IN THE CASE OF: 

		BOARD DATE: 18 June 2015

		DOCKET NUMBER:  AR20140019101


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 eligible for the Student Loan Repayment Program (SLRP) during his enlistment in the West Virginia Army National Guard (WVARNG).  He further requests to receive the final loan payment and that the recoupment action for previous payments be terminated.

2.  The applicant states that at the time of his reenlistment the WVARNG Incentive Manager verified his contract and issued an SLRP Control Number.  He signed the addendum on 6 March 2006.  He completed his military occupational specialty training (MOS) for 13B on 21 August 2006.  He received all of his SLRP payments except for the final payment.  When he inquired about the remaining payment, he was subsequently informed that he was not entitled to the SLRP and that it would be recouped.

3.  The applicant provides copies of:

* National Guard Bureau (NGB) Form 600-7-5-R-R (Annex S to DD Form    4 -SLRP Addendum), dated 11 May 2006
* Orders 249-631, WVARNG, dated 6 September 2006
* Memorandum, subject: Request for Exception to Policy (ETP) for SLRP, dated 13 August 2014
* Memorandum, subject: Notification of ETP Result, dated 4 September 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.  At the time of application, the applicant was serving as a sergeant, pay grade E-5 in the WVARNG.

3.  A DD Form 4, dated 15 December 2005, shows that the applicant enlisted in the WVARNG beginning in the pay grade of E-5.  Annex A, Section III, Explanation to Applicant, shows the applicant understood he was required to undergo training in MOS 13B.  The annex was signed by the applicant and recruiting/retention noncommissioned officer on 15 December 2005.

4.  On 6 March 2006, the applicant completed an NGB Form 600-7-5-R-E wherein he requested eligibility for the SLRP.  The form indicates that he enlisted in the critical skill 13B which was authorized an SLRP.  He was required to remain in the contracted MOS for the first 3 years of his enlistment.  On this form, he indicated he had a student loan amounting to $11,909.82.  He further indicated he had not previously received the SLRP as an enlistment, reenlistment, or extension option in the Selected Reserve.  The form contains an SLRP control number. The incentive manager signed the form on 11 May 2006.

5.  Orders 249-631, WVARNG, dated 6 September 2006, announced the applicant's successful completion of MOS training and award of 13B effective 
21 August 2006.

6.  On 13 August 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 applicant not having held MOS 13B as a prior service member.



5.  In a memorandum, dated 4 September 2014, the applicant was notified by his personnel officer his request for ETP was denied and that the previous SLRP payments would be recouped.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show he was eligible for the SLRP during his enlistment in the WVARNG.  He further requests to receive the final loan payment and that the recoupment action for previous payments be terminated.

2.  The available evidence shows that on 15 December 2005, the applicant enlisted in the WVARNG with the understanding that he would have to complete training in MOS 13B.  He was also offered and signed an SLRP contract in March 2006.  It shows he was issued an SLRP control Number.  In August 2006 he completed his MOS training.  In 2014, after about 8 years of service in the WVARNG, he was informed that he was not entitled to the SLRP and that all previous payments would be recouped.  There is no evidence showing that the applicant did anything wrong.  He relied on the experience and knowledge of the incentive manager and other personnel in positions of responsibility who should have known the requirements and processes.  To penalize the applicant at this late date by denying the final SLRP loan payment and to recoup all previous payments is blatantly unfair and harsh.

3.  In view of the above, and as a matter of equity, the applicant's records should be corrected to show he was properly and timely authorized the SLRP.  Furthermore, previous SLRP payments should not be recouped and he should receive the final payment as originally contracted.

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 enlistment contract, to include the addendum for the SLRP;

	b.  showing he was MOS qualified for the SLRP program; and

	c.  terminating any ongoing recoupment action, repaying any recoupment of these monies that may have already occurred that is related to this correction of records, and paying the final SLRP payment that was denied.




      ___________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)                                         AR20140019101



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