IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140000796 


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 terminate the recoupment of his Student Loan Repayment Program (SLRP) incentive.  He further requests reimbursement of all payments previously collected.

2.  The applicant states:

   a.  his recruiter offered him a $20,000.00 SLRP incentive upon his enlistment in the Maryland Army National Guard (MDARNG) in 2005;
   
   b.  after providing all required documents, his SLRP incentive was honored and paid over the course of his enlistment;
   
   c.  upon completion of his initial enlistment, he extended an additional 2 years and transferred to the North Carolina Army National Guard (NCARNG), where after a year of service he decided to make his service in the Army a career and enlisted in the Regular Army;
   
   d.  while reviewing his record he discovered he was still owed a few SLRP payments and submitted an exception to policy (ETP) request to receive the remaining portion of his incentive;
   
   e.  he was informed his ETP request was denied because his SLRP addendum was missing signatures and recoupment action had already begun at $1800.00 a month, the result of which is creating an extreme hardship on his family and himself;
   f.  he was not afforded proper due process or notification of this discrepancy in order to immediately address and rectify the problem;
   
   g.  MDARNG and SLRP representatives have offered to provide him any necessary signatures and have indicated the signatures were not standard or required at the time of his enlistments; and
   
   h.  the inconstancy between the Army's records and his own personal records was caused by gross negligence at the Military Entrance Processing Station, his recruiter, or due to clerical errors that were no fault of his own.

3.  The applicant provides copies of:

* self-authored statement
* DD Form 4 (Enlistment/Reenlistment Document)
* National Guard Bureau (NGB) Form 600-T-5-R-E (Annex L to DD Form 4 - SLRP Addendum Army National Guard of the United States) (4 pages)

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.  The applicant enlisted in the MDARNG on 26 September 2005, for a period of eight years.  His official military personnel file does not include an SLRP addendum; however, he provides Annex L to the DD Form 4, which shows he contracted for a $20,000.00 incentive under the SLRP but only includes his signature.

3.  He continuously served in the ARNG and the Regular Army through several enlistment periods or extensions.  He last enlisted in the Regular Army on          14 June 2012 for 5 years and continues to serve in that capacity in the rank of sergeant.

4.  In processing this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, dated 15 August 2014. It stated that the applicant requested termination of recoupment regarding his SLRP for the amount of $20,000 and reimbursement for the amount previously collected.

	a.  The applicant enlisted in the MDARNG on 26 September 2005 and was offered an SLRP incentive of up to $20,000 to pay back his student loans.

   b.  As a result of providing all of the required documents and following the normal due process, payments were made on the applicant's loans.  After fulfilling his original enlistment, he transferred from the MDARNG to the NCARNG.
   
   c.  After a year in the NCARNG, he enlisted in the Regular Army, where during a records review he contended he was still owed additional SLRP payments.  He submitted an ETP request to resolve the issue and was informed because his addendum was missing signatures, recoupment action had already started.

	d.  In accordance Army Regulation 135-7, section 5-1 and Army Regulation 135-91, a person must contractually obligate himself or herself to serve satisfactorily to be eligible for the SLRP incentive.  A person must serve in the Selected Reserves for the full term of the contractual agreement.  He or she must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.

   e.  During the applicant's enlistment, SLRP payments toward his student loan were continuously paid and honored.  It was not until he addressed additional payments being owed to him from the ARNG that recoupment became an issue. As a result, he should not be penalized due to administrative errors.  It was recommended that his request be approved.
   
5.  On 15 August 2014, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond.  No response was received.

6.  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.  The applicant contends his military records should be corrected to terminate the recoupment of his SLRP incentive and reimburse him all payments previously collected.  There is sufficient evidence to support this claim.

2.  Evidence shows he completed an SLRP addendum and SLRP payments were made.  It was only after he sought the unpaid portion of his SLRP incentive that he was informed his SLRP addendum had missing signatures and recoupment action was started.  He should not be penalized or endure any undue hardship caused by administrative error.

3.  The applicant enlisted in good faith.  He fulfilled the requirements of the contractual obligation under which he was authorized the SLRP incentive and continues to serve in the Regular Army.  He was made a written promise by his recruiter.  He should not be penalized for errors committed by his recruiter or State officials.  As a matter of equity, his record should be corrected to show he executed the SLRP annex on the same date he enlisted and the recouped amount should be reimbursed to him.

4.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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:

   a.  amending Annex L of his DD Form 4, dated 26 September 2005, to show it contained all appropriate signatures and was signed on 26 September 2005; and
   
   b.  paying him, from Army National Guard funds, the recouped amount of his Student Loan Repayment Program incentive and any additional unpaid portion of this incentive not to exceed $20,000.00 or the total amount of his existing loans for which this incentive was authorized.




      ____________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)                                         AR20140000796





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ABCMR Record of Proceedings (cont)                                         AR20140000796



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