IN THE CASE OF:	   

		BOARD DATE:	  30 April 2014

		DOCKET NUMBER:  AR20140003320 


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, correction of his record to show an exception to policy (ETP) was approved allowing him to receive the Student Loan Repayment Program (SLRP) incentive.

2.  He states he "reenlisted" in the Florida Army National Guard (FLARNG) on 6 February 2009, and he was promised the SLRP incentive at that time.  Payments were made on his loans in 2010 and 2011.  In 2012, clerical errors were discovered in his SLRP contract.  Payments for 2012 and 2013 were denied for the following reasons:

* SLRP Addendum was obsolete
* SLRP Addendum had unauthorized pen and ink changes
* SLRP control number was requested after he extended his enlistment

3.  He states he submitted a request for an ETP to the National Guard Bureau (NGB), and his request was denied.  He states the clerical errors were not his fault.  He did not know the SLRP Addendum was obsolete or that the control number was requested after he extended his enlistment.  He trusted the Retention Noncommissioned Officer.  Immediately after his extension, he deployed to Afghanistan, and he was not informed of any issues with his contract.  He assumed everything was okay since the first two payments were made.  He believes it would be unfair and unjust to be deprived of the SLRP incentive because of clerical errors that were beyond his control.  He has kept all other contractual obligations.  He states denial of the incentive may cause him financial hardship.
4.  He provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 (SLRP Addendum - ARNG of the United States))
* National Student Loan Data System Aid Summary and Loan Information
* DA Form 2823 (Sworn Statement)
* memorandum, subject:  ETP for [Applicant]
* memorandum, subject:  Request for ETP for SLRP ([Applicant])

CONSIDERATION OF EVIDENCE:

1.  On 29 April 1986, the applicant enlisted in the FLARNG.  He has continued his service through extensions, and he is currently serving in the FLARNG as a master sergeant/E-8.

2.  On 6 February 2009, he signed a DA Form 4836 extending his enlistment by 6 years.  At the time, he held military occupational specialty (MOS) 14J (Air Defense Command, Control, Communications, Computers and Intelligence Tactical Operations Center Enhanced Operator/Maintainer).  

3.  On the same date, he signed an NGB Form 600-7-5-R-E verifying he was eligible for the SLRP in the maximum amount of $20,000.00.  The publication date of the form he completed is 16 June 2007.  

	a.  Section II (Eligibility), paragraph 2, pertains to the SLRP for prior service applicants enlisting for a minimum term of service of 6 years.  Entries made in paragraph 2e are scratched out.  

	b.  Section II, paragraph 3, pertains to Soldiers currently in the ARNG who are reenlisting/extending for a minimum of 6 years.  In paragraph 3e, he indicated he had one loan in the amount of $6,203.36.  He did not make any entries in paragraphs 3c or 3d indicating he was extending in a critical skill MOS or that he was extending in an NGB-approved critical unit identification code.

	c.  Section VIII (Certification by Service Representative) does not show the signature of the enlisting official nor does it show an SLRP control number.

4.  He provides a memorandum, subject:  Request for ETP for SLRP (Applicant), dated 22 January 2014, that shows the Deputy G-1, ARNG, NGB, denied a request for an ETP allowing him to retain the SLRP incentive and directed the State Incentive Manager to terminate the incentive with recoupment effective on the contract start date.  The ETP was denied based on the following discrepancies, each of which violated ARNG Selected Reserve Incentive Policy (SRIP) 07-06:

* his SLRP Addendum was not signed by a Service representative
* the SLRP Addendum was obsolete
* the SLRP Addendum had unauthorized pen and ink changes
* his SLRP control number was requested after the date of extension

5.  ARNG SRIP 07-06, in effect at the time of the applicant's extension in 2009, states the ARNG offers the SLRP to Soldiers as an accession or retention incentive.  The total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15 percent or $500 per year, whichever is greater.  Soldiers currently serving in the ARNG had to meet the following eligibility requirements to receive the SLRP:  

	a.  Must enlist, reenlist, or extend for a period of not less than 6 years.

	b.  Have not previously received the SLRP as an enlistment, re-enlistment or extension option in the Selected Reserve.

	c.  Must be MOS qualified for the position for which enlisting or extending.

6.  Enclosure 2 for ARNG SRIP 07-06 is dated 13 February 2009 and lists critical skill MOS's by state.  It shows MOS 14J listed as a critical skill MOS for the FLARNG.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was eligible for the SLRP when he extended his enlistment for 6 years on 6 February 2009, and he states two SLRP payments were made subsequent to his extension.  

2.  The available evidence shows no basis for terminating his SLRP incentive other than the administrative errors identified by NGB.  While the applicant bears some responsibility for not entering his MOS on his SLRP Addendum, there is no evidence indicating he should be held responsible for the other administrative errors that occurred.  

3.  As a matter of equity, it would be appropriate to correct his record to show an ETP was approved allowing him to retain the 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 correcting his record to show an ETP was approved allowing him to retain the SLRP incentive, and paying those loans 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)                                         AR20140003320





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ABCMR Record of Proceedings (cont)                                         AR20140003320



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