IN THE CASE OF: 

		BOARD DATE: 24 March 2015

		DOCKET NUMBER:  AR20150002113 


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 remains entitled to payment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states he was offered the SLRP incentive when he contracted with the Oregon Army National Guard (ORARNG) on 8 November 2010.  However, he has been denied the incentive due to a clerical error in his contract.

3.  The applicant provides copies of:

* DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 16 November and 30 December 2010
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 November 2010
* Annex L to DD Form 4 (Student Loan Repayment Program Addendum ARNG of the United States), dated 16 November 2010
* Exception to Policy (ETP) request with supporting documentation
* ORARNG Memorandum, Subject:  (The applicant's name) SLRP, dated 
14 October 2012
* National Guard Bureau (NGB), Memorandum, Subject:  Request for ETP for SLRP, dated 15 April 2014


CONSIDERATION OF EVIDENCE:

1.  The applicant is a sergeant/E-5 in the ORARNG.

2.  The applicant executed a DD Form 1966, dated 16 November 2010, indicating he was enlisting in the 234th Army Band, Portland, Oregon with entitlement to the Enlisted Loan Repayment Program.  This form shows the signature of Sergeant First Class (SFC) M____ P. F____, Recruiter.

3.  A DD Form 4 shows he enlisted in the ORARNG on 16 November 2010 for a period of 1 year.  

4.  An SLRP Addendum completed in conjunction with his 16 November 2010 enlistment shows in:

	a.  Section II (Eligibility), item 2c he indicated he had one disbursed loan in the amount of $25,000 and the total amount of repayment for qualifying loan(s) would not exceed $50,000.

	b.   Section VII (Authentication) the applicant and a service representative signed the form.

5.  A bonus control number (BCN) is at the top of each page of the Addendum.

6.  A DD Form 4 shows he reenlisted in the ORARNG on 30 December 2010 for a period of 7 years and 42 weeks.  This reenlistment was 45 days after his 
16 November 2010 enlistment.

7.  In a 14 August 2013 memorandum, the Commander, 234th Army Band, stated the applicant enlisted in the ORARNG to serve in the Army band and to be eligible for the SLRP incentive.  He further revealed that "At the time of his enlistment (the applicant) was caught up in a transition period at the local MEPS (Military Entrance Processing Station) in their efforts to manage a new process called RFP that created confusion during his In-Processing."  Additionally, he stated the lack of systematic understanding prompted the MEPS to enlist the applicant as a non-prior service enlistee for 1 year and they had him sign his SLRP incentive contract which puts us where we are today.  Forty-five days after signing a 1-year contract the applicant was recalled to the MEPS to sign a new DD Form 4 for a period of 7 years and 42 weeks on 30 December 2010, which more than meets the required 6-year enlistment to qualify for the SLRP.  The applicant should not be penalized for the mis-handling of enlistment documents by the Oregon MEPS.
8.  On 15 April 2014, the NGB denied the applicant's request for an ETP to retain the SLRP incentive.  The denying official stated, "The applicant's incentive addendum was signed before the reenlistment/extension documents which violates ARNG CHELRP (Chaplain, Health Professional and Enlisted Loan Repayment Program) FY 2009."  The official further stated, "(The applicant) may have been eligible to contract for incentives at the time of returning to an active status, he enlisted into the ORARNG Recruit Force Pool (RFP) on 16 Nov 2010.  The RFP is an inactive status force and (those individuals are) not authorized incentives; therefore, the request cannot be approved."  The State was directed to terminate the incentive without recoupment.

9.  In support of his request, the applicant provides a 234th Army Band memorandum in which the Commander recommends the applicant's records be corrected to show he is eligible for the SLRP.  The Commander states:

	a.  In March 2013, the applicant asked about his SLRP payment and they discovered at the unit level that there was a discrepancy in this contract.  He was enlisted for 1 year and then reenlisted for 7 years and 42 weeks.  The SLRP addendum was attached to his 1-year initial contract.

	b.  The applicant is due the student loan repayment as he enlisted in good faith for the incentive.  The non-payment was through no fault of his and was a minor clerical error in his enlistment process.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant entered into a contract with the understanding that he was entitled to and would receive the SLRP incentive. 

2.  The Addendum was signed by the appropriate officials and a BCN was included.  The addendum was included in his initial 1-year enlistment contract but not in his reenlistment contract 45 days later.  The available evidence is more than sufficient to show the applicant believed he would receive the SLRP incentive that he was promised.  

3.  It would be appropriate to correct the applicant's military records to show he remains entitled to the SLRP incentive. 

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 his 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)                                         AR20150002113



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