IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20150002502
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 restoration of his Student Loan Repayment Program (SLRP) contract.
2. The applicant states he was offered an incentive of up to $50,000 under the SLRP. He signed all the necessary documents for this incentive. The loans were paid for the first 2 years, but then the payments stopped. He received a letter stating that the incentive documents were incorrect. He requested an exception to policy. That request was denied. He has to repay the money. There was an error in the original contract that had nothing to do with him. The person who filled out the paperwork wrote down the incorrect rule. Instead of writing rule F5, they wrote rule A. He had no reason to be familiar with the different rules. This minor paperwork error is costing him over $40,000.
3. The applicant provides copies of
* DA Form 4638 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-5-R-E (Annex L to DD Form 4) (Enlisted Loan Repayment Program Addendum Army National Guard of the United States)
* National Guard Bureau (NGB) Memorandum for the North Dakota Army National Guard (NDARNG), dated 2 May 2014
* DA Form 4187 (Personnel Action) ,approved 16 May 2014
* NDARNG Memorandum for the applicant, dated 18 December 2014
* Joint Force Headquarters. NDARNG Memorandum to the Army Board for Correction of Militsary Record (ABCMR), dated 18 December 2014
CONSIDERATION OF EVIDENCE:
1. On 4 August 2010, the applicant, then a sergeant in the NDARNG, extended his enlistment by 3 years, and 10 months, thereby making his new expiration of term of service (ETS) date 4 August 2016. His DA Form 4836 shows in Block 9 (Authority and Reason for Extension)," TABLE 1 RULE A NGB-AHR Policy 09-026."
2. He subsequently completed the NDARNG officer candidate school and accepted a commission.
3. Pertinent paragraphs of The NGB Form 600-7-5-R-E that was executed when the applicant extended shows in
* Section II-Eligibility, paragraph 2c, "I have 5 disbursed loans existing in the amount of $31,992.00. The total amount of repayment for qualifying loan(s) will not exceed $50,000."
* Section II-Eligibility, paragraph 2.d, "I understand that I may add new loans anytime during the contract period up to the fifth anniversary of the current six year contract."
* Section VI Statement of Understanding, paragraph 10, "I understand that my ELRP will continue if I accept an appointment as an officer or warrant officer candidate or it I contract as an SMP/ROTC Cadet. It will also continue upon acceptance of either a commission or an appointment as an officer or warrant officer in the ARNG. The timeline of the original contract will remain in effect. I also understand that my continued participation on this program will cause me to be ineligible for any Officer/warrant Officer Accession Bonus." (The applicant initialed the paragraph.)
4. In a 2 May 2014 memorandum, the NGB denied the NDARNG request for an exception to policy to allow the applicant to keep the SLRP. It directed the ND state incentive manager to cancel the SLRP and recoup any funds already paid because
* the contract/bonus addendum contained unauthorized pen and ink changes
* the bonus control number was requested after the date of enlistment
5. A DA Form 4187 (Personnel Action) shows that on 16 May 2014 the NDARNGG1 approved the modification of the applicants DA Form 4836 by changing Box 9 to read, "Table 1, Rule F5, NGB-AHR Policy 09-26."
6. A 18 December 2014 memorandum from the NDARNG informed the applicant that the NGB had reviewed and denied the exception to policy request, which would result in a recoupment of $13,617.25. He was advised that he could apply to the ABCMR.
7. That same day a memorandum from North Dakota Joint Force Headquarters to the ABCMR confirmed the applicant was in an enlisted status when he extended his enlistment and that if the incorrect code (Rule A) had not been entered the DA Form 4836 it would have been evident that the applicant was fully qualified.
8. Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to and would receive the SLRP.
2. The Addendum was signed by the appropriate officials and a bonus control number is included. There is more than sufficient evidence available to show the applicant believed he would receive the SLRP that he was promised.
3. It would be appropriate to correct the applicant's military records to show he remains entitled to the SLRP.
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 showing the applicant was and is 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) AR20150002502
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ABCMR Record of Proceedings (cont) AR20150002502
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