IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20140001460 


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 record to show he is eligible to participate in the Student Loan Repayment Program (SLRP) in accordance with the terms of his enlistment in the Delaware Army National Guard (DEARNG) and payment of his education loans accordingly.

2.  The applicant states:

   a.  at the time of his enlistment he was under the impression that he would be receiving student loan repayment of his eight federal loans for a total of $16,250.
   
   b.  when first discussing enlisting in the DEARNG his recruiter told him he would be eligible for the SLRP if he enlisted in military occupational specialty (MOS) 31B (Military Police).
   
   c.  when he was at the Military Entrance Processing Station (MEPS), he spoke with another senior noncommissioned officer (NCO) who also told him that he would be eligible for the SLRP if he enlisted as a 31B.
   
   d.  approximately 2 years later, while deployed to Afghanistan, he was informed that he was not eligible for the SLRP.  His unit readiness NCO contacted the NCO with whom the applicant had spoken at the MEPS, and the NCO denied ever telling the applicant that he would be eligible for the SLRP.
   
   
   e.  when reviewing his DD Form 1966 (Record of Military Processing -  Armed Forces of the United States) he found "free form" text added to Section VI (Remarks) that reads, "'STUDENT LOAN REPAYMENT PROGRAM APPLICANT' (SLRP)."
   
   f.  he was unaware that he was ineligible for the SLRP based upon his enlistment as a 31B.

3.  The applicant provides a:

* DD Form 1966
* Memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the DEARNG on 9 December 2010.

2.  His record contains, and he also provides, a DD Form 1966 that was rendered on the date of his enlistment which shows in:

	a.  item 18 (Accession Data), that he enlisted for MOS 31B.

	b.  item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees)

		(1)  item 32a (Specific Option/Program Enlisted for (Completed by Guidance Counselor, MEPS Liaison NCO, etc., as specified by sponsoring service.)), no indication that he was offered the SLRP.

		(2)  item 32b (I fully understand that I will not be guaranteed any specific military skill or assignment to a geographic area except as shown in item 32a above and annexes attached to my Enlistment/Reenlistment Document (DD Form 4)), contains the applicant's handwritten initials.

	c.  Section VI, the typewritten entry  "'STUDENT LOAN REPAYMENT PROGRAM APPLICANT' (SLRP)."

3.  He entered active duty for training (ADT) on 26 July 2011 and completed required training for military occupational specialty 31B.  He was honorably released from ADT on 15 December 2011.

4.  He was ordered to active duty in support of Operation Enduring Freedom on 2 January 2013 and subsequently served in Afghanistan from 12 February to 18 September 2013.  He was honorably released from active duty on 28 October 2013. 

5.  On an undisclosed date, the applicant submitted an exception to policy (ETP) to the National Guard Bureau (NGB) regarding payment of his loans which was subsequently denied.  Neither of these documents is contained in his record.

6.  He provides a memorandum rendered by Deputy Chief of Staff, Personnel (DCSPER), State of Delaware National Guard, Joint Force Headquarters, Wilmington, DE, on 21 October 2013, which was addressed to the Chief of Staff (CofS), DEARNG.  The DCSPER informed the CofS that he had reviewed the ETP denial memo from the NGB and the enlistment documentation completed at the time of the applicant's enlistment.  He had also met with both the Recruiting Commander and the applicant's recruiter identified in the documentation as well as the Education Office staff responsible for the SLRP.

	a.  The DCSPER reported his findings as follows:

		(1)  The DD Form 1966 completed at the time of the applicant's enlistment shows that he was not offered the SLRP per box 32a.

		(2)  There was no NGB Form 600-7-5-RE (SLRP Addendum) attached to the packet that would indicate the Soldier was offered the SLRP.

		(3)  There was a "free form" text added to Section VI that reads "'STUDENT LOAN REPAYMENT PROGRAM APPLICANT' (SLRP)."

		(4)  The DD Form 4 completed at the time of enlistment does not indicate that the SLRP was offered.

