IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021194 


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 an exception to policy (ETP) to allow his private Sallie Mae student loan to be paid by the Army National Guard's (ARNG) Student Loan Repayment Program (SLRP). 

2.  The applicant states, in effect:

* when he enlisted in the Maine Army National Guard (MEARNG), he was told by his recruiter and a noncommissioned officer (NCO) at the Military Entrance Processing Station (MEPS) that his student loan qualified for the SLRP
* based upon their assurances, he entered into an initial training program that ended up being 18 months in length; he was awarded military occupational specialty (MOS) 94M (Radar Repairer)
* upon successful completion of 94M MOS training, and despite the fact he twice requested confirmation of his eligibility, SLRP funds were not applied toward his student loan
* he then learned, because it was a private loan, it did not qualify
* he has had to continue paying on this loan and suffered financial hardship as a result; it has also affected his credit score
* he feels he was misled and that, because he lived up to his end of the bargain, the Army should stand by the representations made by his recruiter and the MEPS NCO


3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* memorandum, dated 18 April 2013, addressed to the MEARNG from the National Guard Bureau (NGB)
* an article, dated 18 October 2012, printed from www.defense.gov, titled Department of Defense (DoD) Teams up with Financial Bureau to Address Student Loan Problems

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MEARNG on 11 March 2010.  Annex L (Enlisted Loan Repayment Program Addendum - Army National Guard of the U.S.) to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.) which he authenticated shows: 

* he had one loan in the amount of $16,111.37
* he could receive an amount not to exceed $50,000 to apply toward the repayment of qualifying loans
* the loan must have been made, insured, or guaranteed under Part B of the Higher Education Act of 1965, or any loan made under Part E of that act
* the loans included were (See Section III – Entitlement & Payments):

* Stafford Loans (both subsidized and unsubsidized)
* Federally Insured Student Loans
* Perkins Loans
* Auxiliary Loans to Assist Students (ALAS)
* Supplemental Loans for Students (SLS)
* Consolidated Loan Program (CLP) and (SMART)
* William D. Ford Federal Direct Loan Program

* repayment of loans was his responsibility 
* maintaining loan account(s) in good standing was his responsibility
* his credit rating could be damaged
* lenders do not have to grant forbearance based on enrollment in the SLRP

2.  He entered active duty for training on 12 October 2010, and was honorably released from active duty on 22 October 2011.  His DD Form 214, as amended by a DD Form 215 (Correction of DD Form 214) shows he completed 1 year and 23 days of net active creditable service and was awarded MOS 94M after 47 weeks of training.

3.  On 4 September 2012, the Education Service Officer of the MEARNG submitted a memorandum to NGB requesting an exception to policy for the applicant.  He essentially wrote:

* upon completion of his initial training, the applicant contacted the Incentives office regarding the repayment of his student loan
* it was not until National Student Loan Data System (NSLDS) documents were requested that the applicant was told his Sallie Mae loan of $16,111.37 was private and therefore ineligible for the SLRP
* the applicant accepted assurances by his recruiter and a MEPS NCO that his loan qualified for the SLRP and enlisted in good faith
* he is now not receiving the SLRP due to no fault of his own

4.  On 18 April 2013, the NGB denied the ETP stating:

* the applicant was missing the required NSLDS documentation; this violates the ARNG policy for Chaplain, Health Professional, and Enlisted Loan Repayment Program (CHELRP) for fiscal year (FY) 2009
* he contracted for an incentive containing only private loans, which violates the CHELRP for FY 2009

5.  In response to a Congressional inquiry from the applicant's Senator, the MEARNG provided a response and a timeline describing actions associated with the applicant's SLRP.  It stated, in effect:

	a.  The MEARNG Incentives Office has worked to assist the applicant; with the denial from the NGB, his appeal was sent to the Army Board for Correction of Military Records (ABCMR)

	b.  The timeline given was as follows:

* 11 March 2010 - the applicant contracted for the SLRP
* 2012 - the applicant contacted the Education and Incentives Office asking why his loan had not been paid; it was then discovered he had a private Sallie Mae loan which was not eligible for SLRP
* 11 October 2012 - the Education and Incentives Manager submitted an ETP
* 13 December 2012 - the ETP packet was returned with a request for clarification; a determination whether the private loan actually went towards tuition costs
* 2 January 2013 - the Education and Incentives Manager contacted the applicant's school and determined a portion of the loan went towards tuition, with the balance for private use
* 2 January 2013 - the ETP was resubmitted
* 18 April 2013 - the NGB denied the ETP
* 19 April 2013 - the Education and Incentives Manager coordinated with the applicant's unit to assist in the submission of an application to the ABCMR; the application was later submitted

6.  NGB Education Division Instruction 1.1, dated 1 October 2009, contains all policy and procedural guidance for all loan repayment programs for the ARNG.  

	a.  This instruction supersedes all other policy and procedural guidance on the SLRP (now known as the ELRP), the Health Professional Loan Repayment Program and the Chaplain Loan Repayment Program.  The combined loan repayment program is now known as the CHELRP. 

	b.  Loans must have been taken out after 1 October 1975.  State and private loans are not eligible to be repaid under CHELRP.  Non-eligible loans are credit-based, such as Signature, Private, Alternative, and others.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an exception to policy enabling his private student loan to be paid under the ARNG's SLRP.  He contends he enlisted for this program in good faith, but was misled by his recruiter as well as an NCO at the MEPS.  Notwithstanding his statement that he was misled, he personally signed the Enlisted Loan Repayment Program Addendum - Army National Guard of the U.S also known as Annex L.  This addendum clearly states in Section III that the student loans must have been made, insured, or guaranteed under Part B and Part E of the Higher Education Act of 1965.  The addendum then lists the specific loans the Government will repay.  A Sallie Mae loan is not one of the listed student loans authorized for repayment by the Government. 

2.  Following Federal law, the NGB Education Division Instruction details the types of loans which will be repaid under the SLRP.  Unfortunately, this guidance specifically identifies private loans as not being eligible.  No provisions are given to provide for exceptions to this policy.

3.  While the applicant states he has suffered financial hardship and damaged his credit rating, he ultimately is responsible for the student loans he received as expressly stated in his signed Addendum.  As such, the Board does not have jurisdiction to render a compassionate decision in light of his financial hardships. The requirements for the SLRP are set in law and changes to the law are not within the purview of this Board.  There is neither an error nor an injustice in his case, as such, there is no basis for granting the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ x____  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __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)                                         AR20140021194



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ABCMR Record of Proceedings (cont)                                         AR20140021194



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