BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140008719 


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 her record to show:

* she executed a National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L - Student Loan Repayment Program (SLRP) Addendum Army National Guard (ARNG))
* she is entitled to the SLRP
* her student loans are eligible for repayment under the SLRP
* the SLRP recoupment actions initiated by the NGB were canceled

2.  The applicant states she signed an SLRP Addendum on 17 March 2009.  A Bonus Control Number (BCN) was requested and approved by the State Incentive Manager.  The State Education Office generated a DD Form 2475 (Department of Defense (DOD) Loan Repayment Program (LRP) Annual Application) for each annual payment.  This paperwork was completed and a (National Student Loan Data System (NSLDS) form/sheet was printed off for her previous two annual payments.  This coordination between the Education Office and herself validates the fact that there was an approved Bonus Control Number (BCN) in the bonus system to validate that there was a contract in place and she was eligible for payment.  She is also providing a copy of an email from her unit readiness noncommissioned officer (NCO) to the State Incentive Manager inquiring about validating her loan prior to her reenlistment.  Her SLRP addendum should have been uploaded into the integrated Personnel Electronic Records Management System (iPERMS) and placed in her Official Military Personnel File (OMPF) by the State and a hard copy maintained at the Education Services Office.  She should not be faulted for the poor record keeping of the State.  She continues to fulfill her obligation with the Delaware Army National Guard (DEARNG).  

3.  The applicant provides:

* email, dated 13 March 2009
* Federal Family Education Loan Program (FFELP) – Federal Consolidation Loan Application and Promissory Note), dated 13 June 2006
* Letter – SLRP Anniversary Payment, dated 29 April 2010, 4 May 2010, 
14 June 2011, 29 June 2011, 9 April 2012, and 28 March 2013
* 12 DD Forms 2475, dated 15 May 2010, 8 July 2011, 13 April 2012, and 25 February 2013
* iMARC transmittal letters for SLRP contracts and payments, dated 
14 July 2011
* iMARC transmittal of SLRP bonus incentive documentation, dated 14 July 2011
* three iMARC authorization actions for SLRP bonus accounts, dated 
14 July 2011
* iMARC transmittal letter verification, dated 14 July 2011
* NSLDS form/sheet, dated 4 April 2012
* Sallie Mae loan spreadsheet, undated
* Salle Mae, notarized letter of loan status, dated 25 April 2012
* memoranda requesting an exception to policy (ETP), dated 25 March 2013 and 27 March 2013
* Letter from the applicant, 12 November 2013
* memorandum denying the ETP, dated 7 January 2014
* Sallie Mae account transaction history, dated 11 January 2014

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.  After having previous enlisted service, the applicant reenlisted in the DEARNG on 17 March 2009 for a period of 6 years.  Her unit of assignment, Headquarters and Headquarters Company, 198th Signal Battalion, Unit Identification Code (UIC) WTACT0 was/is listed as a modified table of organization and equipment (MTOE) unit.  At the time of her reenlistment, she held military occupational specialty (MOS) 92Y (Unit Supply Specialist).

3.  Her record does not contain an SLRP addendum.  However, she provided various letters, forms, and a Sallie Mae account/transaction history statement showing the DEARNG made three annual SLRP payments to her loan holder, Sallie Mae.  The first two payments were applied to her account on 14 June 2010 and 28 July 2011, the third payment was not listed.  The DEARNG attempted to a make further SLRP annual payments in 2013 but the attempt was unsuccessful.

4.  Her record contains a DA Form 5501 (Body Fat Content Worksheet), dated 
25 June 2010, showing her height as 65 inches, her screening table weight as 152 pounds, and her authorized body fat percent (%) as 32%.  At the time this form was completed her weight was recorded as 199 pounds and her body fat % was recorded as 42%.  This form indicated she was not in compliance with Army standards.

5.  Her record contains two DA Forms 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 1 July 2010.  These actions initiated two transferable FLAGs effective 26 June 2010.  The first flag was initiated for the "Weight Control program" and the second was initiated for an Army Physical Fitness Test "(APFT)" failure."

	a.  The FLAG for APFT failure was removed effective 19 September 2010 and the case was closed with favorable results.

	b.  The FLAG for the weight control program was removed effective 
4 December 2010 and the case was closed with favorable results.

