IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140010412 


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: 

   a.  correction of his record to show he reenlisted for and is qualified to receive repayment of his student loans under the Student Loan Repayment Program (SLRP); and

   b.  to be absolved from repaying the SLRP payments which have already been paid to his lending institution.

2.  The applicant states:

   a.  he has been paid two installments of the SLRP.  He has been questioning the South Carolina Army National Guard (SCARNG) Education Office since 2010, for what he needs to do to receive the rest of his entitlement;

   b.  he deployed in support of Operation Iraqi Freedom (OIF) in 2009-2010.  He was told by a member of the SCARNG Education Office that his original enlistment paperwork was obsolete and required him and his recruiter to submit sworn statements acknowledging they knew nothing about the obsolete form.  He was also encouraged to specify that he was just signing and initialing where his recruiter told him to sign;

   c.  he was deemed 100 percent disabled upon his redeployment in 2010 and retained on Title 10.  He has had several operations and was in the Warrior Transition Unit until he was medically discharged in June 2013.  He is currently on the Temporary Disability Retired List (TDRL) awaiting a follow-up for post-traumatic stress disorder;

   d.  one of the driving forces that led him to reenlist at over 40 years of age was the promise of educational debt relief.  He was in forbearance with his school loans for over two and a half years and had talked with them at length about letting him pay the bare minimum and be taken off forbearance.  They agreed and he is now trying to make the payments; and

   e.  it is his wish not to have to repay the SLRP payments which have already been paid to his lending institution.  As far as the remaining SLRP payments owed to him, if it is going to create as many problems as it has so far, he requests the government keep it.  He further states it has been a nightmare for him and his wife who handles all his affairs.  It would give him peace of mind knowing he is no longer indebted for something that was not his fault.

3.  The applicant provides:

* 2 memoranda
* a letter
* 2 pay vouchers
* National Guard Bureau Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document) SLRP Addendum Army National Guard of the United States)
* DD Form 4/1
* 2 DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* W-2 (Wage and Tax Statement) 2010
* Retirement/Promotion/Pension Request
* Privacy Act Statement
* DD Form 2656-5 (Reserve Component Survivor Benefit Plan Election Certificate)
* DD Form 2656 (Data for Payment of Retired Personnel)
* ARNG Retirement Points History Statement
* Diploma
* Laurens County Health Department Certificate
* Orders 135-0016
* Orders A-08-022365A07
* Personnel Data
* Appendix B
* Orders 279-886
* 2 pages of electronic mail

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 25 March 1983.  He completed training and he was awarded military occupational specialty (MOS) 31C (Radio Teletype Operator).

2.  On 23 March 1990, the applicant was discharged from the ARNG and assigned to the U.S. Army Reserve Control Group (Standby).

3.  Following a break in service, on 20 March 2008, the applicant enlisted in the ARNG for a period of 6 years.

4.  The applicant provides and his record contains an NGB Form 600-7-5-R-E, signed by the applicant and a service representative on 20 March 2008 which shows the applicant acknowledged he:

* was a prior service applicant enlisting for a term of 6 years
* had one disbursed loan in the amount of $18,680.76 and that the total amount of repayment for qualifying loan(s) would not exceed $20,000.00

5.  The applicant's NGB Form 600-7-5-R-E fails to indicate that he held the primary MOS for the position he was enlisting; however, the addendum shows an SLRP control number was assigned.

6.  On 22 April 2014, the Deputy G-1, ARNG, Arlington, VA, denied the applicant's request for an exception to policy to retain the $20,000.00 SLRP.  The State Incentive Manager was instructed to terminate the SLRP with recoupment effective the contract start date.  The memorandum further states:

   a.  the applicant received payment above the amount authorized for the incentive which violates ARNG Selected Reserve Incentive Program (SRIP)      07-06;

   b.  the applicant was not Duty Military Occupational Specialty Qualified (DMOSQ) for the contracted incentive in violation of Department of Defense Instruction 1205.21, paragraph E8.1.1.3;

   c.  the applicant's contract/bonus addendum was obsolete in violation of ARNG SRIP 07-06; 

   d.  the applicant's incentive addendum does not clearly annotate the critical MOS in the space provided which violates ARNG SRIP 07-06; and

   e.  the applicant enlisted in the SCARNG as a former prior service member.  In accordance with Department of Defense Instruction (DoDI) 1205.21 prior service members are required to hold the skill at the time of enlistment to qualify for the SLRP.  The applicant did not hold the skill for which contracted; therefore, the request cannot be granted.  In addition, the applicant was paid over the annual contracted amount in fiscal year 2010, when the State Incentive Manager paid interest in the amount of $355.77.

7.  ARNG SRIP 07-06 established policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008.  The purpose of the ARNG Incentive Program is to assist ARNG leadership and personnel managers in meeting the readiness requirements for the ARNG.  Prior service applicants may enlist for a term of service not less than 6 years in order to establish SLRP eligibility provided they are MOSQ for the position for which enlisting.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  As a prior service member, the applicant contracted for a 6-year ARNG obligation.  In accordance with DoDI 1205.21 and ARNG SRIP 07-06, prior service members are required to hold the skill at the time of enlistment to qualify for the SLRP.  The applicant did not hold the skill for which contracted; therefore, the National Guard Bureau's (NGB) action to terminate the incentive with recoupment appears to be proper and he has not shown otherwise.  There is neither an error nor an injustice in his case.

3.  It is noted that a service representative may have erroneously confirmed that the applicant met the SLRP criteria, and it appears at least one SLRP payment was made on his behalf.  Notwithstanding these errors, the record fully supports NGB's decision to terminate the applicant's SLRP incentive with recoupment.  In view of the foregoing, he is not entitled to 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)                                         AR20140010412





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ABCMR Record of Proceedings (cont)                                         AR20140010412



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