BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20140003873 


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 an exception to policy (ETP) to retain her Reenlistment/Extension Student Loan Repayment Program (SLRP) bonus incentive.

2.  She states:

	a.  She reenlisted in the Florida Army National Guard (FLARNG) on 2 May 2009 and signed a SLRP contract.  

	b.  Her Federal student loans payments were due once a year on her anniversary; however, she never received any payments.

	c.  The State Incentive Manager requested an ETP to pay the incentive on 
17 April 2013, but the National Guard Bureau (NGB) denied the request because paying the incentive violated Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 07-06:

* She accepted an Active Guard Reserve (AGR) position on 16 February 2010 
* The SRIP addendum was missing the applicant's and the witnessing officer's signature dates
* The SLRP addendum was also dated 3 May 2009 which was after the her re-enlistment date (2 May 2009)

   d.  She believes the NGB's decision to deny her an ETP is unjust because she was unaware that under the policy cited she would lose her SLRP incentive if she accepted an AGR position.  The SLRP contract she signed does not state if she accepted a full-time position the contract becomes invalid.  
   
   e.  She inquired about her SLRP prior to accepting the AGR position and was told it would not interfere with her SLRP according to her contract.
   
   f.  The signature dates were left off the contract by human error.  The retention noncommissioned officer (NCO) at the time completed the paperwork.  She was unaware and not informed that the SLRP paperwork had to be signed on the date of her extension.  The difference in the dates is just one day.
   
   g.  It would be unjust if the FLARNG did not comply with the agreement signed.

3.  She provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-5-R-E (SLRP Addendum)
* Memorandum, Subject:  ETP for Staff Sergeant (SSG) (applicant's name and social security number (SSN))
* DA Form 2823 (Sworn Statement)
* AGR orders
* Reassignment orders
* Memorandum, Subject:  Delegation of Signature Authority of ETP Memos for SRIP and SLRP
* Memorandum, Subject:  Request for ETP for SLRP (SSG (applicant's name and SSN))

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted her application, she was serving in the FLARNG in the rank/pay grade of SSG/E-6.

2.  The applicant enlisted in the Ohio ARNG (OHARNG) on 26 August 2003 for a period of 8 years.  She later transferred to the FLARNG.

3.  On 2 May 2009, she submitted a DA Form 4836 for extension of her 26 August 2003 enlistment for a period of 6 years.  She listed her current expiration term of service (ETS) date as 25 August 2009; therefore, her new ETS was established as 25 August 2015.  

4.  In conjunction with her reenlistment, she submitted an SLRP Addendum:

	a.  Section II (Eligibility), paragraph 1b, she acknowledged, "I am not enlisting to qualify for a Military Technician or AGR Title 32 or 10 position where membership in a Reserve component is a condition of employment (temporary assignment as a military technician for 6 months or less is excluded)."

   b.  Section II, paragraph 2a, she indicated she had two disbursed loans existing in the amount $6,625.00.  She acknowledged the total amount of repayment for the qualifying loans would not exceed $50,000.00.

	c.  Section II, paragraph 2e, she understood that any break in service or period of extension less than six years would permanently terminate the SLRP agreement.  

	d.  Section III (Entitlement and Payments), paragraph 1, "The Government would repay a designated portion of any outstanding loan(s) that she had been secured since 1 October 1975.  The loan(s) must have been made, insured, or guaranteed under Part of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans)."

	e.  Section V (Termination), makes no mention of termination for accepting an AGR position subsequent to reenlisting or extending.  

5.  The SLRP addendum was signed by the applicant, but not dated, and was signed by the Service Representative on 3 May 2009.  The addendum was also signed by the Witnessing Official, but it was not dated.  She was not assigned an SLRP Control Number.  

6.  Orders P040-003, dated 9 February 2010, published by the FLARNG ordered her to full-time National Guard duty in an AGR status with a reporting date of 16 February 2010.

7.  In a memorandum, dated 17 April 2013, the FLARNG requested, as an ETP, that the applicant be approved to retain her SLRP incentive.

8.  In a memorandum, dated 9 January 2014, the NGB disapproved the request for the applicant to retain the SLRP incentive as an ETP.  The NGB stated:

   a.  The applicant accepted an AGR position between 17 April 2009 and 3 November 2010 which violated ARNG SRIP 07-06 Updated (1 March 2009 to
15 June 2010).
	b.  The applicant's incentive addendum is missing the applicant's and the witnessing official's signature dates, which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010).

	c.  The applicant's incentive addendum was signed after the reenlistment/ extension documents which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010).

	d.  The applicant's contract/agreement details show the:

		(1)  date of agreement as 26 August 2009;

		(2)  contracted loan addendum/agreement amount as $50,000.00; and

		(3)  contracted area of concentration (AOC)/military occupational specialty (MOS) as 92Y (Unit Supply Specialist); current AOC/MOS 14G (Air Defense Battle Management System Operator).

9.  The NGB stated the applicant could file a claim with the Army Board for Correction of Military Records (ABCMR) if she believed an error or injustice still existed.

10.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $50,000.  This equates to a maximum annual repayment of $7,500 plus interest.  If the amount set for repayment is less than $500, then $500 becomes the calculated amount for repayment that year.   

11.  Army Regulation 135-7 (ARNG and U.S. Army Reserve Incentive Programs) provided that to be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for 
a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same military occupational specialty unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain her SLRP incentive in conjunction with her reenlistment in the FLARNG was carefully considered and was found to have merit.  

2.  The applicant enlisted in the ARNG on 26 August 2003.

3.  On 2 May 2009, the applicant submitted a request for an extension of her current ETS for a period of 6 years.  In conjunction with this extension, she submitted an SLRP Addendum in good faith that authorized payment of two loans in the amount of $6,625.00 under the SLRP.

4.  The SLRP addendum was signed by the Service Representative on 3 May 2009, one day after the reenlistment date.  The witnessing officer and the applicant both signed the addendum, but the signature dates are not indicated, making her ineligible for the incentive.  The addendum does not specify entitlement to the SLRP would be terminated if she accepted an AGR position subsequent to reenlisting or extending.  

5.  The FLARNG requested that the applicant be allowed to retain her $50,000.00 SLRP incentive as an ETP; however, it was subsequently denied by NGB based upon their policy that requires the applicant to sign the SLRP addendum on the specific date of reenlistment/extension.

6.  However, in the interest of justice, her SLRP addendum should be amended to reflect the document was signed on the date of reenlistment on 2 May 2009 and the applicant's student loans should be paid.  

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:

	a.  showing she and all other appropriate officials signed the SLRP addendum on the date of reenlistment which was 2 May 2009;

	b.  showing she is eligible for payment of her student loans totaling $6,625.00 under the SLRP in accordance with the terms of his SLRP Addendum (Annex L); and 

	c.  paying the two disbursed loans totaling $6,625.00 out of the Army National Guard funds as specified in the SLRP Addendum (Annex L).



      _______ _  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)                                         AR20140003873



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003873



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1