6.  Her record contains two DA Forms 1059 (Service School Academic Evaluation Report (AER)), dated 18 February 2011 and 4 March 2011.  These AERs show she attended and successfully completed the MOS 92A (Automated Logistical Specialist) phase I and II courses.

7.  Orders Number 097-509, issued by the DEARNG, on 7 April 2011, show she was awarded primary MOS (PMOS) 92Y and secondary MOS (SMOS) 92A, effective 4 March 2011.

8.  Her record contains a DA Form 5501, dated 25 May 2011, showing her weight was recorded as 176 pounds and her body fat % was recorded as 35%.  This form indicated she was not in compliance with Army standards.

9.  Her record contains a DA Form 268, dated 25 May 2011.  This action initiated a transferable FLAG effective 25 May 2011 for the "Weight Control program."  

10.  Orders Number 222-503, issued by the DEARNG on 10 August 2011, withdrew her PMOS of 92Y and SMOS of 92A an awarded her PMOS 92A and SMOS 92Y.

11.  Her record contains a DA Form 268, dated 3 January 2012, showing the FLAG for the "Weight Control program" initiated on 25 May 2011 was removed effective 3 December 2011 and the case was closed with "Other final action[s]."

12.  She provided an ETP request that her company commander sent to the State Incentive Manager on her behalf, dated 25 March 2013, which stated:

	a.  Her commander requested she be allowed to receive/retain the SLRP.  Her commander also stated she reenlisted for 6 years to receive the SLRP under the Selected Reserve Incentive Program (SRIP) 07-06 with updates (effective 
10 August 2007 – 15 June 2010.)  

	b.  Although the SLRP addendum is missing, a review of her DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows the SLRP BCN was requested and approved prior to her reenlistment.  This indicates the incentive was offered by the DEARNG in good faith and she has fulfilled her obligations under the contract as of the date of her reenlistment.  

	c.  Three DD Forms 2475 were generated and processed for three annual payments to her lender.  Additionally, the applicant is currently preparing for her second deployment with her unit and has been an asset to the DEARNG.  

13.  She provided an ETP request the DEARNG, Deputy Chief of Staff, Personnel sent the NGB on her behalf, dated 27 March 2013.  This request mirrors the previous request submitted by her company commander but added she should not be penalized for the State's error.

14.  She provided a letter, dated 12 November 2013, wherein she stated:

	a.  She reenlisted for 6 years.  She was MOS qualified (MOSQ) in MOS 92Y at the time of her reenlistment.  The position she held during drill weekends was a 92A position.  Finally, her administration NCO asked her if she wanted to go to school to become 92A MOSQ in her current position.  The NCO explained that this would help the unit bring the MOSQ rates up, but it would also get her promoted since the MOS 92Y was currently overstrength in her State.  Since her SLRP contract was based on her UIC and not her MOS she jumped at the chance to accept the opportunity.

	b.  She is asking for an ETP for the SLRP because the DEARNG lost her SLRP addendum.  The State Incentive Manager provided her with the necessary paperwork which resulted in three annual payments.  If there was not a contract in place she would not have been paid at all.

	c.  According to her company commander, her reenlistment paperwork states an incentive was offered at the time of her reenlistment and an SLRP BCN was requested and approved in iMARC prior to the date of her signature on her reenlistment contract.  

15.  She provided a memorandum from the NGB, dated 7January 2014, showing the NGB denied her requested ETP and stated the DEARNG State incentive manager would be terminating her SLRP incentive with recoupment effective the date of contract start date.  The NGB also stated:

	a.  The applicant's SLRP addendum could not be found, which violates ARNG SRIP policy number 07-06, updated (1 March 2009 to 15 June 2010).

	b.  The applicant is not serving in MOS 92Y, the MOS for which she contracted.  This is a violation of ARNG SRIP policy number 07-06, updated 
(1 March 2009 to 15 June 2010).  She voluntarily transferred out of her contracted MOS effective 4 August 2011.  

	c.  No BCN was requested, which was a violation of the ARNG Guard Implementation Guidance for the ARNG critical skill Reenlistment Bonus (REB), dated 1 February 2008.

	d.  The applicant executed an extension that identifies an incentive being offered and a review has determined she received a REB. She claims the SLRP was offered for the same extension period, but she can not substantiate this claim because the SLRP BCN was requested approximately 1 year after the date the extension.  Furthermore, the SLRP incentive addendum cannot be located.  As such the ETP for the SLRP cannot be granted.  




