BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140013899 


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 his military records to show he was authorized a bonus control number and was eligible for the Student Loan Repayment Program (SLRP) during his enlistment in the Alabama Army National Guard (ALARNG).

2.  The applicant states his request for an exception to policy (ETP) to receive payment under the SLRP was denied because of an error in the bonus control number system used by the State.  He extended his current 6-year enlistment for the sole reason of gaining eligibility for the SLRP; however, the bonus control number was assigned differently, which caused a discrepancy in the signature dates.

3.  The applicant provides copies of:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated      9 February 2010
* National Guard Bureau (NGB) Form 600-7-5-R-R (Annex L to DD Form    4 -SLRP Addendum), dated 10 February 2010
* Memorandum, subject: Request for ETP for SLRP, dated 2 July 2014
* Memorandum, subject: ETP for applicant's SLRP contract, dated 9 July 2014



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A DA Form 4836, dated 9 February 2010, as provided by the applicant, indicates he enlisted on 5 April 2005 for a period of 6 years.  On 9 February 2010, he extended that enlistment for a period of 4 years and 10 months, which adjusted his expiration term of service (ETS) date to 22 February 2016.

3.  On 10 February 2010, he completed an NGB Form 600-7-5-R-E wherein he requested eligibility for the SLRP.  On this form, he indicated he had two student loans totaling $9,726.75.  He further indicated he had not previously received the SLRP as an enlistment, reenlistment, or extension option in the Selected Reserve.  The form contains a bonus control number at the top of each page.  Section VI (Statement of Understanding) appears to have been initialed by the applicant, indicating his understanding of and agreement to:

* furnish his commander with copies of all promissory notes
* contact his unit to request payment on his loans
* provide his commander copies of any letters received from the loan holder
* make arrangements for the annual lump sum payment
* receive additional tax forms showing the SLRP payments as taxable income
* contact his commander if any problems are encountered
* understand that State-guaranteed student loans and Plus loans are not authorized for payment under the SLRP
* understand that he may add new loans only at the time of an extension of service for a period of not less than 6 years

4.  On 2 July 2014, the Deputy G1 (Personnel Officer), National Guard Bureau, denied the applicant's request for an ETP concerning his entitlement to the SLRP.  In the NGB denial memorandum, the NGB official stated the denial was based on the lack of corroborating evidence that showed that an incentive was offered at the time of extension.  Additionally, the bonus control number was requested after the date of reenlistment/extension, which violated NGB guidance pertaining to the Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP).

5.  In a memorandum, dated 9 July 2014, the applicant's unit liaison officer stated that the applicant had followed all of the instructions he was given concerning his SLRP contract.  He stated the applicant has been serving out his side of the contract for more than 4 years and has been deployed.  He should not be penalized for the errors made by his unit and the State incentives office.  The memorandum further states the applicant's unit had him sign his extension contract on 9 February 2010, not knowing at the time that the SLRP contract would be dated and signed the next day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show he was authorized a bonus control number and was eligible for the SLRP during his enlistment with the ALARNG.

2.  The available evidence shows that on 9 February 2010 he extended his contract in the ALARNG for a period of 4 years and 10 months.  He was offered and signed the SLRP contract, which shows he was issued a bonus control number.  He has already served more than 4 years of his extension and has received periodic SLRP payments.  He should not be penalized for the errors committed by his unit and higher headquarters.

3.  A review of his case clearly shows he was not at fault for any of the administrative errors that occurred in the processing of his contracts.  Accordingly, his records should be corrected to show he was properly and timely authorized the SLRP.  Furthermore, previous SLRP payments should not be recouped.

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 Department of the Army records and State Army National Guard of the individual concerned be corrected by:

	a.  showing he properly and timely completed his reenlistment/extension contract, to include the addendum for the Student Loan Repayment Program; and

	b.  terminating any ongoing recoupment action and refunding, out of ARNG funds, any recoupment of these monies that may have already occurred, that is related to this correction of records.





      _______ _ 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)                                         AR20140013899





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ABCMR Record of Proceedings (cont)                                         AR20140013899



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