IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140020456
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 her military records to show she remains entitled to payment of her student loans under the Student Loan Repayment Plan (SLRP).
2. The applicant states she was offered the SLRP when she executed her reenlistment contract with the North Dakota Army National Guard (NDARNG). Although she did not meet the requirement of having to be duty military occupational specialty (DMOS) qualified at the time, the incentive was offered to her and she accepted it in good faith.
3. The applicant provides copies of:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Annex L to DD Form 4 (Student Loan Repayment Program Addendum Army National Guard of the United States)
* National Guard Bureau (NGB) Memorandum, dated 6 November 2014, Subject: Request for Exception to Policy (ETP) for SLRP.
CONSIDERATION OF EVIDENCE:
1. The applicant is a specialist/E-4 in the NDARNG.
2. Following prior service in the Minnesota Army National Guard, the applicant executed a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) to enlist in the NDARNG effective 25 June 2012. She indicated she had 4 years, 6 months, and 17 days of prior military service.
3. A NGB Form 600-7-5-R-E (Annex L to DD Form 214 - Student Loan Repayment Program Addendum Army National Guard of the United States) completed in conjunction with her 25 June 2012 enlistment shows in:
a. Section II (Eligibility) Item 2 she indicated she was DMOS qualified for the position for which she was enlisting.
b. Item 2c she indicated she had 10 disbursed loans in the amount of $32,347.
c. Section VII (Authentication) the applicant, a service representative, and a witness signed the form.
4. A bonus control number (BCN) is at the top of each page of the Addendum.
5. On 6 November 2014, the NGB denied the request for an ETP to allow the applicant to retain the SLRP entitlement. The denying official stated the applicant's contract/bonus addendum was obsolete and she did not enlist MOS qualified on the contracted MOS. The official indicated the applicant enlisted on 25 June 2010 and became DMOS qualified on 17 December 2010 and the ARNG does not have the authority to grant the ETP. The State was directed to terminate the incentive with recoupment.
6. In a 7 November 2014 memorandum the NDARNG G1 indicated it was their official stance that the applicant should be allowed to retain eligibility for the SLRP because the incentive was offered to her and she accepted it in good faith.
7. Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding she was entitled to and would receive the SLRP.
2. The Addendum was signed by the appropriate officials and a BCN is included. There is more than sufficient evidence available to show the applicant believed she would receive the SLRP that she was promised.
3. It would be appropriate to correct the applicant's military records to show she remains entitled to the SLRP.
4. In view of the above, the applicant's request should be granted.
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 showing the appropriate authority approved an ETP allowing the applicant to remain entitled to payment of her student loans under the SLRP.
____________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) AR20110020775
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ABCMR Record of Proceedings (cont) AR20140020456
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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