BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150000401 


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 is entitled to a Student Loan Repayment Plan (SLRP) incentive.

2.  The applicant states:

     a.  When he contracted with the University of Idaho Reserve Officers’ Training Corps (ROTC) program, he was told by Captain S___ to sign his enlistment extension paperwork to ensure he would receive the SLRP.  Immediately following signing his extension paperwork he was told to sign his ROTC contract, which stated he would be receiving a $10,000 commissioning bonus since he forfeited the second half of his enlistment bonus to contract into the ROTC.

    b.  Following his graduation from ROTC and the University of Idaho, he attempted to submit the paperwork for his student loan repayment but it was denied because he signed both contracts on the same day.  He never received a commissioning bonus and still lost the second half of his initial enlistment bonus.  He appealed to the Nation Guard Bureau (NGB), but his request for SLRP was denied. 

3.  The applicant provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* DA Form 597 (Army Senior ROTC Non-Scholarship Cadet Contract)
* memorandum, subject:  Exception to Policy (ETP) Request for SLRP [Applicant], dated 23 August 2013 
* memorandum, subject:  Request for ETP for SLRP [Applicant], dated      24 November 2014
* DA Form 2823 (Sworn Statement)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 12 April 2006 for an 8-year period.  He contracted in military occupational specialty (MOS) 88M (Motor Transport Operator).  As a part of his enlistment he acknowledged the following addendums had been attached and were a part of his enlistment agreement:

* Enlistment Bonus Form
* Montgomery GI Bill (MGIB) Kicker
* MGIB

2.  His record is void of evidence showing his enlistment contract included a SLRP incentive.

3.  On 18 August 2007, he executed a 1 year, 4 month, and 7 day extension in the Idaho ARNG (IDARNG).  He agreed to remain in the IDARNG during the period of this extension.  His new expiration term of service date was established as 18 August 2013. 

3.  His DA Form 4836 E, dated 18 August 2007, shows in item 8 (Provisions and Computation of this Extension) that he accepted the Montgomery GI Bill (MGIB), continuation of SLRP, and a Reenlistment/Extension Bonus.  His record is void of an SLRP incentive addendum.

4.  On 18 August 2007, he also executed an Army Senior ROTC Non-scholarship Cadet Contract.  His ROTC contract is void of information pertaining to a commissioning bonus.

5.  On 14 May 2010, he was appointed as a Reserve commissioned officer.

6.  A memorandum, subject:  ETP Request for SLRP [Applicant], dated             23 August 2013, submitted by the IDARNG to the NGB stated:

* the applicant contracted for the $20,000 SLRP on 18 August 2007
* he is unable to locate the signed SLRP addendum
* the DA 4836 E (Oath of Extension of Enlistment or Reenlistment) is contained in his official military personnel file
* he was advised to sign the ROTC Non-Scholarship Cadet Contract immediately following contracting for SLRP
* in 2010 he was told he was ineligible for SLRP due to signing the extension and ROTC contract on the dame day
* the error was not the fault of the applicant
 
7.  A memorandum, dated 24 November 2014, from the NGB, subject:  Request for ETP for SLPR [Applicant] stated:

* ETP to retain the $20,000 SLRP was denied
* the State Incentive Manager would terminate the incentive without recoupment effective the contract start date as no payments were processed
* the applicant entered simultaneous member program (SMP)/ROTC program which was not authorized in accordance with policy which violates ARNG Selected Reserve Incentive Program (SRIP) 07-06
* the applicant’s incentive addendum could not be found which violated ARNG SRIP 07-06
* the applicant signed his DA 4836 for extension of his enlistment concurrently  with his  DA 597 contracting his as a ROTC cadet; therefore, his request could not be granted
* the applicant could file a claim with the Army Board of Correction for Military Records  

8.  Memorandum, subject:  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009 (Policy Number 07-06) established the policy to administer the ARNG SRIP.  It stated:

    a.  Applicants enlisting under the Officer Candidate School (OCS) enlistment option or who contracted in the SMP/ROTC were not authorized any incentives with the exception of the Officer Accession Bonus (upon commissioning).

     b.  Enlisted Soldiers receiving SLRP will remain eligible while attending OCS or Warrant OCS or after contracting into the ROTC/SMP. 

DISCUSSION AND CONCLUSIONS:

1. The applicant signed an extension of his enlistment concurrently with a ROTC contract. 

2.  Based on the ARNG SRIP Guidance for FY 2007, 2008, and 2009, when he contracted into the ROTC he was not entitled to any incentives with the exception of the OAB; however, his ROTC contract is void of information pertaining to an OAB.

3.  ARNG SRIP guidance authorized enlisted Soldiers who were receiving SLRP to remain eligible; however, he was not receiving SLRP when he contracted into the ROTC.  

4.  In view of the foregoing, there is no basis for granting his 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)                                         AR20150000401





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ABCMR Record of Proceedings (cont)                                         AR20150000401



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