16.  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 
10 August 2007 – 30 September 2009 (Policy Number 07-06) with updates, issued by the NGB on 10 August 2007 and updated on 17 February 2009, states in:

	a.  Paragraph 9 (Enlisted SLRP) that no SLRP contract may exceed $50,000.00.  Additionally, payments on loans cannot exceed the amount authorized under the initial contract.  For example, if a Soldier initially contracted for a $20,000.00 SLRP, he or she cannot contract later for a different amount even if they are otherwise qualified for a higher SLRP amount.  Applicants/Soldiers must have one or more qualifying and disbursed loans at the time of enlistment.  Furthermore, Soldiers must enlist into an MTOE or deploying TDA unit.

	b.  The ARNG offers a SLRP to Prior Service (PS)/REB Soldiers as a retention incentive.  It may be offered in addition to any PS/REB incentive.  The total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15% or $500.00 per year, whichever is greater.  PS and REB Soldiers must meet the following eligibility requirements to receive the SLRP: must enlist, reenlist, or extend for a period of not less than 6 years; have not previously received the SLRP as an enlistment, re-enlistment or extension option in the Selected Reserve; and must be MOSQ for the position for which enlisting or extending.  Soldiers who enlist/extend/reenlist in an MTOE unit will receive the $50,000 SLRP.

17.  NGB Form 600-7-5-R-E (Annex L - Student Loan Repayment Program (SLRP) Addendum Army National Guard (ARNG) is required for verification of ARNG eligibility for the SLRP incentive.  

	a.  In Section III (Acknowledgement) the applicant must acknowledge that they understand/agree that in connection with their enlistment, reenlistment, or extension in the ARNG, for entitlement to the SLRP, "I acknowledge that I meet the following eligibility criteria":

		(1)  "I am enlisting, affiliating, reenlisting, or extending into a valid incentive eligible position. Excess, over-strength, and manually loaded vacancies are not authorized incentives.  I will remain in an authorized position for my entire service obligation."

		(2)  "I have furnished the Military Entrance Processing Station Counselor (non-prior service)/State Incentive Manager or his representative (prior service/in-service member) with a copy of my NSLDS Aid Summary sheet and NSLDS Detail Loan Information sheet(s) upon enlistment/reenlistment/extension. These documents must be uploaded into iMARC prior to issuance of a Control Number (CN)."

		(3)  "Retroactive authority for this incentive is not authorized after the date the service agreement is signed."

		(4)  "Applicants/In-Service Soldiers must have six years remaining on their service obligation when signing their SLRP incentive addendum or an extension."

		(5)  "If extending or reenlisting, I must be DMOSQ and the primary position holder for that MOS."

		(6)  "I am enlisting/reenlisting/extending for a term of service of not less than 6-years, for an SLRP incentive of up to $50,000.00."

		(7)  "I am DMOS qualified for the position that I am enlisting/reenlisting/extending."

	b.  In Section IV (Contractual Commitment) the applicant must acknowledge that they understand/agree that in connection with their enlistment, reenlistment, or extension in the ARNG, for entitlement to the SLRP, "I incur the obligations of this contractual commitment, as follows":

		(1)  "I hereby agree to serve in the Selected Reserve of the ARNG for not less than six years."

		(2)  "I shall serve satisfactorily, as prescribed by the regulations of the Selected Reserve, the obligated term in the Selected Reserve according to my written agreement, unless excused for the convenience of the government."

		(3)  "It is my responsibility to submit annual NSLDS statements and a DD2475 for each loan that I am seeking annual repayment, prior to completion of each year of satisfactory service under this agreement."

	c.  In Section VI (Suspension) the applicant must acknowledge that they understand/agree that in connection with their enlistment, reenlistment, or extension in the ARNG, for entitlement to the SLRP, "I understand that my eligibility under the program continues unless or until I do one of the following":

		(1)  "A Soldier who has a suspension of favorable personnel action (FLAG) initiated per Army Regulation 600–8–2 (FLAGs) will not be processed for an initial or anniversary payment.  Bonus payment(s) will be processed effective on the date the suspension is lifted for those Soldiers who have continued eligibility.  This excludes suspension of favorable personnel actions for the APFT failure or failure to meet body fat standards.  Repeat APFT failure or failure to meet body fat standard within a one-year period will result in the suspension of an incentive.  Two consecutive APFT or body fat standard failures will result in the termination of an incentive."

