IN THE CASE OF:  	  

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140018493 


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, in effect, entitlement to the Student Loan Repayment Program (SLRP) in an amount up to $50,000.

2.  The applicant states on 29 August 2010, she extended her term of service for six years through 26 September 2016.  Despite completing the necessary paperwork and receiving assurances from the Education Office and the State Career Counselor that her loans would be repaid, no payments have been applied to her outstanding student loans.  After three years errors were discovered in her extension documents and her unit made an attempt to correct them immediately.  Her unit's request for an exception to policy (ETP) to retain the SLRP was denied.  The SLRP was a major reason for her extension and the loan repayments she has been making to maintain "good standing" on her accounts have become a financial hardship.

3.  The applicant provides copies of:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated      29 August 2010
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form    4 -SLRP Addendum), undated
* DA Form 4187 (Personnel Action), dated 21 May 2013
* Memorandum, Subject:  Request for ETP for SLRP, dated 4 August 2014
* Memorandum, Subject:  ETP for [applicant's] SLRP contract, dated 9 July 2014


* Various email correspondence between the applicant and Army officials
* Various student loan records

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.  The applicant enlisted in the Indiana Army National Guard (INARNG) on 
27 September 2004 for a period of six years.

3.  A DA Form 4836, as provided by the applicant and found in her Official Military Personnel File (OMPF), indicates on 29 August 2010, she extended that enlistment for a period of 6 years, which adjusted her expiration term of service (ETS) date to 26 September 2016.

4.  On an unknown date, she completed an NGB Form 600-7-5-R-E wherein she requested eligibility for the SLRP.  On this form, she indicated she had six student loans totaling $12,976.00.  She further indicated she 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 her understanding of and agreement to:

* furnish her commander with copies of all promissory notes
* contact her unit to request payment on her loans
* provide her 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 her 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 she may add new loans only at the time of an extension of service for a period of not less than 6 years

5.  On 4 August 2014, the Deputy G1 (Personnel Officer), National Guard Bureau (NGB), denied the applicant's request for an ETP concerning her 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).

6.  The applicant provides a DA Form 4187, dated 21 May 2013, which shows the applicant's unit commander recommended approval to correct administrative errors found on the applicant's DA Form 4836 to show she extended for a period of six years under the provisions of "Table 1, Rule F, NGB ARH Policy Memorandum #09-026, dated 13 August 2009."

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and ARNG.  It states applicants enlisting for incentives under the SRIP, including the SLRP, will be required to sign documents that specify the eligibility criteria and the term of service for the incentive.  Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions that can cause termination and recoupment.  These documents must be authenticated by a proper witnessing official and will include the preparation date.  The appropriate incentive addendum must be completed and a copy made a permanent part of each enlistment or affiliation packet.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her military records to show she was eligible for the SLRP during her enlistment with the INARNG.

2.  The available evidence shows that on 29 August 2010 she extended her contract in the INARNG for a period of 6 years.  She was offered and signed the SLRP contract along with the appropriate Army officials and this document further shows she was issued a bonus control number.  It is unclear why her SLRP addendum is void of any dates but this administrative error was not discovered after she has already served more than 3 years of her extension and should not prevent her from retaining her SLRP.  She should not be penalized for the errors committed by her unit and higher headquarters.

3.  A review of her case clearly shows she was not at fault for any of the administrative errors that occurred in the processing of her contracts.  Accordingly, her records should be corrected to show the NGB approved her request for ETP.  Furthermore, all SLRP payments should be paid for loans identified at the time of her extension provided all terms of the contract have been complied with.

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 and State Army National Guard records of the individual concerned be corrected by showing that the NGB approved an ETP to allow her to retain her SLRP for qualifying outstanding student loans identified at the time of her reenlistment/extension in the INARNG provided all terms of the contract have been complied with.




      ____________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)                                         AR20140018493





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018493



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1