BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20140020264 


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 records to show entitlement to the $50,000 Student Loan Repayment Program (SLRP) incentive that he contracted for upon enlistment in the Army National Guard (ARNG).

2.  The applicant states that, in July 2010, he spoke to a National Guard recruiter (Sergeant First Class (SFC) A__ F. H____) in Miami, FL, about enlisting in the ARNG.  He asked about the repayment of student loans and was told the SLRP required enlistment in the ARNG with a 6x2-year contract.  SLRP payments would be made annually and the maximum total amount that would be paid was $50,000 over the 6-year contract.  At the time, the applicant owed approximately $43,000 in student loans.

   a.  He states he provided the recruiter all of the information he requested, but the recruiter did not ask him for the master promissory note for his student loans.

   b.  A civilian employee (R__ O. H___) prepared the enlistment contract and the applicant enlisted on 23 September 2010.  The recruiter assured him an SLRP addendum was part of his contract and that he had entered the information in IMARC (the incentives system of record) for an SLRP Bonus Control Number (BCN).  The recruiter then instructed him to report to the Military Entrance Processing Station (MEPS) in Miami with his paperwork.  He also advised him to follow-up on his SLRP after reporting to his unit of assignment.

   c.  He was scheduled to be administered the oath of enlistment at the Miami MEPS on 28 October 2010.  At that time the same civilian employee prepared a second enlistment contract.  When he asked about the SLRP addendum, the civilian employee told him that the recruiter should have taken care of the SLRP addendum.  He contacted the recruiter and was again assured that the paperwork had been completed and the information entered into IMARC.

   d.  On 5 January 2011, he reviewed all the documentation that he had been provided, but there was no documentation for the SLRP.  He asked SFC M__ M. V___, a noncommissioned officer in the unit where he was performing duty, about his annual SLRP payment.  He explained his situation and during their discussion he told her he was never asked for the student loan master promissory note.  She told him to provide a copy of the promissory note to her and she would complete an SLRP addendum.

   e.  Later that month, the SFC V___ told him that the SLRP incentive actually was part of his enlistment contract because it was in IMARC for $50,000 with BCN S10090003FL.  At that point, he was satisfied the SLRP portion of his contract was in order and he did not pursue the matter any further because he was being reassigned on 31 January 2011.

3.  The applicant provides copies of a:

* DA Form 2823 (Sworn Statement), dated 10 January 2014, that offers the same statement he provides in his on-line application (summarized above)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* email messages with an 11th Recruiting and Retention Battalion MEPS Checklist

CONSIDERATION OF EVIDENCE:

1.  A DD Form 1966 series (Record of Military Processing – Armed Forces of the United States) was prepared by the Army recruiter on the occasion of processing the applicant for his entrance into the ARNG on 23 September 2010.

	a.  Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a (Specific Option/Program Enlisted For), shows he was enlisting under a 6x2-year contract for training in military occupational specialty (MOS) 92A1O (Automated Logistical Specialist) and assignment to the 856th Quartermaster (QM) Support Company.  It does not show the SLRP incentive.

   b.  Section VI (Remarks) shows, in pertinent part, "I understand that I am eligible for the SLRP.  I accept the SLRP."
   c.  The applicant and Army recruiter both signed the document.

2.  A DD Form 4 shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Florida ARNG (FLARNG) on 23 September 2010 for a period of 
1 year.  Section B (Agreements), Remarks, is blank (no entries).  Attached to the DD Form 4 is a Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment), dated 23 September 2010.  
It shows the applicant enlisted for the 856th QM Support Company and training in MOS 92A.  It does not show the SLRP incentive.

3.  A DD Form 4 shows the applicant enlisted in the ARNGUS on 28 October 2010 for a period of 7 years and 47 weeks and in the FLARNG for a period of 
6 years.  Section B (Agreements), Remarks, is blank (no entries).

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty for training (ADT) on 26 January 2011, was honorably released from ADT on 15 June 2011, and transferred to the 856th QM Support Company.  It also shows he completed the 9-week Automated Logistical Specialist course and was awarded primary MOS 92A1O.

