IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20140007510 


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 he was eligible for the Enlisted Loan Repayment Program (ELRP) when he reenlisted on 24 September 2010.

2.  He states:

	a.  He contracted for the ELRP when he reenlisted on 24 September 2010.  One payment was made in 2011, and he has been patiently waiting for additional payments since then.  On 21 April 2014, the National Guard Bureau (NGB) determined he was not eligible for the ELRP when he reenlisted.  NGB denied his request for the ELRP and seeks to recover the payment made in 2011.  There is no way he could have known as an enlisting Soldier that his ELRP addendum was incorrect.  

	b.  The Military Entrance Processing Station (MEPS) put the ELRP on his contract 4 years ago, and this was the reason for his reenlistment in 2010.  He made this clear to his recruiter and the MEPS counselor.  Because he was not properly informed of the problem with the ELRP, he has not made any payments on his student loans for 4 years while waiting for the Army to uphold its end of the contract.  This has impacted both his morale as a commissioned officer and his finances.  He has given the Army 12 years of service, he has been commissioned, and he is currently in a contract that takes him through 16 years of service.  

3.  He provides:
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 – ELRP Addendum – Army National Guard (ARNG) of the United States)
* two self-authored memoranda, subject:  Exception to Policy (ETP) ELRP
* memorandum, subject:  Military Student Loan Repayment Delay [Applicant]
* e-mail
* DA Form 1559 (Inspector General (IG) Action Request)
* memorandum, subject:  Request for ETP for Student Loan Repayment Program [Applicant]
* DA Form 1059 (Service School Academic Evaluation Report) with associated documents

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Indiana ARNG (INARNG) on 9 March 2001, and he was honorably discharged on 8 March 2008.  During this period of service, he was trained in and awarded military occupational specialty (MOS) 42A (Human Resources Specialist).  

2.  Following a break in service, on 24 September 2010, he enlisted in the INARNG for a period of 6 years.  The Guard Annex completed at that time shows he acknowledged that he was enlisting to serve in 1448th Transportation Company (unit identification code (UIC) WQPEAA) and for training in MOS 88M (Motor Transport Operator).  

3.  An ELRP Addendum, signed by the applicant and a service representative on 24 September 2010, shows the applicant acknowledged that he:

* met ELRP eligibility criteria as a prior service applicant enlisting in UIC WQPEAA
* was duty MOS qualified (DMOSQ) for the position for which he was enlisting
* was enlisting for a 6-year period
* had eight disbursed loans in the amount of $31,718.00 and that the total amount of repayment for qualifying loans would not exceed $50,000.00  

He also acknowledged that his ELRP would continue if he accepted appointment as an officer in the ARNG and that the timeline of the original contract would remain in effect.  The service representative confirmed that he had verified that the applicant met the requirements for the incentive.

4.  On 26 November 2010, Joint Forces Headquarters Indiana issued Orders 330-1000 releasing the applicant from duty as a heavy vehicle driver in the 1438th Transportation Company and transferring him to duty as a human resources specialist with Company B, 38th Infantry Division, effective 1 November 2010.  The orders show his MOS was 42A.  

5.  His record is void of documentation showing he completed training for MOS 88M or that he was awarded this MOS.

6.  On 23 September 2012, he was honorably discharged to accept appointment as a commissioned officer.  The NGB Form 22 (Report of Separation and Record of Service) issued at that time shows he held MOS 42A.  Effective 24 September 2012, he was appointed a second lieutenant in the INARNG.  

7.  On 21 April 2014, the Deputy G-1, ARNG, NGB, denied a request for an ETP allowing the applicant to retain the ELRP and directed the State Incentive Manager to terminate the incentive with recoupment effective the contract start date.  The memorandum lists two reasons for denying the ETP:

* the applicant was a prior service applicant who enlisted non-DMOSQ, which violated Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures)
* the addendum was obsolete, which violated ARNG Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) policy 

8.  On 24 April 2014, he completed the Quartermaster Basic Officer Leader Course, and he continues to serve in the INARNG.

9.  He provides, in part:

	a.  a self-authored memorandum, dated 14 November 2013, showing he requested an ETP allowing him to add loans to his ELRP contract;

	b.  a memorandum, dated 3 December 2013, from a Battalion Incentives Manager, showing there were delays in completing the ELRP payment process for the applicant for Fiscal Year 2012 and 2013; 

	c.  a DA Form 1559, dated 20 March 2014, showing he requested IG action on his ELRP payments; and

	d.  a self-authored memorandum, dated 16 April 2014, in which he stated, in part, that he was not DMOSQ for MOS 88M when he enlisted in 2010, that he was not aware of the policy that he had to be DMOSQ, that he was not informed of that policy by his recruiter or guidance counselor; and that there was no way he would have known about this stipulation when he enlisted.
10.  NGB Education Division Instruction 1.1 (CHELRP), dated 1 October 2009, provided the CHELRP policy in effect at the time of the applicant's enlistment in 2010.  In addition to several general requirements, all prior-service enlistees were required to meet the following ELRP eligibility criteria:
 
* enlist for 6 years 
* enlist into a specified type of unit, including MTOE units 
* must not have ever previously received the ELRP as an enlistment, re-enlistment or extension option in the Selected Reserve 
* must be DMOSQ for the position for which enlisting

DISCUSSION AND CONCLUSIONS:

1.  On 24 September 2010, the applicant enlisted for MOS 88M and assignment to a transportation company.  The ELRP Addendum he signed at that time clearly stated that he had to be DMOSQ to be eligible for the ELRP.  His record is void of documentation showing that he had been awarded MOS 88M prior to this enlistment.  In fact, the record shows that the only MOS he held during his enlisted service in the INARNG was MOS 42A.  The record also shows that he was relieved from duty with the transportation company for which he enlisted and assigned to a new unit within weeks of reentering military service.  

2.  Although he states there is no way he could have known as an enlisting Soldier that his ELRP addendum was incorrect, it is reasonable to presume that, as a prior service enlistee with 7 years of service in the INARNG, he would have been well aware of his MOS qualifications.  It is noted that a service representative erroneously confirmed that the applicant met the ELRP criteria, and it appears at least one ELRP payment was made on his behalf.  Notwithstanding these errors, the record fully supports NGB's decision to terminate the applicant's ELRP incentive with recoupment.  

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 that 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)                                         AR20140007510





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ABCMR Record of Proceedings (cont)                                         AR20140007510



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