IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150002402  


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, in effect, reinstatement of his entitlement to the 
Student Loan Repayment Program (SLRP).

2.  The applicant states SLRP Bonus Control Number (BCN) S10050005IN was 
terminated due to "retroactive offering" because the service representative dated 
the SLRP addendum after the DD Form 4 (Enlistment/Reenlistment Document 
Armed Forces of the United States) was signed.  The applicant did not date the 
SLRP addendum and stated his DD Form 4 was not filled out correctly in that the 
DD Form 4 did not show the SLRP had been offered.  

	a.  When the applicant enlisted in the Indiana Army National Guard (INARNG) 
on 21 January 2010, he believed he was signed up for the SLRP.  There were 
some administrative errors on his DD Form 4 that were not discovered until after 
he left the Military Entrance Processing Station (MEPS).  Once the errors were 
discovered, they were corrected using a DA Form 4187 (Personnel Action).  The 
applicant was not aware that this DD Form 4187 had not been included in his 
Official Military Personnel File (OMPF) in the interactive Personnel Electronic 
Records Management System (iPERMS).  An exception to policy (ETP) was 
submitted and the National Guard Bureau (NGB) denied the ETP request.  The 
DA Form 4187 would have resulted in his ETP being granted, if it had it been 
properly placed in iPERMS.  He enlisted in good faith believing he would receive 
the SLRP. 



3.  The applicant provides:

*	DA Form 4, dated 21 January 2010
*	Guard Annex (Enlistment/Reenlistment Army National Guard (ARNG) 
Service Requirements and Methods of Fulfillment), dated 21 January 2010
*	DD Form 1966 (Record of Military Processing - Armed Forces of the 
United States), dated 21 January 2010
*	DA Form 4187, dated 6 may 2010
*	Annex L to DD Form 4 (SLRP Addendum - ARNG of the United States 
(ARNGUS)), dated 7 May 2010
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	memorandum for record, dated 25 April 2013
*	memorandum for record, ETP request, dated 3 July 2013
*	ETP request, dated 17 July 2013
*	ETP denial, dated 4 March 2014
*	notification of ETP request, dated 6 March 2014 
*	self-authored statement, dated 5 February 2015
*	letter of support, dated 5 February 2015
*	Army Board for Correction of Military Records (ABCMR) Checklist, 
undated

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction 
of military records must be filed within 3 years after discovery of the alleged error 
or injustice.  This provision of law also allows the ABCMR to excuse an 
applicant's failure to timely file within the 3-year statute of limitations if the 
ABCMR determines it would be in the interest of justice to do so.  While it 
appears the applicant did not file within the time frame provided in the statute of 
limitations, the ABCMR has elected to conduct a substantive review of this case 
and, only to the extent relief, if any, is granted, has determined it is in the interest 
of justice to excuse the applicant's failure to timely file.  In all other respects, 
there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record contains a DD Form 4 showing he enlisted in the 
INARNG on 21 January 2010 for 8 years (8X0).  Section 8a of his DD Form 4 
states "The additional details of my enlistment/reenlistment are in section C and 
Annex(es) and describe A."

3.  He provided a Guard Annex, dated 21 January 2010, showing he enlisted in 
the INARNG, specifically for:

*	Troop B, 1st Squadron, 152nd Cavalry, Unit Identification Code (UIC) 
WPPTBO, Connersville, IN [MTOE unit]
*	Military Occupational Specialty (MOS) 19D (Cavalry Scout)
*	Program S (Standard Training)

4.  His record contains a DA Form 4187, dated 6 May 2010, requesting 
amendment of his DA Form 4 in section 8a to read "The additional details of my 
enlistment/reenlistment are in section C and Annex(es) and describe A L."  This 
form also states that supporting documents were attached, including a master 
promissory note which had been verified and approved by the education branch. 
The Selected Reserve Incentive Program (SRIP) manager approved the 
DA Form 4187 on 6 May 2010.  This DA Form 4187 included the following 
attachments:

	a.  Annex L to DD Form 4/SLRP addendum shows:

		(1)  the applicant was a non-prior service applicant enlisting in a Modified 
Table of Organization and Equipment (MTOE)/or deploying Table of Distribution 
and Allowances (TDA) unit, UIC WPPTBO, for a term of service not less 
than6 years in the ARNGUS with a current statutory obligation of 8 years.  

