IN THE CASE OF: 

		BOARD DATE:	    26 June 2014

		DOCKET NUMBER:  AR20140008403 


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, an exception to policy (ETP) for retention of the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states:

	a.  She was offered the SLRP incentive in good faith when she enlisted in the Virginia Army National Guard (VAARNG) and she signed all the required documents.  At that time, she was not informed that there was Selected Reserve Incentive Program (SRIP) guidance that required an Armed Forces Qualification Test (AFQT) score of 50 or higher to be eligible for any incentives.  Her AFQT score was 45 and she was still offered the SLRP incentive at the time of her enlistment.

	b.  She believes it is against Soldier morale and ethics to withhold this benefit from her.  She serves as a full-time SLRP manager.  She knows how important this benefit is and how much of an impact its services can provide.

3.  The applicant provides copies of the following:

* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment)
* Annex S to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum – ARNG of the United States
* National Student Loan Data System Financial Aid Review
* DD Form 2475 (Department of Defense Educational Loan Repayment Program Annual Application)
* two ETP Request memoranda
* ETP denial memorandum

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 6 December 2005, the applicant completed and signed a DD Form 1966 and acknowledged that she understood she was eligible for an enlistment bonus and the SLRP incentive.

3.  She enlisted in the VAARNG on 6 December 2005.

4.  On the same day, she executed and signed an Annex S for the SLRP under the SRIP.  The addendum states in:

	a.  Section II (Eligibility), paragraph 1a, "I have an AFQT score of 50 or above" (the form does not list her score); and

	b.  Section VI (Statement of Understanding), paragraph 1, "I have read my contract and I will receive a copy of this addendum with my enlistment packet."

5.  A National Student Loan Data System Financial Aid Review shows her total loans amount were $7,950.00 as of 2005.

6.  On 22 March 2012, she completed and signed a DD Form 2475 for payment of a student loan to Sallie Mae in the amount of $9,046.25.

7.  In two separate memoranda, dated 2 February 2013, subject:  Request ETP for SLRP Incentive (Applicant), the applicant and the applicant's battalion commander requested an ETP for her SLRP.  The memoranda each stated the applicant never received payment due to the SLRP Addendum not being uploaded in the system and a hard copy not being located.  In 2011, the SLRP Addendum resurfaced and was uploaded into the interactive Personnel Electronic Records Management System (iPERMS) and the hard copy was provided to the Education and Incentives Office.  Now that all the required documentation had been submitted and uploaded in the system, the payments which were to start in Fiscal Years (FY) 2007-2009 cannot begin because funds for FY07 are closed out by the Defense Finance and Accounting Service and cannot be paid without an approved ETP request.

8.  In a memorandum from the National Guard Bureau (NGB), dated 29 April 2014, subject:  Request for ETP for SLRP (Applicant), the ARNG Deputy G-1 denied the applicant's request for an ETP to retain the $20,000.00 SLRP and advised her that the State Incentive Manager would invalidate the incentive and no payments were authorized.

	a.  The ARNG Deputy G-1 further stated the applicant's AFQT score did not meet eligibility criteria for the incentive which violated ARNG SRIP 06-02 and cited the applicant's contract/agreement details.

	b.  During a review of the applicant's accession packet, NGB discovered the applicant was not eligible to receive the SLRP in accordance with SRIP guidance.  In addition, there is no evidence to support that a submission for payment was requested by the applicant for each year of service being performed as required under the SRIP agreement.  Due to the current funding constraints and multiple FY funding closures, the request could not be granted.  She may file a claim with the ABCMR if she believed an error or injustice still existed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant executed an addendum for an SLRP incentive on 6 December 2005.  The addendum stated the individual must have an AFQT of 50 or higher to be eligible for the incentive.  A review of her packet revealed that she was not eligible for the incentive based on her AFQT score.

2.  On 22 March 2013, she submitted a DD Form 2475 for payment to one of her loan holders.  On 2 February 2013, she requested an ETP for the SLRP incentive.  She stated that her contract was not uploaded into iPERMS in 2005 and a hardcopy resurfaced and was uploaded into iPERMS in 2011.  She could not be paid because DFAS had closed the books for funding for FY07 and she would need an approved ETP request for payment.

3.  NGB denied her request for an ETP because her AFQT score did not meet eligibility criteria for the incentive under the SRIP guidance.  The ARNG Deputy G-1 further stated there was no evidence she had requested payment under the SRIP guidance for each year of service being performed and her request could not be granted due to current funding constraints.

4.  There is no evidence of record and she did not provide sufficient evidence to show her AFQT score met the eligibility criteria for the incentive.  It is unfortunate that she believes she was misled; however, she knew or should have known of the requirements for an AFQT score of 50 or higher based on the Annex S she executed.  By her own admission, her AFQT score was 45.  The evidence shows she did not submit a request for payment under the SLRP until 2012.  She has not shown that she was erroneously or unjustly denied the SLRP incentive.

5.  Therefore, without evidence to the contrary, the action taken by NGB to invalidate the incentive appears to be proper.

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)                                         AR20140008403



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008403



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1