BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20140001635 


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 relief from recoupment of Student Loan Repayment Program (SLRP) funds.

2.  The applicant states she enlisted in the California Army National Guard (CAARNG) in 2001 under the agreement that she was to be entered into the SLRP.  She states she relied on the expertise of her recruiter and the California State Incentive Manager in that she was eligible for the SLRP.  The correct student loans were repaid and the correct documents were presented to her.  She further states that upon extension of her reenlistment the retention noncommissioned officer of the unit told her she was eligible to continue with another contract under the SLRP.  She states that she understands these contracts are binding and that she fulfilled her obligation to serve under them.

3.  The applicant provides:

* personal statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* five military pay vouchers 
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum)
* DD Form 4 (Enlistment/Reenlistment Document), page 2
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Leave and Earnings Statement (LES)) 


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that with more than 6 years prior active service, she enlisted in the CAARNG on 16 June 2001 in the rank of sergeant for 1 year, 3 months, and 17 days, which was her remaining statutory service obligation.  Her enlistment documents show she was to receive an affiliation bonus.  There is no evidence she signed an SLRP agreement in connection with this enlistment.

2.  On 1 October 2002, she was assigned to a military occupational specialty (MOS) 52D (Power Generation Equipment Repairer) position.  The assignment orders show she was qualified in MOS 52D.

3.  On 1 October 2002, she extended her enlistment in the CAARNG for a period of 3 years, extending her expiration term of service (ETS) to 2 October 2005.  On the same date, contrary to regulatory policy, she signed a second DA Form 4836 extending her new ETS date of 2 October 2005 for an additional 3 years.  Block 9 on each of these DA Forms 4836 lists the SLRP as part of the extension agreement and contains an SLRP control number.  On that same date she also signed a $10,000 SLRP agreement (addendum) agreeing to serve in MOS 52D for the duration of the agreement.  As part of her agreement, she acknowledged that she was extending her previous enlistment for a term of service of 6 years in the ARNG.

4.  In the processing of this case, a staff advisory opinion was obtained from the NGB Office of the Deputy Chief of Staff, G-1, that recommended granting full administrative relief because the CAARNG processed the SLRP payments even though she was not eligible at the time, according to Selected Reserve Incentive Program Policy 03-02.  The official stated she was allowed to extend her enlistment contract concurrent with her original contract in violation of regulatory policy.

5.  The advisory official further stated that none of the aforementioned violations of regulations were the fault of the applicant.  The CAARNG personnel who processed the SLRP made administrative errors that are having a negative impact on her.  He stated there were no violations of existing laws in this case.

6.  The advisory opinion was forwarded to the applicant for comment; no response has been received to date.

7.  National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 7-6, in effect at the time, stated an extension of enlistment would be made no earlier than 3 months prior to ETS, except for specified reasons.  The list of reasons did not include for the purpose of gaining eligibility for the SLRP.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory policy in effect at the time did not provide for an extension of an enlistment for prior service Soldiers solely for the purpose of gaining eligibility for the SLRP or for more than 3 months prior to ETS.  Therefore, the second DA Form 4836 executed on 1 October 2002 (showing an ETS date of 2 October 2008) was not in compliance with regulatory policy resulting in the applicant not being eligible for the SLRP.  However, though incorrectly processed, it appears the intent of the personnel completing her extension of enlistment and incentive counseling and paperwork believed as a result of the above actions that she was eligible for the SLRP.

2.  Further, based on the CAARNG having processed her SLRP payments, though she was not eligible, she had added reason to believe she was eligible for the SLRP.

3.  In view of the foregoing and in the interest of equity and justice, it would be appropriate to correct her records to show she was eligible for the SLRP and for termination of recoupment actions for monies already paid on student loans by voiding the two DA Forms 4836 executed on 1 October 2002 and replacing them with a DA Form 4836 showing she extended for 6 years with the SLRP on that same date.

BOARD VOTE:

__x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 ARNG records of the individual concerned be corrected by showing she was entitled to the full amount she contracted to receive under the SLRP and thereby cancelling any further recoupment of SLRP benefits she already received by voiding the two DA Forms 4836 executed on 1 October 2002 and replacing them with a DA Form 4836 showing she extended for 6 years on that same date.

2.  Additionally, DFAS should refund any SLRP funds already collected from the applicant as an SLRP recoupment action. 




      ___________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)                                         AR20140001635



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ABCMR Record of Proceedings (cont)                                         AR20140001635



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