IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140013881 


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 record to show she is eligible for the Student Loan Repayment Program (SLRP).  

2.  She states she enlisted in the Maryland Army National Guard (MDARNG) on 20 July 2010 and was promised she would receive SLRP.  She completed the necessary training to start SLRP and received the initial contract from the MDARNG Incentive Manager (IM).  The contract consisted of an email requesting promissory notes from her lenders, information and loan detail sheets, and the SLRP Addendum.  She offers that upon receipt of the email, she took immediate action to get the requested documents, but she could not send the IM a copy of the SLRP Addendum due to not receiving one.  She e contacted her recruiter to obtain a copy of the SLRP and was told a "mishap" occurred and the initial paperwork was missing and/or not completed and, therefore, the SLRP was not granted.

3.  She provides:

* Numerous emails
* Congressional Correspondence
* Memorandum, Subject:  Request for Exception to Policy (ETP) for SLRP 
(Applicant), dated 27 November 2013
* Memorandum, Subject:  Commander's Recommendation for ETP Instatement of SLRP Incentive for Applicant, dated 17 May 2013


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MDARNG on 20 July 2010.  Her Enlistment/Reenlistment Agreement shows in:

	a.  Section VII - Addendums, "The following addendum's have been attached and are part of my enlistment agreement:  Montgomery GI Bill." 

   b.  Section VIII - Statement of Acknowledgement and Understanding, "I have read and understand the statement above and that these statements are intended to constitute ALL promises and guarantee whatsoever concerning my enlistment.  No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored."
   
2.  The applicant's enlistment contract is void of any indication that participation in the SLRP was included in the terms of her enlistment.

3.  The applicant provided:

   a.  An email, dated 20 April 2011, from the IM for the MDARNG who notified the applicant that there was a pending enlisted SLRP control number in the system for her, but she could not approve it until she received the following documents:
   
* Enlisted LRP Addendum
* Promissory note from her loan company
* National Student Loan Data System (NSLDS), Summary Sheet and loan detail sheets
   
   b.  A memorandum, Subject:  Commander's Recommendation for ETP Instatement of SLRP Incentive for Applicant, dated 17 May 2013.  The commander recommended approval of the applicant's request.  He said the applicant had more than substantial evidence that she was accessed into the MDARNG with the promise of receiving SLRP incentive.  He explained a critical error seemed to have occurred that blocked her ability to use the enlistment incentive benefit.  
   
   c.  A letter from the applicant, dated 8 March 2013, requesting an ETP.  In this letter she explains that she requested the SLRP Addendum be added to her initial contract.  She stated that her recruiter went over all her paperwork necessary for this to occur and assured her that the addendum would be a part of her contract.  She added that upon her arrival to Maryland from her training, she took the next steps necessary to start the SLRP process, but since the addendum could not be found, the SLRP process was not started.  
   
   d.  A screen shot of her student loan from the NSLDS, in an email, dated 
19 November 2013, to her first sergeant.  This document shows the loan was a Stafford Subsidized loan obtained with the Frostburg State University.  The loan amount was listed a $1,435.00 with an outstanding balance of $1,651.00.  The loan period beginning date was 27 June 2007 with an ending period of 16 May 2008.  The date entered repayment was listed as 21 July 2010.
   
   e.  A memorandum from the National Guard Bureau (NGB), dated
27 November 2013, denying her request for an ETP to retain the $50,000.00 SLRP.  The representative stated the applicant's addendum could not be found which violated the Department of Defense Instruction (DODI) 1205-21.  The representative further stated that although the applicant may have had eligible disbursed loans, a bonus control number was never approved based upon comments entered into the U.S. Army Installation Management Application Resource Center (iMARC) (incentives system of record at the time) stating "promissory notes still needed" and an addendum had not been executed; therefore, the ETP request is unable to substantiate the SLRP being offered at the time of enlistment.
   
   f.  Numerous emails dated November through December 2013 from her chain of command concerning her SLRP.  In an email, dated 11 December 2013, a member of her command was seeking guidance on whether or not to advise the applicant to pursue her issue through the Inspector General (IG).  He said the applicant's complaint to the IG needed to surround the root cause of the nonpayment of SLRP benefits which was the failure to properly complete the processes during her initial contract and accession into the MDARNG.  He further stated that based on his research, it was a combination of three contributing factors:  the Military Entrance Processing Station, the recruiter, and/or the iMARC.
   
   g.  Email correspondence from the IG, dated 24 January 2014, explaining to the applicant that he contacted the Education Incentive Office concerning her ETP.  He opines that since the NGB is aware that the IG has been contacted, they will expedite her ETP. 
   
4.  DODI 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the SLRP.  Paragraph 6.2, Written Agreements, states as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amount shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.  "I understand that I shall not become entitled to the initial loan repayment, or any subsequent repayment of my qualifying student loan, until such time as I have graduated from secondary school and individual active duty training, including military special qualification."  
   
5.  ARNG SRIP Guidance for Fiscal Year 2007, 2008, and 2009, 10 August  2007 - 30 September 2009, Policy Number 07-06 establishes policy to administer ARNG incentives.  The policy applies to ARNG Soldiers in M-Day status only.  Incentives available to Military Technicians or AGR status are not covered in the policy.  The policy states, in pertinent part, retroactive entitlement to an incentive offered under this policy is not authorized.

6.  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.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in the military for the 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.  Any qualifying loan which is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.

2.  The applicant's enlistment contract is void of any indication that she enlisted for the SLRP.  Based on the evidence, it appears she never signed an SLRP contract and the first documented evidence of any mention of the SLRP came from the MDARNG IM on 20 April 2011, when she requested that the applicant provide her SLRP Addendum, a promissory note from her Loan Company, NSLDS` Summary Sheet, and loan detail sheets.  She maintains she provided the requested documents, but could not provide a copy of the SLRP addendum due to not receiving one.

3.  The evidence of record shows that on 20 July 2010 she signed her enlistment contract that listed the Montgomery GI Bill as the only addendum attached to her enlistment agreement.  The evidence further shows she signed the contract acknowledging and understanding that "No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored." 

4.  In view of the foregoing, 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 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)                                         AR20140013881





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ABCMR Record of Proceedings (cont)                                         AR20140013881



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