IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140003957 


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, an exception to policy (ETP) in order to retain eligibility for payment of his student loans as part of the terms of his reenlistment in the South Carolina Army National Guard (SCARNG) under the Student Loan Repayment Program (SLRP).

2.  He states, in effect, that his original expiration term of service (ETS) date was 24 June 2007.  He reenlisted for a bonus on 5 November 2006.  He was later advised that he qualified for the SLRP and completed a contract addendum for the SLRP on 25 May 2007.  Since his original ETS date had not passed and his new 6-year contract had not started, his unit used the same DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) for both the bonus and the SLRP.  The only issue is that the dates on the DA Form 4836 and the SLRP addendum are different.  The requirement for the SLRP was to have disbursed loans in good standing prior to the date of the contract and to reenlist for 6 years.  He met both of those requirements and feels that he should not be penalized for an administrative error on his unit's part.  He received four payments before this error was identified and feels that he should not have to suffer recoupment for an administrative error.

3.  He provides:

* a DA Form 4836
* a National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document _Armed Forces of the United States) SLRP Addendum- ARNG of the United States (ARNGUS))
* five pages of student loan documentation retrieved from the National Student Loan Data System (NSLDS)
* a DA Form 2823 (Sworn Statement)
* a memorandum requesting an ETP
* a memorandum denying his request for an ETP

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the SCARNG on 25 June 2001 for a period of 8 years and his ETS date was established as 24 June 2007.

2.  On 5 November 2006, the applicant completed and signed a DA Form 4836 to document his reenlistment in the SCARNG for a period of 6 years which established his new ETS date as 24 June 2013.

3.  In conjunction with his reenlistment on 5 November 2006, he completed and signed an NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 - Reenlistment/Extension Bonus Addendum ARNGUS) to document his entitlement to a bonus as a term of his reenlistment.  This document was verified by his unit commander, further verified by the State Incentive Manager for accuracy, and assigned a bonus control number (BCN).

4.  On 25 May 2007, 1 month prior to his original ETS date, the applicant completed an NGB Form 600-7-5-R-E to document his entitlement to the SLRP as an additional entitlement in connection with his reenlistment on 5 November 2006.  The form shows that he indicated that he had two loans existing in the amount of $22,000 at the time and acknowledged the fact that the total amount of repayment for qualifying loans would not exceed $20,000.  This document was certified by a service representative, verified by the State Incentive Manager for accuracy and assigned a BCN.

5.  He provides a DA Form 2823, dated 20 May 2013, which shows he made the following statement under oath:  "In May 2007, I (applicant's name) signed all documents pertaining to my reenlistment and SLRP.  I received the original 4 payments and now there is a problem with my 4836.  My unit was in charge of all the paperwork pertaining to the above documents."

6.  On 12 June 2013, the Deputy Chief of Staff (DCofS) of the State of South Carolina Military Department rendered a memorandum requesting that the NGB grant the applicant an ETP to retain his SLRP entitlement.  The DCofS stated that the applicant reenlisted for the SLRP on 5 November 2006, but the unit failed to complete the SLRP addendum until 25 May 2007, just prior to his ETS.  The enlisting official is retired and unable to be contacted.  This was due to no fault of the Soldier.  The applicant has satisfied the requirements set forth in the contract.

7.  On 21 February 2014, the Deputy G1, ARNG, NGB, informed the SCARNG State Incentive Manager that the applicant's request for an ETP to retain the $20,000 SLRP had been denied for the following discrepancies:

	a.  The applicant did not contract for the incentive at the time of extension which violates ARNG Selected Reserve Incentive Program (SRIP) 07-01 guidance.  Although the reenlistment bonus (REB) and the SLRP are being claimed as being offered, only the REB can be substantiated based upon the signature dates and BCN number request.  The SLRP BCN and the addendum were completed after the date of the referred extension; therefore, the request to retain the SLRP cannot be granted.

	b.  The applicant erroneously selected multiple options on the incentive addendum which violates ARNG SRIP 07-01.

8.  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 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 $20,000.

9.  The Government will not make any payments to the Soldier or reimburse a Soldier if he or she pays off a student loan.  The Government will only pay the lending institution.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant reenlisted in the SCARNG on 6 November 2006 for an REB and subsequently completed an addendum on 25 May 2007 for the SLRP in the amount of $20,000 prior to his ETS date of 24 June 2007.

2.  Evidence further shows that both his reenlistment contract and his SLRP addendum were certified/verified by service representatives and by the State Incentive Manager prior to being assigned BCNs.

3.  After receiving four payments and through no fault of the applicant, it was later determined he was not eligible for the SLRP because his DA Form 4836 and NGB Form 600-7-5-R-E were not completed on the same date. 

4.  The applicant was offered the SLRP incentive prior to reaching his ETS and did absolutely nothing wrong.  In view of the foregoing, it appears that the applicant received improper guidance regarding his eligibility for participation in the SLRP.  He should not be penalized for an action that was not his fault.  Therefore, as a matter of equity, he should receive full administrative relief for his preexisting student loans in accordance with DA 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 that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army, National Guard, and State records of the individual concerned be corrected by:

	a.  showing the NGB granted the applicant an ETP to participate in the SLRP; 

	b.  authorizing payment of his preexisting student loans; and 

	c.  terminating any recoupment efforts and reimbursing the applicant any funds that have been recouped pertaining to the previous termination of his participation in the SLRP.



      _______ _   _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)                                         AR20140003957





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ABCMR Record of Proceedings (cont)                                         AR20140003957



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