IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140013629
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 her records to show she was authorized full participation in the Student Loan Repayment Program (SLRP).
2. The applicant states:
a. She contracted for the SLRP and she was eligible for the SLRP; however, she received a letter from the Incentives Task Force, California Army National Guard (CAARNG), that indicated she received SLRP payments erroneously and she owed $12,000.00.
b. She received a valid contract, she was eligible for the SLRP, and she has all the required documents for the SLRP. Payments were made directly to the lender by the CAARNG and there should not be a collection because she provided all the proper documents for payment.
c. Her SLRP payments went under review because the CAARNG bonus and incentives noncommissioned officer (NCO) made numerous fraudulent payments. The NCO was found guilty of submitting false and fraudulent claims to the Department of Defense and since then, all CAARNG education programs have been investigated and most Soldiers have received collection letters or requests for contracts.
3. The applicant provides a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), an SLRP Addendum - ARNG of the United States, and a memorandum from the National Guard Bureau (NGB), dated 27 May 2014, subject: Incentive Notice of Indebtedness.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the CAARNG on 6 September 1989.
2. She provides a DA Form 4836 that indicates on 25 March 2002 she extended her enlistment for a period of 6 years. The DA Form 4836 shows her expiration term of service (ETS) at the time of the extension was 1 June 2003.
3. A review of her Interactive Personnel Electronic Records Management System records revealed a copy of the DA Form 4836, with pen and ink corrections, that show the term of her extension was changed from 6 years to 3 years, and her new ETS date was 1 June 2006.
4. Her SLRP Addendum, dated 25 March 2002, indicates she was eligible for the SLRP and at the time of the extension she had two existing loans in the amount of $13,250.00.
5. Section II (Eligibility) shows she placed her initials next to the paragraph indicating she was immediately extending for a term of service of 6 years in the ARNG of the United States.
6. Section V (Termination) of the SLRP Addendum indicates she understood that her SLRP eligibility would be terminated if she accepted a commission as an officer or an appointment as a warrant officer.
7. On 5 August 2005, prior to the completion of the term of her extension, she was appointed as a warrant officer in the CAARNG.
8. By memorandum dated 27 May 2014, the U.S. Property and Fiscal Office (USPFO) for the State of California informed the applicant that the CAARNG Soldier Incentives Assistance Center found her to be indebted to the U.S. Government. The reason for the stated indebtedness was that she received SLRP funds erroneously. The amount subject to recoupment was $12,000.00. The specific reason for the erroneous SLRP payments was not identified by the USPFO for California.
9. Army Regulation 135-7 (ARNG and Army Reserve Incentive Programs) restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of military occupational specialties and units which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.
10. Army Regulation 135-7, paragraph 5-1.6, provides that entitlement to the SLRP will stop if the Soldier accepts an appointment as a commissioned officer or warrant officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her records be corrected to show she was authorized full participation in the SLRP.
2. The evidence of records shows she extended her enlistment in the CAARNG on 25 March 2002 and that she completed an SLRP Addendum on the same date. In the SLRP Addendum, she confirmed she was extending her enlistment for a period of 6 years. She also acknowledged she understood that her SLRP eligibility would be terminated if she accepted a commission as an officer or an appointment as a warrant officer.
3. Evidence shows her DA Form 4836 was later changed to reflect a 3-year extension instead of a 6-year extension. The change in the term of the extension rendered her ineligible for participation in the SLRP. Therefore, in accordance with the stipulations of her contract, her entitlement for the SLRP ended by changing the length of her extension from 6 years to 3 years. Additionally, she was appointed as a warrant officer in the CAARNG on 5 August 2005. As a result, she did not satisfy the terms of her SLRP Addendum.
4. Based on the foregoing, it appears the recoupment action by the CAARNG was appropriate. As a result, there is no basis for granting the applicant's 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 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) AR20140013629
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