BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140012639 


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 payment of her loans as part of her enlistment in the Wyoming Army National Guard (WYARNG) under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  During her enlistment process, she was told she would receive payment of her student loans.

	b.  At the Military Entrance Processing Station (MEPS), she was told she would receive payments of her student loans.

	c.  Now she is being told that due to errors made by her recruiter and the education office she is not eligible for payment of her loans under the SLRP.

	d.  This error was not her fault and now she is being punished for errors made by the recruiter.

	e.  Her bonus control number (BCN) should be validated and payments should be made on her student loans.

	f.  She was initially placed into the Recruit Force Pool (RFP) and the education office requested and validated her SLRP control number while she was in the RFP.

	g.  Her SLRP control number should not have been validated until after she completed her second enlistment contract.

	h.  Now she is being told that she is not eligible for repayment of her loans under the SLRP.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 12 October 2010
* DD Form 4, dated 28 January 2011
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 28 January 2011
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum Army National Guard (ARNG))
* Exception to Policy (ETP) Denial, dated 9 December 2013
* Request for ETP, dated 28 March 2013
* Request for ETP, dated 27 March 2013
* Request for ETP Approval, dated 27 March 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the WYARNG under the RFP enlistment option for 1 year on 12 October 2010.  The RFP is an ARNG enlistment option.

	a.  Applicants who are eligible for enlistment but cannot ship to their initial active duty for training (IADT) for more than 120 days after becoming eligible to enlist in the ARNG will contract in the Inactive National Guard (ING) and are assigned to the RFP of the Recruiting and Retention Command.

	b.  Applicants enlisting in the RFP will enlist for a 1-year (1x0) enlistment contract that is accomplished in two phases.  Phase I is inactive and Phase II is active.  Applicants enlist in the active ARNG 120 days prior to entry into IADT.

2.  In connection with this enlistment, the applicant completed an Enlistment/Reenlistment Agreement ARNG, on 12 October 2010, which outlined her service requirements and methods of fulfillment. 

3.  The applicant's NGB Form 22B (Army National Guard Recruit Force Pool Report) shows she remained in the RFP from 12 October 2010 through 28 January 2011, a period of 3 months and 17 days that would be applied to her 8-year military service obligation.  She was released from the RFP for enlistment in the Selected Reserve.

4.  Her records also show she enlisted in the WYARNG for a period of 7 years and 36 weeks on 28 January 2011.  She enlisted for military occupational specialty (MOS) 12N (Horizontal Construction Engineer) and assignment to the 133rd Engineer Company, 173rd Transportation Company (SU).  She agreed to remain in the ARNG as a satisfactory participant for 6 years. 

5.  In connection with this enlistment, the applicant completed a DA Form 5435 (Statement of Understanding), on 28 January 2011, that outlined her obligation and eligibility requirements for entitlement under the Selected Reserve Montgomery GI Bill (MGIB). 

6.  She entered IADT on 17 May 2011 and completed the required training and was awarded MOS 12N.  She was honorably released from active duty on 29 September 2011 to the control of the ARNG.

7.  The applicant's MGB Form 600-7-5-R-E is not on file in her official record.  However, she provides a self-authored memorandum and a memorandum from her commanding officer, dated 27 March 2013, to the Adjutant General, WYARNG, requesting an ETP to the denial of payment of her loans under the SLRP.  The requests state:

	a.  She enlisted into the RFP on 12 October 2010.  At that time, her recruiter requested BCN S10100001WY for her SLRP.  This was not the correct process since the BCNs should not be requested until the Soldiers comes out of the RFP and into the ARNG.

	b.  She came out of the RFP 3 months later and entered the WYARNG on 
28 January 2011 for a 6-year commitment to the ARNG.  At that time her BCN was invalidated due to her RFP contract not fulfilling the 6x2 requirement.  The recruiter was supposed to have requested a new BCN for her SLRP but he was unaware of the old BCN being invalidated due to his inexperience with RFP contracts.

	c.  She has served faithfully, met all her requirements, and is now leaving on her first deployment.  Her denial to the SLRP was in no way due to her failure to uphold her obligation to the ARNG but simply an administrative error created by an inexperienced recruiter.  She should be granted an EPT to have her SLRP reinstated.

8.  In a memorandum to the NGB, dated 28 March 2013, the WYARNG Adjutant endorsed the applicant's request for the SLRP incentive.

9.  On 9 December 2013, the NGB denied the applicant's request for an ETP.  The Deputy G1, ARNG stated that her request for an ETP to retain the $50,000 is disapproved because she did not contract for the incentive at the time of enlistment which violates the Department of Defense Instruction 1205.21.  The NGB Deputy G1, ARNG stated the applicant's contract/agreement details included:

	a.  State enlisted/accessed:  WY:  Unit Identification Code:  Y2FAA.

	b.  Date of agreement/enlistment 28 January 2011.

	c.  Contracted loan addendum/agreement in the amount of:  $50,000.

	d.  Contracted Army Occupation Code (AOC)/MOS:  12N (Horizontal Construction Engineer); Current AOC/MOS:  00F (MOS Immaterial).

10.  The Deputy G1, ARNG stated that the applicant’s DD Form 4-2 and DD Form 1966 do not support an incentive being offered at the time of enlistment/contract and that her change in MOS is due to being transferred for mobilization.  The Deputy G1, ARNG noted that she may file a claim with this Board if she believed an error or injustice still exits.

11.  The applicant was released from active duty and she returned to WYARNG control on 13 March 2014.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an initial 1-year enlistment in the WYARNG under the RFP enlistment option.  She completed an Enlistment/Reenlistment Agreement ARNG, which outlined her service requirements and methods of fulfillment.

2.  On 28 January 2011, the applicant executed an enlistment contract in the WYARNG for a period of 7 years and 36 weeks.  She enlisted for MOS 12N and was assignment to the 133rd Engineer Company, 173rd Transportation Company (SU).  She agreed to remain in the ARNG as a satisfactory participant for 6 years.  She signed a Selected Reserve MGIB Addendum in connection with this enlistment.

3.  Although her NGB Form 600-7-5-R-E is not available, she and her commander state that her recruiter requested a BCN at the time she entered the RFP instead of requesting it after she was released from the RFP.  The recruiter should have requested the BCN at the time she enlisted in the WYARNG on 28 January 2011.  The actions of the recruiter resulted in the invalidation of her BCN.  The WYARNG Adjutant endorsed the requests made by the applicant and her commanding officer.

4.  She enlisted in good faith and she completed training in her contracted MOS. It appears that she is continuing to satisfy her contractual obligations.

5.  It is clear that administrative errors were committed in the processing of her enlistment.  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:

	a.  showing she completed an SLRP Addendum (if necessary) on 28 January 2011 with repayment of qualifying loans not to exceed $50,000;

	b.  issuing her a valid BCN; and


	c.  paying all of her authorized loans in accordance with her contract, subject to the threshold amount listed on this 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)                                         AR20140012639



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ABCMR Record of Proceedings (cont)                                         AR20140012639



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