		(5)  Based on the applicant's selection of a 31B MOS he was not entitled SLRP at the time of his enlistment.

		(6)  A review of the National Student Loan Data System (NSLDS) shows that the applicant has eight federal loans for a total of $16,250 at this time.

		(7)  It is too late for the applicant to apply for state assistance for the loans of the past and he has currently requested $4,000 in state assistance for Spring 2012 semester (he has not submitted for reimbursement).

		(8)  The applicant has never requested Federal Tuition Assistance.
		(9)  The applicant is eligible for the 1606 GI Bill and the 1607 or Post 9/11 GI Bill.

	b.  The DCSPER provided the following discussion:

		(1)  Civilians/applicants are apprised of the many opportunities the National Guard has to offer during the time the Recruiter is working with potential applicants before the enlistment actually occurs.

		(2)  At the time of enlistment, test scores, physical attributes, and availability of slots all weigh in on how the enlistment takes place and what benefits are offered, so it is not known with 100 percent certainty what benefits an applicant will get until the time of enlistment.

		(3)  When finalization of the enlistment takes place, the MEPS counselor reviews the contract line by line with the candidate and the candidate initials to show that the information was reviewed.

		(4)  As the result of systemic issues with the "free form" texting field at the state and national level, the program was modified to have MEPS populate the contract information electronically on the DD Form 1966, overwriting all comments made by field recruiters.

		(5)  In this case, I can see where the applicant might have been confused given the "free form" text that was added to Section VI, even though it has no bearing on the benefits actually given to the applicant.

	c.  The DCSPER made the following recommendations:

		(1)  G-1 to support Army Board for Correction of Military Records (ABCMR) request for the applicant because a reasonable person could have been confused by the fact that information typed into Section VI seems to indicate that he was eligible for SLRP.

		(2)  Concurrent with the appeal process, the DEARNG Education Office is to research any other potential venues to assist the applicant in the payment of his outstanding school debts.

7.  An advisory opinion was obtained from the Department of the Army (DA), Office of the Deputy CofS, G-1, Washington, DC, on 3 February 2014, in the 

processing of this case.  The Chief, Incentives and Budget Branch, Enlisted Accessions Division, recommended that the applicant be granted full relief and that the $16,250 worth of loans be paid by the ARNG.  He stated that a review of the applicant's case shows he enlisted as a 31B.  MOS 31B was not a critical skill for the DEARNG at his time of enlistment; therefore, he was not eligible to receive and was not offered the SLRP.  Other that the applicant's statement in his ABCMR packet, there was a "free form" text added to Section VI that reads "'STUDENT LOAN REPAYMENT PROGRAM APPLICANT' (SLRP)."  Based on the recommendation from the ARNG in their exception to policy letter accompanying the application and the potential that the applicant was misled it is reasonable to presume that the applicant believed he was in fact entitled to the SLRP option. 

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ARNG on 9 December 2010.  Although the applicant was not eligible for participation in the SLRP for MOS 31B evidence clearly shows that he completed a DD Form 1966 during the enlistment process that contains the statement "'STUDENT LOAN REPAYMENT PROGRAM APPLICANT' (SLRP)."  This form was reviewed and authenticated by both the applicant and a MEPS counselor and subsequently filed in his Army Military Human Resource Record.

2.  Evidence shows that NGB denied the applicant's request for an ETP for SLRP authorization.

3.  Both the State and Army G-1 opined that it is reasonable to presume that the applicant believed he was in fact entitled to participation in the SLRP and recommended that he be granted full relief in the form of payment of his $16,250 worth of student loans. 

4.  In view of the foregoing, it appears that the applicant received improper guidance regarding his eligibility for participation in the SLRP.  He should not be penalized for an action that was not his fault.  Therefore, as a matter of equity, he should receive full administrative relief for his preexisting student loans in accordance with DA 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 Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  showing the NGB granted the applicant an ETP to participate in the SLRP; and

   b.  authorizing payment of his preexisting student loans from 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)                                         AR20140001460





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ABCMR Record of Proceedings (cont)                                         AR20140001460



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