		(2)  "As an exception, Soldiers affected by unit transition and required to change MOS/AOC but remain eligible for an incentive may receive subsequent payments before qualifying in the new specialty.  The Soldier is required to become qualified in the new MOS/AOC within 24 months." 

	d.  In Section VIII (Termination Without Recoupment) the applicant must acknowledge that they understand/agree that in connection with their enlistment, reenlistment, or extension in the ARNG, for entitlement to the SLRP, "Incentive eligibility will be stopped when any of the termination reasons as listed below apply and that member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date.  Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment imposed by any other law or regulation.  Termination of eligibility to an incentive will occur, if a Soldier":

		(1)  "Voluntarily moves to a nonbonus unit or MOS," or

		(2)  "Two consecutive APFT or body fat standard failures within a one-year period will result in the termination of an incentive."

	e.  In Section XVI (Authentication) the applicant must acknowledge that they understand/agree that in connection with their enlistment, reenlistment, or extension in the ARNG, for entitlement to the SLRP, "I have read and understand each of the statements above and the statements contained in my written agreement signed by me and understand that they are intended to constitute all promises or agreements whatsoever concerning my SLRP.  No other promise, representation, or commitment has been made to me in connection with my enlistment, reenlistment, or extension for this incentive."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she completed an SLRP addendum on 
17 March 2009 and the State lost her addendum/failed to file it in her records has been carefully considered.

2.  She met the criteria of the pertinent SRIP message for reenlisting/extending in an MTOE unit for a period of 6 years on 17 March 2009.  The evidence of record shows:

	a.  An SLRP BCN was processed and approved through the iMARC system.

	b.  She received annual SLRP payments in FY 2010, FY 2011, and presumably in FY 2012.

	c.  Her command supported the argument that she completed an SLRP addendum which the State lost/failed to file in her record.  

	d.  The State offered her the SLRP in good faith and she should not be penalized for their error.  

3.  Based on the foregoing evidence it is clear she completed an SLRP addendum authorizing her annual SRIP bonus payments.  Furthermore, these annual SLRP payments were authorized as long as she upheld the terms of the SLRP addendum and did not do anything that would require termination of SLRP.

4.  She was entitled to have an SLRP addendum filed in her OMPF; however, the length of her entitlement to the annual payments needs to be addressed.  The SLRP addendum she would have completed clearly states two consecutive body fat standard failures within a one-year period will result in the termination of an incentive.  However, this is a termination without recoupment.  

	a.  Her record contains two body fat content worksheets showing she exceeded her authorized body fat % on 25 June 2010 and 25 May 2011.  She was flagged on both occasions.  

	b.  She had two consecutive body fat standard failures within a one-year period.  Therefore, her SLRP incentive should have been terminated without recoupment effective 25 May 2011.  

	c.  She would have been eligible for an SLRP payment in March 2010 and March 2011, and since the SLRP addendum requires termination without recoupment she is not required to repay these annual payments.  

5.  Based on the foregoing evidence, her record should be corrected to show she had a valid SLRP contract, dated 19 March 2009.  However, her record should also be corrected to show this contract or her entitlements to the SLRP annual payments was terminated without recoupment, effective 25 May 2011, due to her two consecutive body fat standard failures within a one-year period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by:

* showing she properly executed an NGB Form 600-7-5-R-E (Annex L - Student Loan Repayment Program (SLRP) Addendum Army National Guard (ARNG)) on 17 March 2009
* her entitlement to the SLRP incentive was terminated without recoupment effective 25 May 2011 due to her two consecutive body fat standard failures within a one-year period
* any current SLRP recoupment actions pending for the annual payments made in 2010, 2011, and 2012 will be cancelled

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to her receipt of further annual SLRP payments. 



      _______ _  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)                                         AR20140008719



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008719



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1