BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150002097 


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 records to show entitlement to the Student Loan Repayment Program (SLRP) in the amount of $50,000 as an exception to policy
* removal from her official military personnel file (OMPF) of the National Guard Bureau (NGB) memorandum, dated 22 September 2014

2.  The applicant states:

	a.  The SLRP Addendum she signed on 14 May 2011 needs to be corrected as an obsolete version was signed.  At that time, she was not aware the form she signed in conjunction with her extension was obsolete.  The human resources noncommissioned officer (NCO) who prepared the documents did not advise her of the existence of a revised version, nor did she disclose the fact that the addendum was obsolete.  She only became aware of it at a later date when an exception to policy (ETP) for the obsolete addendum to be considered valid had been filed on her behalf.  

	b.  The ETP was denied by NGB.  She believes the denial was unjust because she would not purposely execute an obsolete document thereby foregoing her entitlements under the addendum.  Furthermore, the denial memorandum states that two record Army Physical Fitness Test (APFT) failures were in violation of the requirements for eligibility and cited Army National Guard (ARNG) Chaplain, Health Professional, and Enlisted Loan Repayment Program (CHELRP) Fiscal Year 2009 (FY09) guidance.  If the obsolete addendum and the terms therein are honored, then the basis for denial of her ETP is moot and the denial memorandum should be removed from her OMPF.  

	c.  Alternatively, if her SLRP Addendum will not be honored, then she requests the removal from her OMPF of the SLRP Addendum, all related documents, and to regain her eligibility to receive a SLRP incentive.  She understands that she would have to extend her contractual obligation and she is ready and willing to do so upon confirmation of her eligibility to receive a SLRP incentive.  

3.  The applicant provides a memorandum, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), and Annex L to DD Form 4 ((Enlistment or Reenlistment Document) - SLRP Addendum ARNG).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Florida ARNG (FLARNG) on 23 February 2005 for a period of 6 years and she held military occupational specialty (MOS) 88M (Motor Transport Operator).  Her expiration of term of service (ETS) was 22 February 2011.  On 3 June 2008, she was promoted to the rank/grade of specialist/E-4.  She was assigned to the 1218th Transportation Company, Unit Identification Code (UIC) WP9FAA, West Palm Beach, FL.

2.  She was ordered to active duty as a member of her ARNG unit in support of Operation Iraqi Freedom and she entered active duty on 5 July 2009.  She was honorably released from active duty on 20 July 2010 to the control of the ARNG.

3.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued for this period of service shows she completed 1 year and 16 days of creditable active service and served in Kuwait/Iraq from 29 August 2009 to 25 June 2010.

4.  On 23 January 2011, she extended her enlistment in the FLARNG for a period of 1 year.  Her new ETS was 22 February 2012.  

5.  On 14 May 2011, she extended her enlistment in the FLARNG for a period of 6 years.  The DA Form 4836, dated 14 May 2011, she provides and her record contains, shows her new ETS as 22 February 2018 and the authority and reason for the extension as NGB Policy Memorandum Number 09-026 (Policy for Extension, Immediate Reenlistment, and Bar to Reenlistment/Immediate Reenlistment/Extension), Table 1, Rule F.  Table 1, Rule F of this policy memorandum authorized enlistments/extensions of 1 to 6 years for Soldiers who desired to extend to qualify for the SLRP.  This DA Form 4836 does not show the amount of the SLRP she was extending for.

6.  She provides and her record contains an SLRP Addendum, dated 14 May 2011, wherein it shows she acknowledged and agreed to the following:

* she was a prior service applicant who agreed to serve at least 6 years in the FLARNG
* loans must be 1 year old or older on the first anniversary eligibility date to qualify for repayment
* loans that fall into default at any time after her enlistment would not be eligible for repayment
* the portion that may be repaid annually on any qualifying loan(s) would not exceed 15 percent (not to exceed $3,500 per year) of the total of all loans or $500, whichever is greater
* payment would be processed on the anniversary date of her enlistment for each satisfactory year served
* she would be suspended from SLRP eligibility if she was flagged for an adverse action (does not include failure to maintain body fat standards or APFT failure) (emphasis added)

7.  The applicant and the authorized service representative signed and dated this SLRP Addendum on 14 May 2011 and it contains a bonus control number (BCN).  This addendum does not indicate the amount of the SLRP.

8.  On 6 June 2011, she was promoted to sergeant (SGT)/E-5.  

9.  She attended and successfully completed the Warrior Leadership Course from 7 October to 22 October 2011, at Camp Blanding, FL.  The DA Form 1059 (Service School Academic Evaluation Report) she was issued on 22 October 2011 shows she exceeded course standards and was the Distinguished Honor Graduate.