		(2)  He contracted for SLRP in the amount of $50,000.00

		(3)  He was in test score category I-IIIA, had an Armed Forces 
Qualification Test (AFQT) score of 88, and had 1 disbursed loan.  

		(4)  He understood that he was required to become MOS qualified 
(MOSQ) within 24 months of his enlistment and that each year, 90 days before 
his anniversary, he would contact his unit to make payment on the loan(s).

		(5)  The applicant signed but did not date the addendum, the service 
representative signed and dated it 7 May 2010, and the witnessing official signed 
but did not date the document.  Additionally, the SLRP BCN was listed as 
510050005IN.

	b.  A master promissory signed and dated by the SRIP manager on 
15 January 2010.

5.  He entered active duty for training (ADT) on 18 May 2010.  During this period 
Orders Number 221-0450, issued by U.S. Army Installation Management 
Command, Headquarters, U.S. Army Garrison Command, Fort, Knox, KY on 
9 August 2010, awarded him MOS 19D effective 16 September 2010.

6.  He was honorably released from ADT on 16 September 2010.  His 
DD Form 214 listed his MOS as 19D and indicated he was returned to Troop B, 
1st Squadron, 152nd Cavalry, UIC WPPTBO.

7.  The INARNG Education Services Officer drafted a request for ETP, dated 
17 July 2013, wherein he requested the NGB allow the applicant to retain the 
SLRP incentive.  

8.  By memorandum dated 4 March 2014 the NGB denied the ETP for retention 
of the SLRP incentive..  The NGB referenced NGB Education Division Instruction 
1.1 (NGB-EDUi 1.1), ARNG, Chaplain, Health Professional and Enlisted Loan 
Repayment Programs (CHELRP), dated 1 October 2009 (effective 1 October 
2009 - 31 July 2011) and stated:

	a.  An ETP to retain the $50,000.00 SLRP for the discrepancies listed below 
was denied and the State SLRP manager was directed to invalidate the 
incentive.  

		(1)  The applicant did not contract for the incentive at the time of 
enlistment and is not eligible for retroactive entitlement, as it would violate ARNG 
CHELRP Fiscal Year (FY) 2009.  

		(2)  The applicant's incentive addendum contains missing signature dates 
from the applicant and the witnessing official, which violates ARNG CHELRP 
Fiscal Year (FY) 2009.  

		(3)  The applicant's BCN was requested after the date of enlistment, which 
violates ARNG CHELRP Fiscal Year (FY) 2009.  

	b.  The applicant enlisted in the INARNG on 21 January 2010.  Neither the 
DD Form 4 nor the DD Form 1966 supports any incentive being offered at the 
time of enlistment.  The SLRP BCN was not requested until 7 May 2010, and the 
only signature date listed on the SLRP addendum was affixed by the Service 
Representative on 7 May 2010; therefore, the request cannot be granted.  

9.  The applicant's commander provided a letter of support dated 5 February 
2015.  The commander stated the applicant enlisted in the INARNG and signed 
up for the SLRP.  There were administrative errors on his DD Form 4 and the 
addendum from the MEPS station in Indianapolis at the time of his enlistment.  
Nevertheless, he served in good faith and without issues while under the 
assumption that his student loans were being paid.  When his unit submitted the 
ETP request the DA Form 4187 did not go up with the request and his request 
was denied.  His commander is requesting the applicant’s request for ETP be 
favorably considered by the Board and the SLRP addendum be honored 
because the original error occurred at MEPS through no fault of the applicant.

