IN THE CASE OF:	

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140019797 


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, that he be allowed to retain his Student Loan Repayment Program (SLRP) incentive and termination of the recoupment of funds already paid.  

2.  The applicant states:

     a.  He reenlisted for the SLRP on 12 May 2007.  He accepted the program on his reenlistment contract and he was told he would receive the incentive in seven payments starting on the first anniversary of his contract.  When he did not receive his loan repayment paperwork he talked to the recruiter who reenlisted him and he could not find the original paperwork.  His recruiter does not believe his paperwork was properly processed.  He signed a new SLRP contract, but the signature was dated after the reenlistment contract.  He received three payments before a problem was discovered.

     b.  He has exhausted all administrative means with the Idaho Army National Guard (IDARNG) to have his contract honored.  He applied for an exception to policy (ETP) and it was rejected by the National Guard Bureau (NGB) on 
8 August 2014.  He was eligible for and promised the SLRP at the time of reenlistment.  Failure to process or pay his incentive was no fault of his.  

     c.  Due to the exceptionally long delay in identifying a problem with the SLRP addendum he was not allowed to reenlist in 2013 for the SLRP.  He believes the refusal of the Army to honor his contract is an injustice.  He fulfilled his obligation and it is his expectation that the Army would do the same. 
3.  The applicant provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-5-R-E (SLRP Addendum)
* Memorandum, subject:  Request for ETP for SLRP [Applicant], dated                  8 August 2014 

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the Regular Army, the applicant enlisted in the ARNG on 30 January 2001.  He is currently serving in the IDARNG in the rank/grade of staff sergeant (SSG)/E-6 in military occupational specialty 21E (Heavy Equipment Operator).

2.  On 12 May 2007, he executed a 6-year extension in the IDARNG.  He agreed to remain in the IDARNG during the period of this extension.  His new ETS date was established as 12 May 2014. 

3.  His DA Form 4836 E, dated 12 May 2007, shows in item 8 (Provisions and Computation of this Extension) that he accepted the Montgomery GI Bill (MGIB), SLRP, and a Reenlistment/Extension Bonus. 

4.  On 12 May 2007, he signed/initialed NGB Form 600-7-3-R-E (Annex R to the DA Form 4836) which showed:

      a.  Upon his extension, he was eligible for the Selected Reserve Incentive Program (SRIP) and he did not have more than 20 years of total military service at ETS.  

     b.  He would receive a total bonus of $15,000, to be processed on the date his extension or reenlistment took effect. 

     c.  He understood that he would not receive a payment if he did not meet all requirements at the time of his reenlistment or extension.

5.  On 13 May 2008, he signed/initialed NGB Form 600-7-5-R-E (SLRP Addendum) which showed:

     a.  He agreed to serve in MOS 21E and he was extending for 6 years.

     b.  He had 8 existing loans in the amount of $14,225.  The total amount of repayment for qualifying loans would not exceed $20,000. 

     c.  An SLRP control number.

6.  At some point, he submitted an ETP request through the IDARNG to the NGB.  On 8 August 2014, the NGB denied his request to retain the SLRP incentive.  An NGB official stated: 

     a.  The applicant’s incentive addendum was signed after the reenlistment/extension documents which violated ARNG SRIP policy.

     b.  A review of his DA Form 4836 did support an incentive being offered but the control number and addendum were completed after the date of the extension; therefore the request could not be granted.

     c.  He had the right to petition this Board if he felt there was an error or an injustice. 

7.  DOD Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), 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 amounts 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a 6-year extension of his enlistment in the IDARNG on 12 May 2007.  His DA Form 4836 E shows he accepted the MGIB, SLRP, and a Reenlistment/Extension Bonus.  However, he did not sign the SLRP Addendum until 13 May 2008.  The addendum he signed was assigned a bonus control number, albeit a year later.  

2.  It appears that administrative errors were committed in the processing of his extension and SLRP addendum.  As a result of these errors, he is being forced to pay back and forfeit an incentive for which he extended.  

3.  He extended in good faith.  He continues to serve and he fulfilled the requirements of his contractual obligation.  He should not be penalized for an administrative error that was not his fault.  

4.  As a matter of equity, he should receive payment of his authorized loans in the contracted amount of $14,225 in accordance with SLRP regulatory guidance.  Additionally, his record should be corrected to terminate the SLRP recoupment action. 

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

* amending the applicant’s SLRP Addendum to show it was executed, witnessed, and assigned a Bonus Control Number on 12 May 2007
* stopping any recoupment action of his SLRP payments
* returning any funds that have been recouped



      _______ _   _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)                                         AR20140019797





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ABCMR Record of Proceedings (cont)                                         AR20140019797



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