BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140014212 


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 reconsideration of his previous request for retention of the Student Loan Repayment Program (SLRP) incentive he was offered at the time of his enlistment on 12 December 2011.

2.  As a new issue, he requests a personal appearance before the Board and assignment of representation by a Veterans Service Officer (VSO).

3.  The applicant states:

   a.  He is submitting documentation that the previous decision was not appropriately adjudicated.  The injustice was created due to negligence by agents/recruiters of the North Carolina Army National Guard (NCARNG).  He was deployed when the Board's original decision was made.  He didn't receive the decision until two months later for two reasons:  the mail takes 30-60 days to receive in the Sinai of Egypt and when it did arrive he was on emergency leave at his home of record (HOR) in NC due to the passing of his father.  Thus, he didn't receive it until his return to duty in September 2013.

   b.  He is requesting an extension to develop his reconsideration argument as he just recently returned to his HOR on 25 June 2014.  He would also like to be represented by a VSO.  He is currently in the Community Care Unit of the Warrior Transition Battalion (WTB) at Fort Bragg, NC.


   c.  The attached memorandum, dated 7 July 2014, is supporting evidence that the injustice is the fault of the NCARNG.  In April 2013, after he was denied the SLRP by the G1 at the National Guard Bureau (NGB), he visited the Military Entrance Processing Station (MEPS) and spoke with Sergeant First Class (SFC) Bxxxxx relative to both errors:  the erroneous conversation by the NCARNG recruiter and the last signature line which was blank.

   d.  SFC Bxxxx explained that there was a form change and there had been many Soldiers' contracts that had been handled the same way.  The normal process was to forward the SLRP addendum to the controller in the NCARNG Headquarters in Raleigh, NC.  At that time, the controller would review and assign a control number.  However, for a period after the form change if the additional signature line was not signed, the controller would return the signature page to Charlotte MEPS for signature and they would then fax it back to the controller.

   e.  In his case that did not occur as the controller caught the error (which is the argument in this Army Board for Correction of Military Records (ABCMR) case).  The recruiter and MEPS erred on evaluating the military occupational specialty (MOS) conversion table.  When he was notified of the error he immediately informed his chain of command at his unit (630th Combat Sustainment Support Battalion CSSB, Lenoir, NC).  His commander and first sergeant agreed that the error was easily assigned to the recruiter and retention division of the NCARNG.  Their guidance was to enroll him in the MOS 25U (Signal Support Systems Specialist) school and after completion initiate an exception to policy (ETP).

   f.  An ETP was submitted and denied along with an apology from the NGB acknowledging that the error was the fault of the NCARNG recruiters and MEPS. That letter also advised him to seek correction through the ABCMR.  He was deployed in April 2013 and he didn't receive the Board's denial until July 2013.  He was injured while deployed and upon his returned was transferred to the WTB while awaiting surgery. 

   g.  Therefore, he has been away from his HOR during this process to gather documents and evidence.  He is requesting a formal hearing whereby he can have representation.  He is also requesting a "stay" relative to the time window due to being deployed as he was not able to speak to the representative or afforded the opportunity to speak in person with the MEPS and obtain the attached memorandum.



3.  The applicant provides a copy of the 2014 Memorandum for Record (MFR).

CONSIDERATION OF EVIDENCE:

1.  With regard to retention of the SLRP incentive:

   a.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130006921 on 2 July 2013.

   b.  The applicant does not meet the two-tiered criteria for reconsideration of this issue in that his request is neither submitted within one year of the original decision nor does it contain any new evidence.  His request for reconsideration was dated 8 July 2014 and received on 8 August 2014.

   c.  Army Regulation 15-185 (ABCMR), paragraph 2-15b, governs requests for reconsideration of correction of military record and allows an applicant to request reconsideration for an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  It is noted the statements contained in the MFR he submitted with his request for reconsideration were previously stated in two memoranda, dated 9 and 18 October 2012, submitted by the NCARNG Incentive Manager and Chief, G1 Soldier Actions.  As a result, the issue of retention of his SLRP incentive will not be discussed further in this Record of Proceedings.

2.  The applicant's requests a personal appearance before the Board and assignment of representative by a VSO.  These are new arguments and will be considered by the Board.

3.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The regulation states in:

   a.  Paragraph 2-2c – The ABCMR will decide cases on the evidence of record. It is not an investigative body.  The ABCMR may, in its discretion, hold a formal hearing (personal appearance) or request additional evidence or opinions.

   b.  Paragraph 2-6 – Applying to the ABCMR does not stay other proceedings.


   c.  Paragraph 2-9 – The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

   d.  Paragraph 7 – Applicant may be represented by counsel, at their own expense.  There are no provisions for the ABCMR to designate or provide counsel.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, an applicant is not entitled to a formal hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  Because there is no new evidence of record, it appears the primary evidence was previously considered by the Board.  Therefore, a personal appearance hearing is not warranted.

2.  It is not now and has never been the Board's policy to assign/provide applicants with legal representation by a VSO or any other agency on matters before the Board. The ABCMR's governing regulation states applicants may be represented by counsel at their own expense.  As such, an applicant must obtain legal representation on their own.

3.  By regulation, applying to the ABCMR does not stay other proceedings.  Therefore, 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)                                         AR20140014212





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ABCMR Record of Proceedings (cont)                                         AR20140014212



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