IN THE CASE OF:  	  

		BOARD DATE:  9 July 2015	  

		DOCKET NUMBER:  AR20150002509 


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 validation and payment of his Student Loan Repayment Program (SLRP) incentives.   

2.  The applicant states that he extended his enlistment for a period of 6 years and signed up for the SLRP; however, his incentives have not been approved because his addendum was not completed when he extended his enlistment and was not properly dated.  The recruiter did everything by fax and he never completed any of the documents.  He should not be penalized for someone else’s mistakes.  

3.  The applicant provides two sworn statements, a copy of the denial of his exception to policy by the National Guard Bureau (NGB), and a copy of his bonus addendum.

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the pay grade of E-5 in the ALARNG when he extended his enlistment for a period of 6 years on 11 June 2009 prior to his ETS of 1 May 2010.  He completed an Annex R to DA Form 4836 (Reenlistment/Extension Bonus Addendum ARNG of the United States) showing he extended for a $5,000.00 bonus for a specified unit and military occupational specialty for which he was qualified.  This extension established his new ETS as 1 May 2016.

2.  On 23 September 2009, the applicant signed a NGB Form 600-7-R-E (Annex L to DD Form 4) SLRP Addendum Army National Guard of the United States, signing up for the SLRP in an amount not to exceed $50,000.  He indicated he had two outstanding student loans totaling $10,500.  The applicant signed and dated the addendum and the service representative and witness signed it as well.  However, neither the service representative nor witnessing official dated the form. 

3.  On an unknown date the applicant submitted a request through his chain of command for an exception to policy for the SLRP.  On 16 December 2014, the NGB denied the applicant’s request for an exception to policy based on the fact that neither the service representative nor the witnessing official dated the form and because the applicant initiated the addendum 3 months after he extended in violation of ARNG Selected Reserve Incentives Program (SRIP) Policy Guidance Policy Number 07-06.  The NBG official did not direct recoupment action.

4.  The applicant's sworn statements attest to the fact that nearly 3 months after he signed his 6-year reenlistment contract, he received an email from a ALARNG noncommissioned officer (recruiting official) who provided the applicant with the SLRP Addendum (NGB Form 600-7-5-R-E) which he then completed and signed.  Then on 15 May 2014 he was contacted by an ALARNG official who informed him that an administrative error was noted in his extension paperwork, specifically the SLRP Addendum.  He has waited over 5 years for payment of his student loans through the SLRP which he contracted for.  He did receive a bonus control number at the time he completed the SLRP addendum and thought his paperwork was complete.  He was not aware of the administrative errors and states he kept his part of the contract and requests that the Army keep theirs with him.  His sworn statements are electronically signed and dated 3 June 2014 and 5 February 2015 respectively.

5.  ARNG SRIP Number 07-06 dated 1 March 2009 provides guidance on the SRIP for the ARNG.  It provides, in pertinent part, that individuals enrolling in the SLRP must extend for a period of 6 years at the time they enroll in the SLRP.  Retroactive authority for this incentive is not authorized after the date the service agreement is signed.

6.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500 plus the accrued interest not paid by the Department of the Education, whichever is greater.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in the military for the full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same military occupational specialty unless excused for the convenience of the Government.  Any qualifying loan which is at least one year old may then be paid in accordance with the terms of this educational enlistment incentive.

7.  Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to retain his eligibility for payment of his student loans as part of his enlistment in the ALARNG under the SLRP has been carefully examined and found to have merit

2.  The evidence of record confirms that he extended his enlistment in the ALARNG on 11 June 2009 for an additional 6-year period.  He also signed a SLRP addendum, though it was signed 3 months later.  (His current ETS is 1 May 2016.)  Through no fault of his own, the SLRP addendum was dated and signed by him and then signed by government officials after he had extended which violates ARNG policy.    

3.  It is reasonable to presume that had the applicant known all contractual documents must be signed and dated the same day per ARNG policy, he would have attempted to ensure compliance with stated policy.  However, State and Government officials were responsible for ensuring compliance with stated administrative policy.  

4.  As the applicant has continued to successfully serve out his 6-year extension, as a matter of equity and good conscience it would be appropriate to correct his SLRP addendum to show all Government officials and the applicant dated and signed the addendum on 11 June 2009.  

5.  As per the addendum, the applicant must comply with its additional instructions to include providing qualifying loan documents to appropriate personnel for processing.  

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

	a.  correcting the SLRP addendum to show it was signed and dated on 11 June 2009 by all parties; and 

   b.  allowing him to retain his eligibility for the SLRP in the amount of $10,500.00 and paying the SLRP accordingly. 




      _______ _   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)                                         AR20150002509



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ABCMR Record of Proceedings (cont)                                         AR20150002509



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