BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20140000874 


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 payment of her loans as part of her enlistment in the Virginia Army National Guard (VAARNG) under the Student Loan Repayment Program (SLRP).

2.  The applicant states, in effect, when she enlisted she signed two contracts.  The first contract was for 1 year because she was put into the Recruit Force Pool (RFP).  Upon signing this first contract, she also signed all of her incentives to include the Enlistment Bonus (EB), the Montgomery GI Bill (MGIB), the GI Bill Kicker, and the SLRP.  Her recruiter told her the contract involved an issue and she would need to return to sign a new contract.  When she returned to the Military Entrance Processing Station (MEPS), she signed the contract again but none of the incentives.  She still has everything that was initially in her contract except the SLRP.  If her incentives had to be re-signed she was not aware; therefore, her SLRP should be approved. 

3.  The applicant provides:

* A request for an exception to policy
* Denial memorandum from the National Guard Bureau (NGB)
* DD Form 4 (Enlistment/Reenlistment Document), dated 10 August 2009
* NGB Form 22B (ARNG RFP Report)
* DD Form 4, dated 22 February 2010
* DA Form 5435 (Statement of Understanding - The Selected Reserve MGIB), dated 10 August 2009
* MGIB-K (ARNG - MGIB Selected Reserve Kicker Incentive Addendum), dated 2 June 2010
* NGB Form 600-7-5-R-E (Annex L to DD Form 4, Enlisted Loan Repayment Program Addendum - ARNG), dated 2 June 2010
* Student Loan printout, dated 10 August 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the VAARNG under the RFP enlistment option for 1 year on 10 August 2009.  The RFP is an ARNG enlistment option.

	a.  Applicants who are eligible for enlistment but cannot ship to their initial active duty for training (IADT) for more than 120 days after becoming eligible to enlist in the ARNG will contract in the Inactive National Guard (ING) and are assigned to the RFP of the Recruiting and Retention Command.  

	b.  Applicants enlisting in the RFP will enlist for a 1-year (1x0) enlistment contract that is accomplished in two phases.  Phase I is inactive and Phase II is active.  Applicants enlist in the active ARNG 120 days prior to entry into IADT.

2.  In connection with this enlistment, the applicant completed a DA Form 5435, on 10 August 2009, that outlined her obligation and eligibility requirements for entitlement under the Selected Reserve MGIB. 

3.  The applicant's NGB Form 22B shows she remained in the RFP from 10 August 2009 through 21 February 2010, a period of 6 months and 12 days that would be applied to her 8-year military service obligation.  She was released from the RFP for enlistment in the Selected Reserve.

4.  Her records also show she enlisted in the active VAARNG for a period of 7 years and 21 weeks on 22 February 2010.  She enlisted for military occupational specialty (MOS) 88M (Motor Transport Operator) and assignment to the 1173rd Transportation Company.  She agreed to remain in the ARNG as a satisfactory participant for 6 years. 

5.  On 2 June 2010, she executed two Addenda:

	a.  The MGIB Selected Reserve Kicker Incentive Addendum, which explained her obligation and eligibility requirements for entitlement under the MGIB Selected Reserve Kicker Incentive.  This Addendum was assigned Bonus Control Number K1006XXXXVA.  The applicant and a service representative authenticated this Addendum with their signatures.

	b.  The Enlisted Loan Repayment Program Addendum indicated that she had 5 disbursed loans existing in the amount of $25,000 and that the total amount of repayment for qualifying loans would not exceed $50,000.  She attached a Student Loan printout, and she and a service representative authenticated this Addendum with their signatures.  This Addendum was assigned Bonus Control Number S1006XXXVA. 

6.  She entered IADT on 1 June 2011 and completed the required training and was awarded MOS 88M.  She was honorably released from active duty on 
12 August 2011 to the control of the ARNG.  

7.  On 27 November 2012, she submitted an exception to policy request regarding the student loan enlistment option.  She stated when she enlisted she signed two contracts.  The first contract was for 1 year because she was put into the RFP.  Upon signing this first contract, she also signed all her incentives to include the EB, MGIB, GI Bill Kicker, and the SLRP.  Her recruiter told her the contract had an issue and that she would need to return to sign a new contract. When she returned to the MEPS, she signed the contract again but none of the incentives.  She still has everything that was initially in her contract except the SLRP.  

8.  On 6 May 2013, the NGB denied her request for an exception to policy.  An NGB official stated that her ETP to retain the $50,000 is disapproved for three reasons and that the State Incentives Manager would terminate the incentive with recoupment.  First, the applicant's incentive addendum is unauthorized which violates the ARNG Chaplain, Health Professional, and Loan Repayment Program (CHELRP) for Fiscal Year (FY) 2009.  Second, the applicant's incentive addendum was signed after her enlistment date which also violates the ARNG CHELRP FY 2009.  Third, the applicant's Bonus Control Number was requested after the date of enlistment which also violates the ARNG CHELRP FY 2009.  Finally, a review of the enlistment document does not support this incentive being offered at the time of her enlistment. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an initial 1-year enlistment in the VAARNG under the RFP enlistment option.  She signed a Selected Reserve MGIB Addendum in connection with this enlistment.  She returned to the MEPS on 22 February 2010 and executed an enlistment contract in the VAARNG for a period of 7 years and 21 weeks.  She enlisted for MOS 88M and assignment to the 1173rd Transportation Company.  She agreed to remain in the ARNG as a satisfactory participant for 6 years. 

2.  She returned to the MEPS again on 2 June 2010 and she executed two Addenda:  The MGIB Selected Reserve Kicker Incentive Addendum and the Enlisted Loan Repayment Program Addendum.  Both were signed by her and her recruiter and both were issued Bonus Control Numbers by the State Incentives Manager and/or the NGB.  She submitted her loan documents at that time.

3.  She enlisted in good faith, followed the instructions of the subject matter experts that enlisted her, signed the addenda that she was told to sign, and she was issued Bonus Control Numbers.  She completed training in the MOS she contracted for and she continues to satisfy the contractual obligations she contracted for.  

4.  It is clear that administrative errors were committed in the processing of her enlistment.  It is equally clear as a result of this improper guidance she is being denied a hard-earned incentive.  She should not be penalized for an action that was not her fault.  Therefore, as a matter of equity, she should receive full administrative relief for all payment of her authorized loans in accordance with SLRP regulatory guidance. 

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:

* amending the MGIB Selected Reserve Kicker Incentive Addendum and the Enlisted Loan Repayment Program Addendum to show they were both executed on 22 February 2010
* showing she provided the State Incentive Manager a copy of all promissory notes and proof of disbursement upon her enlistment
* paying all her authorized loans in accordance with her contract subject to the threshold amount listed on this contract out of ARNG 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)                                         AR20140000874



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ABCMR Record of Proceedings (cont)                                         AR20140000874



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