Therefore, it is clear that a simple administrative error occurred which resulted in the applicant's SLRP paperwork being lost or misplaced before it could be properly filed in his military record.  The applicant served in good faith and should not be held liable for the mismanagement of his records regarding his enlistment incentive.  

4.  Based on the foregoing, his records should be corrected to show he is/was eligible for the SLRP in accordance with the terms of his extension contract and issuing him a new annex/addendum to his DA Form 4836 for the SLRP in connection with his extension in the CAARNG on 27 April 2006 that includes a completed and signed the Loan Repayment Program Addendum that clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive.

5.  Additionally, all recoupment actions should be ceased immediately and any monies previously recouped should be returned 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 that the evidence presented was 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 he is/was eligible for the SLRP in accordance with the terms of his extension contract, dated 27 April 2006 
* issuing him a reconstructed annex/addendum to his DA Form 4836, dated 27 April 2006 that includes a properly completed/signed SLRP addendum authorizing payment of the incentive
* showing all necessary documents pertaining to his receipt of SLRP were completed timely
* cancelling any SLRP recoupment action and reimbursing any monies previously recouped as a result of this correction
* 
paying him the balance of his SLRP funds as specified in his extension contract from Army National Guard 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)                                         AR20130018890





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ABCMR Record of Proceedings (cont)                                         AR20130018890



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