10.  NGB-EDUi 1.1, ARNG, CHELRP, paragraph 2-3 (Enlisted Eligibility) [dated 
1 October 2009] states, to be eligible for the Enlisted Loan Repayment Program 
(ELRP) a Soldier must be a secondary school (high school) graduate and have 
one or more qualifying, and disbursed loans at the time of enlistment/re-
enlistment/extension.  Payments on loans cannot exceed the $50,000 amount 
authorized under the initial contract, with a maximum payment of 15 percent 
($7,500 cap per Soldier, per year) or $500 per year, whichever is greater.  All 
non-prior service (NPS) enlistees must meet the following eligibility requirements 
in addition to the general requirements: enlist for either a 6x2 or 8x0 enlistment 
option; enlist into a combat support (CS), MTOE, Aviation Classification Repair 
Activity Depot (AVCRAD), Regional Training Institute (RTI) or a Medical or 
Special Forces TDA Unit; and qualify as a Category I-IIIA enlistment (AFQT of 50 
or higher).

11.  ARNG SRIP Guidance for FY 2007, 2008, and 2009, 10 August 2007 – 
30 September 2009 (Policy Number 07-06) with updates, dated 10 August 2007, 
updated on 17 February 2009 states in paragraph 9 (Enlisted SLRP), that no 
SLRP contract may exceed $50,000 and payments on loans cannot exceed the 
amount authorized under the initial contract.  Applicants/Soldiers must have one 
or more qualifying, and disbursed loans at the time of enlistment and Soldiers 
must enlist into a MTOE or deploying TDA unit.  Any Soldier who initially 
contracts for the SLRP on or after the effective date of this memorandum may 
continue SLRP eligibility by immediately extending for a period of not less than 
6 years after the current contract term has expired. These Soldiers may continue 
to extend in this manner until they reach the maximum dollar amount authorized 
on their initial SLRP contract.  The ARNG offers a NPS SLRP as an enlistment 
incentive for NPS enlistees.  It may be offered in addition to any NPS enlistment 
bonus.  The total amount of SLRP will not exceed the initial contracted amount 
with a maximum payment of 15 percent or $500 per year, whichever is greater.  
All NPS enlistees must meet the following eligibility requirements to receive the 
SLRP: Soldiers must enlist for either a 6X2 or 8X0 enlistment option; Soldiers 
must qualify as a Category I-IIIA enlistment (AFQT of 50 or higher); Applicants 
who enlist in a MTOE unit will receive the $50,000 SLRP.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's master promissory note was 
signed and dated by the SRIP manager on 15 January 2010; 6 days before he 
signed his DD Form 4.  This shows intent to include the SLRP as part of the 
enlistment contract. 
2.  His DD Form 4 and Guard Annex were signed on 21 January 2010 and did 
not contain any mention of an SLRP addendum.  However, his DD Form 4 was 
later corrected by a DA Form 4187, dated 6 May 2010, to show an SLRP 
addendum was attached or included as part of the enlistment contract.  

3.  His record also includes the SLRP addendum, which the applicant, the 
service representative, and the witnessing official all signed.  However, only the 
service representative dated the addendum on 7 May 2010.  Additionally, this 
addendum contains a BCN.

4.  The applicant met the necessary criteria for the SLRP in that he was a NPS 
enlistee who enlisted for 8 years, in an MTOE unit, and he had an AFQT score of 
88, which exceeded the requirement of 50.

5.  The applicant's request should be considered as a matter of equity because:

	a.  The errors occurred at the MEPS station and were not the applicant's fault.

	b.  The evidence indicates an intent to offer the SLRP prior to the date listed 
on the DD Form 4.

	c.  The applicant served in good faith believing he would receive the SLRP.

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 
Department of the Army and State Army National Guard records of the individual 
concerned be corrected by:

*	showing he is/was eligible for the SLRP in accordance with the terms of 
his enlistment contract, dated 21 January 2010, as an exception to policy 
*	showing all necessary documents pertaining to his receipt of SLRP were 
completed and processed timely
*	paying his student loans with the SLRP funds as specified in his 
enlistment contract 



      ___________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)                                         AR20150000515


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ABCMR Record of Proceedings (cont)                                         AR20150002402


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