IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20140007296 


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, payment of his loans as part of his enlistment in the Arkansas Army National Guard (ARARNG) under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

   a.  The date he signed the National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document), SLRP Addendum, ARNG) should be the same date he signed his enlistment contract.  As a new recruit entering into the military on 29 September 2009, he had no way of knowing the policy and procedures for the ARNG Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year (FY) 2007 (Policy Number 
07-06 with Updates) effective 1 March 2009.  He trusted his recruiter as well as the Military Entrance Processing Station (MEPS) processing personnel.  He did not have his promissory note for his student loans with him, nor did he know he wouldn’t be entitled to this benefit for not having the documentation on the date of enlistment.  He requested an exception to policy but the NGB denied his request. 

	b.  He is requesting reconsideration to the exception to policy for the SLRP in order to backdate the current date of the contracted incentive to the date of enlistment.  He was unaware that he needed a promissory note in order to receive the loan repayment on the date of enlistment.  He was told only to bring his birth certificate, social security card, and driver’s license.  He was advised that he could bring the promissory note to his recruiter at a later date and would still be eligible for student loan repayment.  He submitted the promissory note to his recruiter shortly after and prior to departure for basic training and advanced individual training January of 2010.  After returning home in May, he completed and submitted the necessary documentation to begin receiving the student loan repayment.  Following the guidance from the recruiter and the processor should not make him financially obligated for the loans because he was misinformed.  This incentive was the ultimate reason why he joined the ARNG.

3.  The applicant provides:

* Annex L to DD Form 4
* Request for an exception to policy with endorsements
* Denial memorandum from the NGB
* DD Form 4
* DA Form 2823 (Sworn Statement)
* DA Form 4187 (Personnel Action)  

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the ARARNG for 8 years on 29 September 2009.  His DD Form 1966 (Record of Military Processing) shows he enlisted for training in military occupational specialty (MOS) 42A (Human Resources (HR) Specialist), with assignment to Unit Identification Code (UIC) WPQNTO, 2nd Battalion, 153rd Infantry, under the 6x2 enlistment option. 

2.  His records contain Guard Annex (Enlistment/Reenlistment Agreement, ARNG, Service Requirements and Methods of Fulfillment), dated 29 September 2009, that explained his military obligations, methods of fulfilling that obligation, and the participation requirements.  This form shows:

* he agreed to serve 6 years in the Selected Reserve
* he enlisted in the ARNG for assignment to the 2nd Battalion, 153rd Infantry, UIC: WPQNTO
* he enlisted for standard training in MOS 42A

3.  Section 8c of his DD Form 4 states "The agreement in this section and the attached annexes are all the promises made to me by the Government.  Anything else anyone has promised me is not valid and will not be honored." 

4.  His records do not contain Annex L to the DD Form 4; however, he provides it.  This Annex was signed by the applicant, a service representative, and a witnessing official, on 30 November 2009, and is assigned SLRP Bonus Control Number S09XXXXXXAR.  It shows:
* he indicated he was a non-prior service applicant enlisting for UIC WPQNTO for a period of 6 years
* he had 2 disbursed loans existing in the amount of $24,250 (the total amount of repayment cannot exceed $50,000)
* the incentive would be terminated if he transferred out of the critical UIC or critical skill for which the bonus was approved or if he transferred to a non-deploying unit or a unit not specifically authorized a bonus

5.  He entered active duty for training (ADT) on 6 January 2010.  He completed training and he was awarded MOS 42A.  He was honorably released from ADT on 19 May 2010.  

6.  On 6 August 2010, he was reassigned to the position of Paralegal Noncommissioned Officer (NCO) within the 2nd Battalion, 153rd Infantry.  Shortly thereafter, he attended and successfully completed the Paralegal Specialist Course from 13 June to 25 August 2011 at Fort Jackson, SC.

7.  On 30 August 2011, the ARARNG published orders awarding him primary MOS 27D (Paralegal Specialist) and secondary MOS 42A.  He remained assigned to the 2nd Battalion, 153rd Infantry. 

8.  He was ordered to active duty in support of Full Time National Guard Duty and entered active duty on 27 August 2011.  He was honorably released from active duty on 29 February 2012. 