5.  In support of his application the applicant provides email messages that show on:

* 13 December 2010, he sent copies of his college transcripts to SFC V___
* 14 December 2010, SFC V___ advised him official copies of his college transcripts were required
* 15 December 2010, he advised SFC V___ that he would have the college send the official transcripts within two weeks
* 16 December 2010, he sent copies of his college transcripts  to Ms. H___
* 4 January 2011, he contacted SFC V___ to confirm receipt of the college transcripts
* 5 January 2011, SFC V___ informed him that she had not received the transcripts
* 5 January 2011, he informed SFC V___ that the college had mailed the transcripts directly to her
* 13 January 2011, he sent SFC V___ a copy of the master promissory note and a letter of completion of all required courses for graduation
* 20 December 2013, he sent Staff Sergeant S__ V. D___, FLARNG, information about his SLRP discussions with SFC V___

6.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, VA.
   a.  The advisory official recommends administrative relief.  Both the FLARNG and NGB Incentives Branch concur with the advisory official's recommendation.

   b.  The NGB advisory official states, on 20 September 2010, a BCN was requested and BCN S10090003FL was issued.  However, the NGB advisory official cannot verify that an SLRP addendum was issued.

   c.  The advisory official notes that the applicant initially entered the FLARNG as a Non-Prior Service Enlistee on 23 September 2010 for 1 year in the Recruit Force Pool (RFP).  The DD Form 1966 shows the statement, "I understand that I am eligible for the SLRP.  I accept the SLRP."  This indicates the applicant intended to contract for the SLRP.  However, the Chaplain, Health Professional, and Enlisted Loan Repayment Program, effective 1 October 2009, requires a minimum of a 6 year enlistment to be eligible for the SLRP incentive.

   d.  On 28 October 2010, the applicant signed another DD Form 4 for a period of 6 years.  The contract did not indicate enlistment for the SLRP incentive.

   e.  On 27 March 2014, an exception to policy for the applicant's SLRP incentive was initiated.  On 5 November 2014, the NGB denied the exception to policy because payment of the incentive without a contract and the SLRP addendum would violate policy.

7.  On 18 June 2015, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

8.  Army Regulation 135-7 (Incentive Programs), in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.

	a.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

	b.  The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility.

9.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following:

   a.  contrary to a personnel policy or management objective;

   b.  against equity and good conscience; or 

   c.  contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  Records show that a DD Form 4 was prepared by a FLARNG recruiter to document the applicant's enlistment for 1 year in the RFP on 23 September 2010.  At that time, the applicant's intent to enlist for the SLRP was entered on the DD Form 1966, but an SLRP addendum was not completed.  However, an SLRP BCN was requested and BCN S10090003FL was issued.

2.  Records also show that another DD Form 4 was prepared to document the applicant's enlistment in the FLARNG for a period of 6 years.  However, the contract did not indicate enlistment for the SLRP incentive despite the fact that the applicant had clearly expressed his intent to enlist for the SLRP.  It is noted that this contract satisfied the minimum 6-year enlistment required to be eligible for SLRP incentive.

3.  The NGB advisory official and NGB/FLARNG incentives officials acknowledge the above facts, which clearly demonstrate that ARNG officials failed to complete the required contractual documents for the applicant's enlistment with the SLRP incentive.  The NGB denied the applicant's request for exception to policy because payment of the incentive without a contract and SLRP Addendum would violate policy (emphasis added).  However, given the NGB advisory, it's not clear why the request for exception to policy (emphasis added) was not granted.

4.  In any event, a review of the applicant's enlistment documents supports an SLRP incentive being offered at the time of enlistment, the applicant expressed his acceptance of the incentive offer made by the FLARNG in good faith, and he has otherwise fulfilled his obligations under the contract.  Thus, withholding payment of the SLRP incentive would be contrary to equity and good conscience and against the best interest of the Army.

5.  Therefore, in view of the foregoing, the applicant's records should be 
corrected, as recommended below.

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

   a.  voiding National Guard Bureau, Arlington, VA memorandum, dated 
5 November 2014, subject:  Request for Exception to Policy for Student Loan Repayment Program (pertaining to the applicant); and

   b.  showing, on 28 October 2010, an authorized Student Loan Repayment Program Addendum was completed with a total amount of repayment for qualifying loans not to exceed $50,000.00, that it was assigned Bonus Control Number S10090003FL, the document was properly signed by all required officials/individuals, and authorizing payment of the Student Loan Repayment Program incentive in accordance with the terms of the program.




      _______ _  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)                                         AR20140020264



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ABCMR Record of Proceedings (cont)                                         AR20140020264



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