IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20140007917 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of an earlier request to correct the applicant's records to allow him to retain the Student Loan Repayment Program (SLRP) offered at the time of his enlistment in the California Army National Guard (CAARNG) in 2010.

2.  Counsel states:

	a.  the gist of the Board's decision is the simplistic assumption that when the applicant signed his SLRP Addendum in connection with his 2010 enlistment in the CAARNG he lied.  Nothing could be further from the truth.

	b.  when the Board considered the applicant's evidence, they only considered a CAARNG memorandum, dated 23 April 2012, from the Senior Guidance Counselor Los Angeles Military Entrance Processing in El Segundo, CA, (service representative) in reaching their decision that the applicant lied.  

	c.  the service representative provided a memorandum, dated 30 January 2014, indicating the applicant did not lie or do anything improper when he was instructed by the higher-ranking sergeant first class (SFC) to initial item 2a on the SLRP Addendum. 

3.  Counsel provides a memorandum, dated 30 January 2014, from the service representative.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130002328 on 15 October 2013.

2.  Counsel provides a memorandum, dated 30 January 2014, from the service representative who states:

	a.  he would like to set the record straight, the applicant was fully qualified to receive the SLRP benefits at the time of enlistment.

	b.  he did his due diligence prior to executing the SLRP contract with the applicant in April 2010.  When he executed the SLRP contract with the applicant, he was eligible and met all the eligibility criteria for the SLRP incentive.  He ran the applicant's name through the proper military system and there were no red flags or anything that indicated that the applicant was ineligible for an SLRP incentive.  Furthermore, he was able to get the applicant an official SLRP bonus control number without a problem since his record indicated he was eligible for the SLRP bonus.

	c.  also, when he reviewed the SLRP contract with the applicant, he instructed the applicant to initial item 2a on the SLRP Addendum since he technically never received an SLRP in 1999; it was actually terminated and invalid per the record.  Therefore, it was appropriate for him to instruct the applicant to initial such section.

	d.  with that being said the applicant has always been eligible for the 2010 SLRP incentive that he executed with the applicant because he technically met all the SLRP criteria.

	e.  in all fairness, the applicant deserves the SLRP bonus.

	f.  he has known the applicant for over 4 years and he is a phenomenal member of the military and civilian community.  He is a solid Soldier who looks and acts the part.  He vouches for his character and feels he shouldn't have to deal with this inconvenience on his SLRP incentive.

3.  The memorandum provided by counsel is new evidence that will be considered by the Board.

4.  Having prior service in the U.S. Army Reserve (USAR), Regular Army, and CAARNG, he enlisted in the USAR on 19 October 1995.  His SLRP Addendum, dated 19 October 1995, shows he enlisted for the SLRP in the amount of $10,000.00.  

5.  Records show in November 2003, the applicant's 1995 SLRP Addendum was determined to be an invalid addendum and a debt was incurred.

6.  His National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum – ARNG of the United States), dated 9 April 2010, completed in conjunction with his 2010 enlistment in the CAARNG shows in Section II (Eligibility):

	a.  (1)  item 2a, "I have not previously received the SLRP as an enlistment, reenlistment or extension option in the Selected Reserves."

	b.  (2) item 2c, he had three disbursed loans existing in the amount of $20,592.53 and that the total amount of repayment for the qualifying loans would not exceed $50,000.

7.  Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be allowed to retain the SLRP offered at the time of his enlistment in the CAARNG in 2010.

2.  The applicant's initial request was denied based on the following:

* he was not authorized to receive the SLRP incentive because he had previously received an SLRP incentive from the USAR in 1995
* in 2010, he signed an SLRP Addendum indicating he had not previously received the SLRP as an enlistment, reenlistment or extension in the Selected Reserve   

3.  Counsel provides a memorandum, dated 30 January 2014, from the service representative who states:

* the applicant was fully qualified to receive the SLRP benefits at the time of enlistment in the CAARNG in 2009
* he instructed the applicant to initial item 2a on the SLRP Addendum
* the applicant technically never received an SLRP in 1999
* the SLRP was actually terminated and invalid   

4.  To date, the applicant has served 4 years of service in the CAARNG.  

5.  Therefore, based on the 30 January 2014 memorandum from the service representative, combined with the November 2003 document that confirms the earlier SLRP incentive was determined to be invalid, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the SLRP in accordance with his SLRP Addendum, dated 
10 April 2010.

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 amendment of the ABCMR’s decision in Docket Number AR20130002328, dated 15 October 2013.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing the SLRP was a valid incentive option and allowing him to retain the SLRP as outlined in his NGB Form 600-7-5-R-E, dated 10 April 2010;

	b.  recouping any monies (if any) owed to the Government for his 1995 SLRP debt; and

	c.  paying him the 2010 SLRP out of ARNG funds as a result of the above corrections.



      _____________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)                                         AR20140007917





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ABCMR Record of Proceedings (cont)                                         AR20140007917



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