9.  On 9 September 2013, he submitted through his chain of command an exception to policy to retain the SLRP incentive indicating he signed the SLRP Addendum one day after he enlisted and that this administrative error was through no fault of his.  His chain of command recommended approval.  

10.  On 17 March 2014, his immediate commander (Headquarters and Headquarters Company, 2nd Battalion, 153rd Infantry) rendered a memorandum for record.  He stated: 

	a.  Upon receipt of the notification of sourcing and possible mobilization in 2011, manning became priority.  There were no qualified 27D Soldiers within the brigade that he could obtain to fill his unit Paralegal NCO slot.  This slot had been vacant for approximately 5 years, and he felt it was a vital staff function during mobilization.  

	b.  After careful review of performance records and line scores, he determined that the applicant was the best choice to send to 27D MOS.  He was known as a smart Soldier, a hard worker, and a specialist who required little supervision to get the job done.  These qualities made him confident that he was the right choice for the Paralegal NCO slot.  He ordered him to be moved to the slot and immediately scheduled for 27D MOS Qualification Q (MOSQ) Course.  While this move benefitted the Soldier by way of promotion opportunity, that was not the underlying motive, but rather a selling point to the Soldier.  This move was involuntary, and was made for the good of the unit.  He attended the 27D MOS course, became qualified, and was promoted as soon as he met the time in grade/service requirements.  He has since been promoted to sergeant in that same slot.

11.  On 1 April 2014, the NGB denied his request for an exception to policy.  An NGB official stated:

	a.  The reference is ARNG SRIP Policy Guidance for FY 2007 (Policy Number 07-06 with Updates) effective 1 March 2009).  The request for exception to policy to retain the $50,000.00 SLRP is denied due to discrepancies.  The applicant's incentive addendum was signed after the enlistment documents and the bonus control number was requested after the date of enlistment, both violate ARNG SRIP 07-06 Updated 1 March 2009.  The State Incentive Manager (IM) will invalidate the SLRP incentive as no payments have been processed.  

   b.  On 29 September 2009, the applicant enlisted in the ARARNG with an agreement to serve in MOS 42A.  He became duty MOSQ in MOS 42A, and later transferred to MOS 27D on 8 June 2011 due to a unit reorganization.  He signed the SLRP Addendum on 30 November 2009 after the enlistment.  The DD Form 4 and the DA Form 1966 do not substantiate an SLRP incentive being offered.  Additionally, the Bonus Control Number was requested on 30 November 2009; therefore, the request cannot be granted. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an enlistment in the ARARNG on 29 September 2009 with an expectation to receive the SLRP incentive.  In connection with this enlistment, he executed an SLRP Addendum - on 30 November 2009 - that promised him the incentive in exchange for a 6-year commitment in MOS 42A and UIC WPQNTO (2nd Battalion, 153rd Infantry).  The SLRP Addendum was signed by the applicant, a witnessing official, and a service representative.  

2.  He completed training and he became MOSQ in MOS 42A in May 2010.  He was later trained in and transferred to MOS 27D in November 2011, albeit within the same unit, in what appears to have been a unit reorganization.  His transfer to another MOS was an involuntary action.  

3.  Although his enlistment contract clearly stated the agreement in his contract and the attached annexes were all the promises made to him by the Government and that anything else anyone had promised him is not valid and will not be honored, he clearly enlisted in good faith, followed the instructions of the subject matter experts that enlisted him, signed the addendum that he was told to sign, and he was issued a Bonus Control Number.  He completed training in the MOS he contracted for and he continues to satisfy the contractual obligations he contracted for.  

4.  It is clear that administrative errors were committed in the processing of his enlistment.  It is equally clear as a result of this improper guidance he is being denied a hard-earned incentive.  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 all payment of his authorized loans in accordance with 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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

* amending Annex L to the DD Form 4 to show it was executed, witnessed, and assigned a Bonus Control Number, on 29 September 2009, the same date he enlisted in the ARNG






* showing he provided the State IM a copy of all promissory notes and proof of disbursement upon his enlistment
* paying out of ARNG funds all his authorized loans in accordance with his contract subject to the threshold amount listed on this contract 



      _______ _   _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)                                         AR20140007296



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ABCMR Record of Proceedings (cont)                                         AR20140007296



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