BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20140009188 


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 correction of his records to show his entitlement to the Student Loan Repayment Program (SLRP) in the amount of $50,000.00.

2.  The applicant states:

	a.  In 2010, he joined the Army National Guard (ARNG) to help pay for furthering his education using the SLRP.  While in basic training, he discovered that the person who had worked with him on his enlistment and SLRP went through some traumatic issues and his paperwork was pushed aside and sent in late.

	b.  For the last 4 years, he continued to struggle with what happened and why his SLRP has not been getting paid on his anniversary dates.  He has been told to continue to submit his loan paperwork and that everything was good when it was not.  He found out he was rejected because of no fault of his own.  Until this is resolved, he is stuck making interest payments on loans that should have already been paid off.  He is asking for correction of this as soon as possible as he has tried all he can do and just wants this nightmare to be over.

	c.  He is attaching his SLRP document, his exception to policy (ETP) request, and the ETP denial notification.  He did not enlist for any other type of incentive except the SLRP.

3.  The applicant provides his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), DD Form 1966 (Record of Military Processing – Armed Forces of the United States), Annex L to DD Form 4 (SLRP Addendum - ARNG of the United States), and two memoranda.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Missouri ARNG (MOARNG) on 29 April 2010 for a period of 6 years.

2.  The applicant provided and his records contain a DD Form 1966, dated 29 April 2010, wherein it shows he was enlisting in the MOARNG for 6 years for the SLRP in the amount of $50,000.00 and the ARNG standard training program in military occupational specialty (MOS) 13B (Cannon Crewmember).

3.  He also provided and his records contain Annex L to DD Form 4, dated 29 April 2010, wherein it shows he acknowledged and agreed to the following:

* he was a non-prior service applicant who agreed to serve at least 6 years in the MOARNG
* he had existing loans in the amount of $6,500, the total amount of repayment for qualifying loans would not exceed $50,000
* he may acquire new loans only at time of extensions for not less than 6 years
* loans must be 1 year old or older on the first anniversary eligibility date to qualify for repayment
* loans that fall into default at any time after his enlistment would not be eligible for repayment
* the portion that may be repaid annually on any qualifying loan(s) would not exceed 15 percent of the total of all loans or $500.00, whichever is greater
* payment would be processed on the anniversary date of his enlistment for each satisfactory year served

4.  On 7 June 2010, he entered initial active duty for training (IADT).  He successfully completed training and he was awarded MOS 13B.  On 10 October 2010, he was honorably released from IADT to the control of the MOARNG.

5.  The applicant provided a memorandum from the MOARNG Director of Manpower and Personnel to the National Guard Bureau, dated 22 February 2011, subject:  Request for ETP for Manual Control Number (MCN) on SLRP on (Applicant), requesting an ETP for issuance of an MCN for the applicant's SLRP.  The director stated the applicant enlisted in the ARNG and signed an SLRP Addendum, but no control number was ever requested.  He further stated the applicant had met all his contractual agreements and continued to serve satisfactorily.

6.  In a memorandum for the MOARNG, dated 22 February 2011, subject:  Request for ETP for the SLRP MCN (Applicant), the Chief, Education, Incentives and Employment Division, National Guard Bureau, stated:

	a.  The MOARNG's request for an ETP and MCN to allow the applicant to receive the $50,000 SLRP could not be approved.  In accordance with governing policy, requests for a bonus control number (BCN) or MCN received after the 30 September 2010 suspense date will be returned without action to the State Incentive Manager.

	b.  Upon review of substantiating documentation, it noted the request for an MCN was received after the suspense date; therefore, the applicant is ineligible for the incentive and a BCN.

7.  The SLRP provides for the repayment by the government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.

8.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the government.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant enlisted in the ARNG on 29 April 2010 for the SLRP not to exceed $50,000.00.  However, through no fault of his own, ARNG recruiting officials failed to submit his SLRP Addendum with a valid BCN within the required time frame.  It is evident the applicant acted in good faith, fulfilled all his contractual obligations, and he continues to do so.  He should not be penalized for an action that was clearly not his fault and beyond his control.  Therefore, as a matter of equity, his records should be corrected as recommended below.



BOARD VOTE:

__X______  _X_______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* showing upon enlistment in the MOARNG on 29 April 2010 he received a valid BCN for the SLRP incentive, all required officials properly signed the Annex L to DD Form 4, and it was processed in a timely manner
* showing he is eligible for the SLRP in accordance with the terms of his addendum as a matter of equity and good conscience
* paying all his authorized loans as specified in Annex L to DD Form 4 from ARNG funds



      ___________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)                                         AR20140009188



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ABCMR Record of Proceedings (cont)                                         AR20140009188



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