IN THE CASE OF:	

		BOARD DATE:	9 September 2014  

		DOCKET NUMBER:  AR20140008166 


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 the termination of the Student Loan Repayment Program (SLRP) incentive in the South Carolina Army National Guard (SCARNG) be without recoupment. 

2.  The applicant states she was not aware when she signed her contract that she signed an obsolete addendum.  She should not be made to have the money paid on her behalf recouped.  Additionally, she should receive the SLRP incentive as stipulated in her contract.  The error was not hers, and her recruiter stated she was eligible for the $20,000 incentive as long as she performed satisfactorily.  That was the reason she enlisted in the SCARNG.  She does not believe she should be held liable for something she was unaware of.  

3.  The applicant provides military pay vouchers. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the SCARNG on 29 January 2009.  Her Guard Annex (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) shows she enlisted for training in military occupational specialty (MOS) 68W (Health Care Specialist). 

2.  In connection with this enlistment, she signed a DD Form 1966 (Record of Military Processing), Annex L (SLRP Addendum), and Annex E (Non-Prior Service Enlistment Bonus Addendum).
3.  Her DD Form 1966 shows she enlisted for the 6x2 Non-Prior Service MGIB Kicker, Critical Skill Valid Vacancy ($20,000/6 years) and ARNG Standard Training program (in MOS 68W). 

4.  Annex L was signed by the applicant and an enlisting official on the same date and is assigned SLRP Bonus Control Number (BCN) S09XXXXXXSC.  It explained her military obligations, methods of fulfilling that obligation, and the participation requirements.  However, this addendum was not electronically signed on the day of enlistment, as were all of her other enlistment documents.  Although it displays the correct enlistment date, it is a hand-signed document which is in contrast to the other enlistment documents.  Furthermore, the BCN was not requested until 3 February 2009.  This addendum shows:

* she indicated she was a non-prior service applicant and she agreed to extend in the ARNG for a minimum of 6 years and serve with 122nd Engineer Battalion which is authorized the SLRP
* she indicated she had 2 loans existing in the amount of $7,743,19 and that the total amount of repayment of qualifying loans would not exceed $20,000.00
* the incentive would be terminated if she transferred out of the critical unit or critical skill for which the bonus was approved or if she transferred to a non-deploying unit or a unit not specifically authorized a bonus

5.  She entered active duty for training (ADT) on 26 May 2009 and completed the required training for award of MOS 68W.  She was honorably released from ADT on 3 November 2009. 

6.  It appears she submitted an exception to policy request regarding reinstatement of the SLRP incentive.  However, on 29 April 2014, the National Guard Bureau (NGB) disapproved her request.  An NGB official stated the applicant signed an obsolete addendum on the date of enlistment and received payments on qualifying loans but the enlistment document does not support the SLRP incentive being offered at the time of enlistment.  In addition, the bonus control number was requested after the date of enlistment.  Therefore, remaining consistent with the rules for review, her request is denied. 

7.  An advisory opinion was received on 2 June 2014 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  A G-1 official recommended disapproval of the applicant's request.  The official stated: 

	a.  The Soldier requests relief from termination of a $20,000 SLRP from the SCARNG.  She enlisted for 6 years in the SCARNG on 29 January 2009.  The Soldier has an SLRP contract addendum in her records, but the addendum is outdated and was not electronically signed on the day of enlistment, as were all of her other enlistment documents.  The SLRP addendum displays the correct enlistment date, yet it is a hand-signed document which is in contrast to the other enlistment documents.  Furthermore, the BCN was not requested until 3 February 2009, which makes the addendum null and void.

	b.  The applicant's DD Form 1966 and DD Form 4 appropriately indicate that a Non-Prior Enlistment Bonus and Montgomery GI Bill Kicker were offered, yet do not indicate that the SLRP was offered at the time of enlistment.

	c.  The NGB denied her request for an Exception to Policy on the same grounds as this advisory opinion.  The G-1 agrees with the NGB's decision, and recommends that the Board do the same.

8.  The applicant was provided with a copy of this advisory opinion to allow a chance to respond and/or submit a rebuttal.  She did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for 6 years in the SCARNG on 29 January 2009.  Her DD Form 1966 and DD Form 4 indicated that a Non-Prior Enlistment Bonus and Montgomery GI Bill Kicker were offered; however, neither document indicates that the SLRP incentive was offered at the time of enlistment.

2.  Although her service records contain an addendum, this addendum is outdated and was not electronically signed on the day of enlistment, as were all of her other enlistment documents.  The SLRP addendum displays the correct enlistment date, yet it is a hand-signed document which is in contrast to the other enlistment documents.  Furthermore, the BCN was not requested until after the enlistment date which makes the addendum null and void. 

3.  Regrettably, there is insufficient evidence to grant her the requested relief. 

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)                                         AR20140008166



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008166



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1