BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150001063 


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 allow him to retain the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the New York Army National Guard (NYARNG) in 2011.

2.  The applicant states:

	a.  The SLRP incentive was not contracted prior to his enlistment.

	b.  His SLRP Addendum exception to policy (ETP) was denied by the National Guard Bureau (NGB) for reasons out of his control.  The NGB memorandum states there were discrepancies with his incentive not contracting before his enlistment.  The error was caused by the Military Entrance Processing Station at Fort Hamilton when he stated his frustration about this incentive not being disclosed to him prior to his enlistment.

	c.  At the time of the said discrepancy, a staff sergeant made calls to the NYARNG Education Department and his SLRP was generated.  It was signed by him, the staff sergeant, and a sergeant first class as the witnessing officer and the SLRP Addendum was placed in his records in the integrated Personnel Electronic Records Management System.

	d.  The error and or injustice was brought to his attention after his ETP was denied by NGB in December 2014.

	e.  He has always believed he was in compliance with the NYARNG and its policies.

3.  The applicant provides a copy of his NGB Form 600-7-5-R-E (SLRP Addendum).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the NYARNG on 1 February 2011 for a period of 8 years.  Section VII (Addendums) of his Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment) does not list the SLRP Addendum.

2.  His NGB Form 600-7-5-R-E, dated 1 February 2011, shows he enlisted for the SLRP incentive of up to $50,000.00.  This form contains a bonus control number (BCN).  Section III (Acknowledgement) of this form states, "I understand that I may add new disbursed loans."  The pen and ink entry, "After the initial establishment of SLRP eligibility if I extend to have a remaining service obligation of at least six years," was added to this acknowledgement.

3.  He was promoted to sergeant effective 13 November 2014.

4.  On 1 December 2014, NGB disapproved his request for an ETP to retain the $50,000.00 SLRP incentive and stated:

	a.  The State Incentive Manager will terminate the SLRP incentive without recoupment effective the contract starting date.

	b.  The applicant did not contract for the incentive at the time of enlistment and is not eligible for retroactive entitlement which violates ARNG Chaplain, Health Professional, and Enlisted Loan Repayment Programs (CHELRP) Fiscal Year (FY) 2009.

	c.  The applicant's contract/bonus addendum has unauthorized pen and ink changes which violates ARNG CHELRP FY09.

	d.  The applicant's BCN was requested after the date of enlistment which violates CHELRP FY09.

5.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs) paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

6.  Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2, governs repayment of unearned portions of bonuses and other benefits.

	a.  Section 0201 (General Provisions) provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit.  If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit.  Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control.  Conditions under which repayment will not be sought are set forth in section 0202.

	b.  Section 0202 (Repayment and Non-repayment Conditions) provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control.  In addition, 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 one or more of the following:

* contrary to a personnel policy or management objective
* against equity and good conscience
* contrary to the best interest of the United States

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends the SLRP incentive was not disclosed to him prior to his enlistment, and his enlistment agreement does not show the SLRP incentive, his NGB Form 600-7-5-R-E confirms he enlisted in the NYARNG on 1 February 2011 for the SLRP incentive of up to $50,000.00.

2.  In December 2014, NGB disapproved his request for an ETP because:

* he did not contract for the incentive at the time of enlistment and is not eligible for retroactive entitlement
* his contract/bonus addendum has unauthorized pen and ink changes
* his bonus control number was requested after the date of enlistment

3.  The evidence confirms his SLRP Addendum with BCN is signed and dated 1 February 2011.  There is no evidence which shows the BCN was requested after the date of enlistment.

4.  The pen and ink entry in Section III of his SLRP Addendum is noted.  However, there is no evidence which shows this was an unauthorized pen and ink change.

5.  Nevertheless, it is the service representative's responsibility to know and administer the current policy guidance, not the inbound Soldier's.  The applicant is being denied the SLRP incentive based on administrative errors, not his eligibility.

6.  He has completed almost 5 years of ARNG service to date.

7.  Notwithstanding the NGB memorandum denying him an ETP to retain the SLRP incentive, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he requested and received approval for an ETP to retain the SLRP incentive of up to $50,000.00 in accordance with the terms of his SLRP Addendum.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing he was granted an ETP to allow him to retain the SLRP incentive offered on 1 February 2011 and

	b.  showing the Department of the Army authorized payment of the SLRP incentive of up to $50,000.00 in accordance with the terms of his 
NGB Form 600-7-5-R-E.



      ____________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)                                         AR20150001063



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ABCMR Record of Proceedings (cont)                                         AR20150001063



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