IN THE CASE OF:	  

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20140010318 


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 Louisiana Army National Guard (LAARNG) be without recoupment. 

2.  The applicant states the error was no fault of her own.  A bonus control number was issued by the State for this incentive and no one notified her or her unit of any discrepancies with this incentive.  She states she received three payments for years 2007, 2008 and 2009 and now the National Guard Bureau (NGB) wants to terminate her incentive with recoupment, some 8 years after signing her contract. 

3.  The applicant provides:

* Exception to policy request, dated 11 February 2014
* Exception to policy denial, dated 15 April 2014 
* DD Form 4 (Enlistment/Reenlistment Document)
* Annex L to DD Form 4 (SLRP Addendum, ARNG)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Sworn statement, dated 16 May 2014
* Certificate of Birth

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the LAARNG on 2 November 2000.  She entered active duty for training (ADT) on 5 March 2001 and completed the required training for award of military occupational specialty 88M (Motor Transport Operator).  She was honorably released from ADT on 6 July 2001. 

2.  She entered active duty on 7 July 2004 and subsequently served in Iraq from 2 October 2004 to 20 September 2005.  She was honorably released from active duty on 30 October 2005. 

3.  She executed a 6-year extension of her enlistment in the LAARNG on 4 June 2006.  

4.  On 14 October 2006, she signed Annex L (SLRP) Addendum and Annex R (Reenlistment/Extension Bonus Addendum, ARNG).  Her records do not contain Annex L to the DD Form 4; however, she provides it.  This Annex was signed by the applicant, a service representative, and a witnessing official, on 14 October 2006, and is assigned SLRP Bonus Control Number S09XXXXXXLA.  It explained her military obligations, methods of fulfilling that obligation, and the participation requirements.  This form shows:

* she indicated she was a prior service applicant and she agreed to extend in the ARNG for a minimum of 3 years and serve in MOS 88M which is authorized the SLRP
* she indicated she had 6 loans existing in the amount of $14,923.68 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 on 8 September 2011 and subsequently served in Afghanistan from 31 October 2011 to 5 September 2012.  She was honorably released from active duty on 18 October 2012.  During this period, she also executed a 1-year extension on 3 June 2012. 

6.  On 12 June 2013, she executed a 3-year extension in the ARNG.  

7.  On 11 February 2014, she submitted an exception to policy request regarding reinstatement of the SLRP incentive.  She indicated that the date on the contract does not match the date on the DA Form 4836 and that this was not her fault.  She was issued a bonus control number and she received payments in 2007, 2008, and 2009.  No mention of a discrepancy was made.  

8.  On 15 April 2014, the NGB disapproved her request.  An NGB official stated: 

	a.  The reference is ARNG SRIP Policy Guidance for FY 2007 (Policy Number 07-06 with Updates) effective 1 October 2006.  The request for exception to policy to retain the $20,000.00 SLRP is denied due to discrepancies and the State Incentive Manager would terminate the incentive with recoupment. The applicant did not contract for the incentive at the time of her extension and she is not eligible for retroactive entitlement as this violates ARNG SRIP 07-01. Additionally, her incentive addendum was signed after the extension document which also violates ARNG SRIP.  Finally, her bonus control number was requested after the date of the extension which further violates ARNG SRIP.  

   b.  On 4 June 2006, the applicant extended her enlistment by a period of 6 years in the LAARNG with an agreement to serve in MOS 88M.  Although she was eligible for the SLRP at the time of her extension, there is no substantiating information to support the SLRP incentive being offered at the time of the extension.  Therefore, remaining consistent with the rules of review, the request cannot be granted. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an extension of her enlistment in the LAARNG on 4 June 2006.  However, she did not sign her SLRP Addendum until 30 October 2006.  Since there is a mismatch between the two dates, the NGB is now terminating her incentive with recoupment.  

2.  The applicant is not an incentive manager herself.  Neither is she a reenlistment or retention specialist.  She signed her extension with the stipulation that she had an incentive.  She signed when and where she was told by her retention/reenlistment specialist.  Not only that, the very same addendum that has a mismatched date was actually assigned a bonus control number.  More importantly, she received loan payments based on this same contract in three consecutive years. 

3.  She clearly extended in good faith, followed the instructions of the subject matter experts who extended her, signed the addendum that she was told to sign, and she was issued a Bonus Control Number.  She subsequently served in combat and twice extended her enlistment.  She continues to faithfully serve today.  Nearly 8 years after that, the incentive is being terminated with recoupment.  

4.  It is clear that administrative errors were committed in the processing of her enlistment contracts and bonus addendums.  It is equally clear as a result of this improper guidance she is being denied a hard-earned incentive.  She should not be penalized for an action that was not her fault.  Therefore, as a matter of equity, she should receive full administrative relief for all payment of her authorized loans in accordance with SLRP regulatory guidance. 

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 a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

* amending Annex L to the DD Form 4 to show it was executed, witnessed, and assigned a Bonus Control Number on 4 June 2006, the same date she extended in the ARNG
* showing she provided the State Incentive Manager a copy of all promissory notes and proof of disbursement upon her extension
* stopping any recoupment action of her SLRP incentive
* paying out of ARNG funds all her authorized loans in accordance with her contract subject to the threshold amount listed on her contract 



      _______ _   _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)                                         AR20140010318



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ABCMR Record of Proceedings (cont)                                         AR20140010318



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