10.  In December 2011, she received a DA Form 2166-8 (NCO Evaluation Report (NCOER)) for the rated period 16 June through 30 November 2011 for her duties in MOS 88M while assigned to the 1218th Transportation Company.  This NCOER shows she passed the APFT on 2 April 2011, met the height/weight standards, and stated she maintained her standards throughout the entire year.

11.  Her record contains a DA Form 705 (APFT Scorecard) wherein it shows she failed a record APFT on 3 November 2012 and 2 March 2013.  

12.  The applicant provides a memorandum for the FLARNG State Incentive Manager (IM) from the NGB Deputy G-1, dated 22 September 2014, subject:  Request for ETP for SLRP (Applicant), denying the request for an ETP to retain the $50,000 SLRP.  The memorandum stated:

	a.  The State IM would terminate the SLRP with recoupment effective the date of the second APFT failure.  

   b.  The applicant’s contract/bonus addendum was obsolete which violated the ARNG CHELRP, FY09.  The State IM would assist the unit of assignment in completing the applicable addendum, labeling it "Corrected Copy," and explaining the terms and conditions of the incentive due to the incorrect entitlement that was initially authorized.  

	c.  The applicant’s bonus option was not selected which violated ARNG CHELRP, FY09.

	d.  The applicant’s BCN was requested after the date of extension which violated ARNG CHELRP, FY09.

	e.  The applicant’s contract details were:

* she enlisted in the FLARNG, UIC WP9FAA
* date of agreement was 14 May 2011
* contracted loan addendum amount was $50,000
* contracted MOS was 88M, her current MOS was 88M

   f.  The applicant may file a claim with the Army Board for Correction of Military Records if she feels an error or injustice exists.

13.  This NGB memorandum, dated 22 September 2014, is not currently filed in her OMPF nor does her record contain a subsequent or additional SLRP Addendum marked as "Corrected Copy" as directed by the NGB. 

14.  In February 2015, she received an NCOER for the rated period 1 December 2013 through 30 November 2014 for her duties in MOS 88M while assigned to the 1218th Transportation Company.  This NCOER shows she passed the APFT on 4 October 2014, met the height/weight standards, and stated she demonstrated excellent stamina, endurance, and military bearing during training.

15.  Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reserve Soldiers who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field.  The SLRP may only be elected at the time of enlistment or reenlistment.  To be eligible for the SLRP incentive, a person must contractually obligate himself/herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that when the applicant extended her enlistment in the FLARNG for 6 years on 14 May 2011 for assignment to the 1218th Transportation Company in MOS 88M, her DA Form 4836 was not properly annotated to show she was extending for the SLRP in the amount of $50,000.  However, the NGB confirmed her contracted loan addendum amount was $50,000 and that she contracted for assignment to the 1218th Transportation Company in MOS 88M.

2.  Her SLRP Addendum notified her that she would be suspended from SLRP eligibility if she was flagged for an adverse action, but not if the flagging action was for failure to maintain body fat standards or APFT failure.  In September 2014, the NGB stated an obsolete SLRP Addendum was used at the time of her extension, the BCN was requested after the date of her extension, and her entitlement to the SLRP should be terminated with recoupment as of the date of her second APFT failure on 2 March 2013.  

3.  It is evident that administrative errors were committed in processing the applicant's DA Form 4836 and SLRP Addendum.  However, she should not be penalized for errors that occurred through no fault of her own.  She extended in good faith in May 2011 and she continues to serve honorably in the FLARNG in MOS 88M.  She should not be penalized at this late date, over 4 years after her extension, based on requirements that were specifically listed on her SLRP Addendum as not disqualifying.  

4.  As a matter of equity, she meets the criteria to have her records corrected to show she executed a properly-constituted SLRP Addendum in the amount of $50,000 on 14 May 2011 with a valid BCN.  She is eligible to receive full administrative relief for payment of her authorized student loans in accordance with SLRP regulatory guidance.

5.  With respect to the removal from her OMPF of the NGB memorandum, dated 22 September 2014, a review of her record does not show this memorandum is filed in her OMPF.

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:

* granting her an exception to policy by showing her SLRP Addendum in the amount of $50,000 was properly executed on 14 May 2011, the addendum was witnessed by a service representative, the addendum contained a valid bonus control number, and the addendum was filed in her service records 
* paying her authorized student loans in accordance with the SLRP Addendum provided she submits the appropriate student loan documents
* returning any funds recouped 



      _______ _  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)                                         AR20150002097





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ABCMR Record of Proceedings (cont)                                         AR20150002097



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