IN THE CASE OF:	  

		BOARD DATE:	  12 March 2014

		DOCKET NUMBER:  AR20140002011 


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 records to show his entitlement to the Student Loan Repayment Program (SLRP) in the amount of $50,000.00.

2.  The applicant states he signed a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) on 18 July 2011 to extend his enlistment in the Army National Guard (ARNG).  At the time, he was told he was getting the SLRP.  He called the education office at a later date to start the SLRP process and was informed that he was ineligible for the SLRP because his unit did not request a bonus control number (BCN).  He requests assignment of a manual BCN so he can utilize the SLRP that he was promised when he extended his enlistment.

3.  The applicant provides his DA Form 4836, four memoranda, and 22 pages of his National Student Loan Data Systems Financial Aid Review.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Mississippi ARNG (MSARNG) on 17 July 2002 and he held military occupational specialty (MOS) 31B (Military Police (MP)).  He was assigned to the 113th MP Company, Brandon, MS.

2.  On 18 July 2011, he extended his enlistment in the MSARNG for a period of 6 years.  His DA Form 4836, dated 18 July 2011, shows his unit of assignment as the 113th MP Company (unit identification code (UIC) WXFFAA), his new expiration of term of service (ETS) as 18 July 2017, and the authority and reason for the extension as National Guard Regulation 600-200 (Enlisted Personnel Management), table 7-5, rule A.  (It is unclear what table 7-5, rule A, refers to as a review of National Guard Regulation 600-200 does not contain table 7-5.)

3.  The applicant provided a self-authored memorandum to his immediate commander, undated, requesting approval for an exception to policy (ETP) for entitlement to the SLRP.  He stated, in part:

	a.  He was told by the Readiness Noncommissioned Officer, Sergeant First Class (SFC) S____, that his contract for 6 years made him eligible for the SLRP and it was in his extension.  However, when he contacted the education department he was told his unit should have requested a BCN before he entered into the contract.  The policy was released on 28 July 2011 and would be effective 1 August 2011.  Furthermore, MOS 31B was no longer on the critical MOS list.

	b.  He requested an ETP as the error was not on his part.  He trusted that SFC S____ would fulfill his duties and he failed to do so by not ensuring all the pertinent information that was agreed upon was in his contract.

4.  The applicant also provided:

	a.  a memorandum, dated 2 December 2011, subject:  Approval of Request for ETP of (Applicant), wherein his immediate commander requested approval of the applicant's request for an ETP; and

	b.  a memorandum, dated 28 May 2013, subject:  Request ETP for SLRP (Applicant), wherein the MSARNG Deputy Chief of Staff for Personnel requested approval of the applicant's request for an ETP for entitlement to the SLRP.  The memorandum stated a review of his records revealed the unit failed to request a BCN in accordance with directed procedure when he reenlisted in the MSARNG on 18 July 2011 which resulted in a non-generated SLRP Addendum.  The error resided with the process administered by the unit and was through no fault of the applicant.

5.  The applicant further provided a memorandum for the MSARNG State Incentive Manager from the National Guard Bureau Deputy G-1, dated 30 October 2013, subject:  Request ETP for SLRP (Applicant), denying the applicant's request for an ETP to retain the $50,000.00 SLRP.  The memorandum stated:

	a.  The applicant's incentive addendum could not be located which violated the ARNG Chaplain, Health Professional, and Enlisted Loan Repayment Program (CHELRP) for Fiscal Year 2009 effective 1 October 2009 to 31 July 2011.  His contract details show he enlisted in the MSARNG, UIC WXFFAS, on 18 July 2011 in MOS 31B for the contracted loan addendum/agreement amount of $50,000.00 and his current MOS is 31B.

	b.  A review of his DA Form 4386 did not substantiate an incentive having been offered in connection with his extension as the improper rule was annotated.  In addition, the BCN was not requested at the time the applicant executed the agreement/contract.  He may file a claim with the Army Board for Correction of Military Records if he feels an error or injustice still exists.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that when the applicant extended his enlistment in the MSARNG on 18 July 2011 in MOS 31B and assignment to the 113th MP Company, his DA Form 4836 was not properly annotated to show he was extending for the SLRP in the amount of $50,000.00.  In addition, a BCN was not requested at the time which resulted in the failure to generate an SLRP Addendum.

2.  It is evident that administrative errors were committed in processing the applicant's DA Form 4836 and SLRP Addendum.  However, he should not be penalized for errors that occurred through no fault of his own.  He extended his enlistment in good faith and he continues to serve in the MSARNG in MOS 31B.  Only the incompetence of others denied him entitlement to the SLRP.

3.  As a matter of equity, his records should be corrected to show he executed a properly-constituted SLRP Addendum in the amount of $50,000.00 on 18 July 2011 and that the addendum was filed in his service records.  He should receive full administrative relief for payment of his 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 the evidence presented is 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 an SLRP Addendum in the amount of $50,000.00 was properly executed on 18 July 2011, the addendum was witnessed by a service representative, the addendum contained a valid control number, and the addendum was filed in his service records
* paying his authorized loans in accordance with the SLRP Addendum 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)                                         AR20140002011



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ABCMR Record of Proceedings (cont)                                         AR20140002011



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