IN THE CASE OF: 

		BOARD DATE:	      21 May 2014

		DOCKET NUMBER:  AR20140005392 


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 for continued Student Loan Repayment Program (SLRP) payments or at least a final payment for Fiscal Year 2012 (FY12).  She further requests payment of an additional $164.24 on her largest loan. 

2.  The applicant states she is due at least one final SLRP payment on her loans for FY12, which is before Education and Incentives Operational Message (EIOM) 13-003 terminated her contract.

	a.  She accepted an Active Guard Reserve (AGR) tour with the understanding that she was still eligible for the SLRP based on the EIOMs in effect at the time.  She received her initial SLRP payment in 2007 and continued to receive annual payments until 2011.

	b.  Due to the non-payment on her loans she still owes $7,696 of an original loan debt of $18,375.  If her bonus addendum is still correct she should have received $18,000.  Upon further calculation of the amounts paid to her student loans she also sees that she did not receive 15% of the total loan on her largest loan, annually.  She only received 14.6% which calculates to a shortage of $164.24 for the 4 years.  She states she signed her SLRP agreement based on the policy in effect at the time.  She feels that she should be paid the remaining balance of her SLRP.

3.  The applicant provides: 

* notification of incentive eligibility termination
* signature authority memorandum for record
* second review request for exception to policy for SLRP for the applicant 
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum)
* Student Loan Data Download
* two DA Forms 2823 (Sworn Statement) 
* multiple student loan vouchers
* NGB memorandum of clarification of SLRP benefits upon acceptance of an AGR and/or military technician (Mil Tech) position
* email

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 16 November 1999.  She has served continuously in the ARNG since that time.

2.  On 14 October 2005, she extended her initial enlistment contract for a period of 6 years resulting in a new expiration term of service date of 15 November 2011.  Block 8 (Provisions and Computations of This Extension) of the DA Form 4836 contains the following annotation: "I am reenlisting for the reenlistment bonus."  This form is void an entry indicating entitlement to the SLRP in connection with this extension contract.

	a.  Her record contains a Reenlistment/Extension Bonus Addendum showing she was to receive an extension bonus for a 6-year extension contract.  This document shows it was signed and dated by the applicant and a service representative on 19 November 2005.  It was verified by the State Incentive Manager on 13 December 2005.

	b.  Her record also contains a SLRP Addendum showing she had ten existing loans in the disbursed amount of $17,031.00.  It shows the total amount of repayment for qualifying loans would not exceed $18,000.  It also shows the applicant signed the addendum on 19 November 2005.  Though it was not signed and dated by a service representative, the SLRP contract was verified by the State Incentive Manager on 13 December 2005.  It also shows it was assigned an SLRP control number.

		(1) Section III - Entitlement and Payments, paragraph 3 states the portion that may be repaid annually on any qualifying loans(s) will not exceed 15 percent (not to exceed $3,000.00 per year) of the total of all loans or $500, whichever is greater. 

		(2) Section V - Termination shows she acknowledged that her SLRP eligibility would be terminated if she accepted a Title 32 AGR tour.

3.  National Guard Bureau (NGB) memorandum, subject:  Fiscal Year (FY) 06 Selected Reserve Incentive Program (SRIP) Policy Guidance for 1 October 2005 - 30 September 2006 (Policy Number 06-02), dated 4 October 2005, stated that current ARNG Soldiers with existing loans may extend their enlistment for a term of not less than 6 years from the date of the SLRP agreement in order to establish eligibility for the SLRP.  The amount of SLRP will not exceed $20,000 with a maximum payment of 15 percent or $500 whichever is greater ($3,000 cap per Soldier per year).  Payment is based upon original principle and does not include interest.

4.  NGB memorandum (NGB-EDU-09-001), subject:  Change to AGR and Mil Tech Termination and Recoupment Rules, dated 29 October 2008, states in paragraph 2a that any enlisted Soldier currently under contract for an incentive governed by Memorandum, NGB-ARM, 10 August 2007, subject:  ARNG SRIP Guidance for FY 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06) and who accepts an AGR position with the ARNG will have their incentive terminated without recoupment.

