IN THE CASE OF:	  

		BOARD DATE:	  30 April 2014

		DOCKET NUMBER:  AR20140003314 


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 for the Student Loan Repayment Program (SLRP).  

2.  He states that when he enlisted in the Florida Army National Guard (FLARNG) on 25 September 2008, he was promised the SLRP incentive along with a bonus.  He received the bonus, but his SLRP incentive was not paid.  According to the State Education Office, he did not qualify for the SLRP because the SLRP Addendum was missing and he did not receive a score of 50 or higher on the Armed Forces Qualification Test (AFQT).  He was advised to request an exception to policy (ETP).  The National Guard Bureau (NGB) denied his request for an ETP.

3.  He states he was unaware that the SLRP Addendum was missing and he did not know an AFQT score of 50 or higher was required.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) states he is eligible for the SLRP and an SLRP control number was requested in the Information Management and Reporting Center.  He trusted that what the guidance counselor and recruiter told him was true and accurate.  He has kept his contractual obligations, and he has been a good Soldier.  He feels it would be unfair and unjust if he did not receive the SLRP incentive promised to him in writing.

4.  He provides:

* DA Form 2823 (Sworn Statement)
* DD Form 1966
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* memorandum, subject:  ETP for [Applicant]
* memorandum, subject:  ETP for SLRP ([Applicant])
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment (Guard Annex)
* Processee/Enlistee Record

CONSIDERATION OF EVIDENCE:

1.  On 25 September 2008, the applicant enlisted in the FLARNG for a period of 8 years.  He completed initial entry training, and he was awarded military occupational specialty 42A (Human Resources Specialist).  

2.  During his enlistment processing, he signed several forms describing his obligations and the incentives offered to him.

	a.  A DD Form 4 shows in:

		(1) Section B (Agreements), additional details of his enlistment were in Section C and Annexes A, B, C, and D.

		(2) Section D (Certification and Acceptance), he acknowledged he understood that any promises or guarantees made to him by anyone that were not set forth in Section B or the attached annexes were not effective and would not be honored.  

	b.  Section VII (Addendums) of a Guard Annex shows the following three addenda were attached and were part of his enlistment agreement:

* Enlistment Bonus Form
* Montgomery GI Bill Kicker
* Montgomery GI Bill

	c.  Section II (Examination and Entrance Data Processing Codes) of a DD Form 1966 shows his AFQT percentile as "40."

	d.  Section VI (Remarks) of a DD Form 1966 shows the statement "I understand I am eligible for the student loan repayment program.  I accept the student loan repayment program."  

3.  His record does not contain an SLRP Addendum.

4.  He provides several documents in support of his request, including the following:

	a.  A DA Form 2823, dated 3 November 2012, shows he stated –

* he was promised the SLRP when he enlisted
* through no fault of his own, the SLRP contract could not be located
* he was never given a copy of the SLRP Addendum
* the SLRP contract had a bonus control number (BCN) and had been established in the Guard Incentive Management System (GIMS)
* he had kept all contractual obligations and was requesting an ETP

	b.  A memorandum, subject:  Request for ETP for SLRP ([Applicant]), dated 16 January 2014, shows the Deputy G-1, ARNG, NGB, denied a request for an ETP allowing the applicant to receive the SLRP incentive and directed the State Incentive Manager to invalidate the BCN and incentive type in GIMS.  The ETP was denied based on the following discrepancies, each of which violated ARNG Selected Reserve Incentive Policy (SRIP) 07-06:

* the applicant's AFQT score did not meet eligibility criteria
* his SLRP Addendum could not be found
* his BCN was requested after the date of enlistment

5.  ARNG SRIP 07-06, in effect when the applicant enlisted, authorized the SLRP for qualified enlistees.  The SLRP incentive was available to non-prior service enlistees who met certain criteria, including having an AFQT of 50 or higher.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and ARNG.  It states applicants enlisting for incentives under the SRIP, including the SLRP, will be required to sign documents that specify the eligibility criteria and the term of service for the incentive.  Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions that can cause termination and recoupment.  These documents must be authenticated by a proper witnessing official and will include the preparation date.  The appropriate incentive addendum must be completed and a copy made a permanent part of each enlistment, or affiliation packet.  


DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his record to show he is eligible for the SLRP.

2.  It is understandable that the entry on the DD Form 1966 and other administrative errors have led the applicant to believe he should receive the SLRP; however, he was clearly ineligible for this incentive.    

3.  He did not have an AFQT score that met SLRP criteria.  It is reasonable to presume that this is why an SLRP Addendum was not annexed to his DD Form 4 and was not listed as an addendum in his Guard Annex.  Although it appears an SLRP request was submitted in GIMS and assigned a BCN, there was no basis for that action.  The record fully supports NGB's denial of his request for an ETP allowing him to receive the SLRP incentive.

4.  In view of the foregoing, there is no basis for granting the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140003314





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ABCMR Record of Proceedings (cont)                                         AR20140003314



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