IN THE CASE OF:	  

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20140001792 


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, his $50,000.00 Student Loan Repayment Program (SLRP) contract be honored as written and any overpayments be forgiven.

2.  The applicant states:

* he believes the Minnesota Army National Guard (MNARNG) paid for his SLRP twice without his knowledge in 2010 and 2011
* payments were made directly to the loan custodian, Sallie Mae, without any notification to him
* Sallie Mae notifies him if payments are received directly from him
* a payment was sent for a private loan instead of a federal loan which was the government's fault and not his
* the error was discovered about a year later and he was sent a recoupment notice
* while he was deployed to Afghanistan he sent an exception to policy (ETP) letter stating the consequences of the recoupment
* the issue dragged out for about a year until December 2013 when the decision was made to deny his plea and ETP request

3.  The applicant does not provide any additional evidence.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MNARNG on 3 October 2006 for a 3-year period.  On 26 February 2009, he extended his enlistment for a period of 6 years.

2.  In connection with his extension, he completed Annex R (Reenlistment/ Extension Bonus Addendum) and Annex L (SLRP Addendum - ARNG).  His Annex L shows:

* he had two existing disbursed loans in the amount of $55,000.00 and his total amount of repayment for qualifying loans would not exceed $50,000.00
* he acknowledged that state student loans were not eligible for the SLRP and loans eligible for the SLRP were:

*	Stafford Loans
*	Federally Insured Student Loans
*	Perkins Loans
*	Auxiliary Loans to Assist Students
*	Consolidated Loan Program
*	William D. Ford Federal Direct Loan Program

* he acknowledge that he would furnish his unit commander or his representative with all of his promissory notes and proof of disbursement upon reenlistment/extension and that a payment could not be authorized on loans where he did not submit his promissory notes and proof of disbursement at the time of reenlistment/extension
* he acknowledged that each year (90 days before his anniversary date) he would contact his unit to request payment on his loans

3.  The applicant's Annex L was certified by his service representative and assigned a bonus control number on 26 February 2009.

4.  On 23 January 2013, the Deputy G1, ARNG, NGB, Arlington, VA, granted an ETP request for retention of the applicant's $50,000.00 SLRP incentive.  This official stated:

* the applicant completed an SLRP addendum for the $50,000.00 SLRP instead of the $20,000.00 SLRP
* the SLRP was increased according to SAMR-HR memorandum, subject:  Changes to Reserve SLRP, dated April 2008
* the applicant accepted the incentive offer made by the MNARNG in good faith and had otherwise fulfilled his obligations under the contract as of the date of the request
* withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army

5.  On 4 February 2013, the J1 Army Personnel Division Chief, Headquarters, MNARNG, Office of the Adjutant General, Saint Paul, MN, notified the applicant of the following discrepancies with regard to his SLRP addendum:

* overpayment of $1,814.40 for FY 2011
* overpayment of $1,814.40 for FY 2012
* overpayment of $458.47 of interest for FY 2012

6.  The J1 Army Personnel Division Chief stated the applicant was paid on his private loans and advised the applicant of the ETP process.

7.  On 30 December 2013, the Deputy G1 (different person), ARNG, NGB, conducted a second review of the applicant's ETP request for his SLRP incentive.  This official referenced ARNG SRIP Guidance for Fiscal Year 2007, Policy Number 07-06, for the period 10 August 2007 to 28 February 2009, and stated:

	a.  The State Incentive Manager would terminate the incentive with recoupment effective the contract start date.

   b.  An ETP to retain the $20,000 SLRP was denied because the applicant's incentive addendum contained different signature dates for the witnessing officer and service representative, and because the applicant:

   	*	did not contract for the incentive at the time of reenlistment/extension
   	*	received payments on private loans
   	*	executed an incorrect version of his incentive addendum
   	*	failed to include a signature date on his incentive addendum

	c.  The applicant's contract/agreement details:

		*	date of agreement/enlistment:  26 February 2009
		*	contracted loan addendum/agreement amount:  $20,000.00

	d.  The applicant received payments on private loans that were not authorized in accordance with the SRIP guidance and the incentive was not the proper released version at the time of his extension.  In addition, the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and the Bonus Control Number request do not support an incentive being offered at the time of reenlistment/extension; therefore the request cannot be granted.

8.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  SRIP Guidance for FY 2007, 10 August 2007 to 31 March 2008, with updates provided for various enlisted and officer bonus incentives.  A $20,000.00 SLRP incentive as authorized on 10 August 2007.  On 20 May 2008, SRIP Policy Number 07-06 was extended to 30 September 2008.  On 17 February 2009, the policy was updated, superseded all previous SRIP guidance for FY 2007, 2008, or 2009, and was extended until 30 September 2009.  A $50,000.00 SLRP incentive was offered to Soldiers who enlisted/affiliated/extended/reenlisted in a Modification Table of Organization and Equipment (MTOE) unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was offered a $50,000.00 SLRP incentive at the time of his extension.

2.  Although the Deputy G1, ARNG, NGB at the time granted the applicant's ETP request to retain the $50,000.00 SLRP, on 4 February 2013 the applicant was notified of overpayment discrepancies by the state J1 Army Personnel Division Chief.

3.  On 30 December 2013, a second review of the applicant's SLRP incentive was conducted.  The G1, ARNG, NGB directed recoupment and noted discrepancies within his incentive contract.

4.  In accordance with the terms of his Annex R addendum, he acknowledged payments were not authorized for private loans and that he had to contact his unit to request payment on his loans.  It is unclear under what circumstances the State paid the loans.

5.  Although an incorrect version of the SLRP contract may have been executed, the applicant fulfilled the requirements of the contract and the Deputy G1, ARNG, NGB approved an ETP request for him to retain the SLRP incentive.  

6.  Withholding payment of this incentive would be contrary to equity and good conscience and against the best interests of the Army; therefore, the applicant is entitled to the $50,000.00 SLRP incentive.  

7.  In view of the foregoing, there is no basis for granting remission of the payments towards the applicant's private loan.  If the state paid those loans, the applicant did not have to.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  showing the Army National Guard authorized him to receive the $50,000.00 SLRP incentive and

	b.  paying from Army National Guard funds any SLRP payments due as a result of this correction.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to authorizing overpayment of funds and interest for FY 2011 and FY 2012 toward his private loans.




      _______ _  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)                                         AR20140001792



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001792



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1