5.  On 1 September 2009, she entered the AGR program.

6.  NGB memorandum (NGB-EDU-09-058), subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Mil Tech position, dated 14 September 2009, stated Soldiers ordered to active duty in the State (Title 32) AGR program would be entitled to SLRP payments as long as they remained serving under their initial contract and/or agreement for which SLRP was awarded, "pending service member has received first anniversary payment and has remained in good standing."

7.  An email message subject: Disposition of SLRP Contracts for Select AGR and Military Technician Personnel Message, dated 14 March 2013, rescinded NGB memorandum (NGB-EDU-09-058), subject:  Clarification of Continuing SLRP Benefits upon Acceptance of an AGR and/or Mil Tech position, dated 14 September 2009.  This email message stated those Soldiers with SLRP contracts who accepted an AGR position between 18 April 2009 and 3 November 2010 were eligible for ETP consideration as stipulated within Army Regulation 601-210 (Active and Reserve Components Enlistment Program).  These personnel would be processed for an ETP according to established guidance.

8.  She provides a DA Form 2823, dated 6 August 2013, stating at the time she completed the extension contract (DA Form 4836) an SLRP Addendum was not completed because the Readiness Noncommissioned Officer was initially unaware that she was eligible for the SLRP.  She signed the SLRP Addendum on 19 November 2005 with the understanding that an officer would sign it the next time he had a chance.  At the time she thought her contract was complete.

9.  NGB memorandum, subject: Second Review Request for ETP for SLRP [Applicant] (This ETP Supersedes the ETP Request dated 15 January 2014), dated 4 March 2014, stated the State Incentive Manager would terminate the incentive effective the day prior to her entering an AGR status with relief of recoupment of payments received while in the AGR status.  The ETP to retain the $20,000 SLRP was denied due to the following discrepancies.

	a.  The applicant accepted an AGR position between 17 April 2009 – 3 November 2010 which violated ARNG SRIP 06-02.

	b.  The applicant's incentive addendum contains missing signature dates from the witnessing official which violated ARNG SRIP 06-02.

   c.  The applicant's incentive addendum was signed after the reenlistment/extension documents which violated ARNG SRIP 06-02.

10.  A Joint Force Headquarters – Montana memorandum, dated 11 March 2014, notified her that her SLRP contract was terminated with relief of recoupment effective 31 August 2009.

11.  She provides:

	a.  a Corporate Electronic Document Management System printout, dated 19 March 2014, showing ten payments were made on her student loans;

	b.  a National Student Loan Data System printout, dated 19 March 2014, showing she had ten student loan disbursements totaling $17,926.00 of which an amount of $2,426.00 was cancelled indicating she had a total net student loan amount of $15,500.00; and

	c.  ten military pay vouchers showing the following amounts (total of $14,312.41) were paid against her student loans:

* January 2007 - $2011.24 and $701.25
* January 2008 - $2011.24 and $701.25
* June 2009 - $2011.24 and $701.25
* April 2010 - $2011.24 and $701.25
* June 2011 - $2570.22 and $892.23
DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records show that on 14 October 2005 she extended her initial 1999 enlistment contract for a period of 6 years.  The extension contract does not reflect that she was entitled to the SLRP. 

2.  On 19 November 2005, she executed an after-the-fact SLRP Addendum.  The addendum specifically stated that her SLRP eligibility would be terminated if she accepted a Title 32 AGR tour.  Therefore, her eligibility for the SLRP should have been terminated effective 31 August 2009.  Though subsequent incentive policy allowed for SLRP ETP consideration for Soldiers entering Title 32 AGR status between 18 April 2009 and 3 November 2010 there is no evidence of an error that harmed the applicant or inequity or injustice.  

3.  In regard to her request for payment of an additional $164.24, the applicant should exhaust her available remedies by asking her State to review her SLRP payments to determine the accuracy of those payments. 

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 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)                                         AR20140005392



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ABCMR Record of Proceedings (cont)                                         AR20140005392



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