IN THE CASE OF:	   

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20140001941 


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).  

2.  He states that upon enlistment in the Wisconsin Army National Guard (WIARNG), he was eligible for the SLRP in the amount of $20,000.00.  All of the proper paperwork was completed.  Loan payments were made, but he started having problems.  After assignment to a new unit, it was brought to his attention that the date on his SLRP Addendum did not match his enlistment date.  His request for an exception to policy (ETP) was denied.  He is not sure how he could be at fault and have this incentive taken from him.  He completed everything he was told to complete, and he doesn't believe he should be penalized for any errors that were not his fault.

3.  He provides:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and associated documents
* Information Management and Reporting Center (IMARC) Bonus Control Worksheet
* loan summary
* two DD Forms 368 (Request for Conditional Release)
* DA Form 4187 (Personnel Action)
* Orders
* Annex L to DD Form 4 (SLRP Addendum - ARNG of the United States) 
* two DA Forms 2823 (Sworn Statement)
* memorandum, subject:  ETP
* memorandum, subject:  Request for ETP for SLRP [Applicant]

CONSIDERATION OF EVIDENCE:

1.  The applicant provides an IMARC Bonus Control Worksheet showing that, on 29 December 2008, one day prior to his enlistment in the WIARNG, data was entered regarding his bonus preferences.  The worksheet shows a request for the SLRP in the amount of $20,000.00 and that he had seven student loans.  The loan summary he provides confirms his loans.  

2.  On 30 December 2008, he enlisted in the ARNG of the United States for 8 years.  

	a.  The DD Form 4 completed at that time lists three annexes.  Annex L is not listed.  

	b.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows he enlisted under the National Guard Active First Enlistment Option.  

3.  A DA Form 4187, dated 9 January 2009, corrected his enlistment documents by removing his Active First obligation and assigning him to a WIARNG unit.

4.  On 9 February 2009, the Military Entrance Processing Station (MEPS), Fort Snelling, MN, issued Orders 9040012 ordering him to initial active duty for training (IADT) effective 10 February 2009.

5.  His record contains an SLRP Addendum signed by the applicant and the enlisting official on 13 January 2009.  By signing the form, he acknowledged the eligibility requirements for the SLRP as a non-prior service (NPS) applicant.  The form shows a bonus control number was assigned.  

6.  His record shows he completed initial entry training on or about 19 June 2009, and he was awarded military occupational specialty 88M (Motor Transport Operator).

7.  He provides a memorandum, subject:  ETP, dated 4 April 2013, from his company commander to the Incentives Officer, Joint Forces Headquarters, Madison, WI.  The company commander stated the applicant had received notification of a discrepancy regarding his SLRP incentive stating his SLRP Addendum had been signed after his DD Form 4.  The company commander stated the applicant had signed "all of the forms on the same day at MEPS," which had been confirmed by the applicant and his recruiter.  The company commander requested an ETP allowing the applicant to receive the SLRP in spite of any date discrepancies.  

8.  He provides a memorandum, subject:  Request for ETP for SLRP [Applicant], dated 1 October 2013, from the Deputy G-1, ARNG, National Guard Bureau (NGB).  The memorandum informed the State Incentive Manager, WIARNG, that a request for an ETP was denied and directed the State Incentive Manager to terminate the SLRP with recoupment.  The memorandum stated the applicant signed the incentive addendum after he signed his enlistment documents, which violated ARNG Selected Reserve Incentive Program (SRIP) guidance in effect at the time.  The memorandum also noted that the incentive was not offered at the time of enlistment.  

9.  The ARNG Active First Enlistment Option was established in 2007.  NPS enlistees who enlist under the Active First Enlistment Option agree to serve their first 3 years in the Active Army for which they receive a bonus from that component.  These enlistees have the option to remain in the ARNG as long as they make their decision prior to their IADT ship date.  If they choose to remain in the ARNG, they will fall under the SRIP policy in effect at the time of their original enlistment.  

10.  SRIP guidance for the Active First Enlistment Option provides that individuals enlisting in the program are to contract for ARNG SRIP incentives for which they qualify under SRIP policy in effect at the time of their enlistment.  This is to be accomplished as if the enlistee were a traditional enlistee joining for an ARNG SRIP bonus.  At the time of enlistment, the contract is not entered in the IMARC system and no control number is issued.  ARNG SRIP bonus contracts for Active First enlistees are to include a statement to be initialed by the enlistee acknowledging that the contract is not valid unless the enlistee opts out of the Active First program and agrees to remain in the ARNG for the remainder of the 8-year military service obligation.

11.  ARNG SRIP Guidance for the period 10 August 2007 – 30 September 2009 issued by NGB authorized the SLRP for qualified NPS enlistees.  Retroactive entitlement to an incentive offered under this policy is not authorized

DISCUSSION AND CONCLUSIONS:

1.  An entry in IMARC made prior to the applicant's enlistment clearly indicates that he intended to enlist for the SLRP incentive.  The fact that the SLRP Addendum was not listed as an annex to his DD Form 4 and was not signed until after he had opted out of the Active First program is an indication of an administrative error, confusion over the SRIP requirements for the Active First program, or both.  Neither error nor confusion would have been the fault of the applicant. 

2.  In light of the available evidence, it would be appropriate to correct the applicant's record to show an ETP was granted allowing him to retain his $20,000 SLRP incentive.   

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 showing an ETP was granted allowing him to retain his $20,000 SLRP incentive, and paying that incentive 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)                                         AR20140001941



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ABCMR Record of Proceedings (cont)                                         AR20140001941



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