IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20150004399 


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, an exception to policy (ETP) to receive a $50,000.00 Student Loan Repayment Program (SLRP) incentive. 

2.  The applicant states:

   a.  When she reenlisted in the Virginia Army National Guard (VAARNG) in 2010, she was told her reenlistment incentive was $50,000.00 in the SLRP.  She has $34,000.00 in student loans in forbearance, and she is currently paying off the interest which has accrued on them.

   b.  She was informed her agreement lacked dates next to the signatures on the form.  She signed and dated as required; however, her commander and readiness noncommissioned officer (NCO) signatures lacked dates.  She was also informed a bonus control number (BCN) was not requested until she filed for an ETP.  

   c.  Her readiness NCO told her that a BCN was in fact requested when she reenlisted; however, it was lost when the State underwent a change in the online system they were using to track SLRP personnel records.  Because the records were lost, her unit lacks sufficient evidence to prove that they requested a BCN in a timely manner.  

   d.  She feels she will have to suffer the financial consequences and burdens for administrative errors which occurred outside of her control.  She has completed 5 years of her 6-year enlistment and hopes to see the issue resolved at this level of appeal.

3.  The applicant provides:

* a memorandum
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), SLRP Addendum, ARNG)
* three letters

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 Army Board for Correction of Military Records (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 records show she enlisted in the VAARNG for 6 years on 29 March 2001.  She completed training, was awarded military occupational specialty (MOS) 02C (Baritone or Euphonium Player), and she was assigned to the 29th Infantry Division Army Band.  

3.  On 4 October 2006, she voluntarily extended her term of service for 3 years.  Her records contain Annex R to DD Form 4 or DA Form 4836 (Reenlistment/ Extension Bonus Addendum ARNG of the United States) which shows she contracted for a $7,500.00 Selected Reserve Incentive Program bonus.  

4.  The applicant provides, but her records do not contain, Annex L to 
DD Form 4.  The form indicates the applicant was a prior service duty MOS qualified Soldier extending her service in the ARNG for a period of service not less than 6 years.  She indicated that she had three loans in the amount of $28,000.00.  

   a.  Section V (Statement of Understanding), item 2 of this form states, "Each year (90 days before my anniversary date) I will contact my unit to request payment on my loan(s).  I am responsible for completing the required documents (DD Form 2475) for payment in accordance with Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs)." 

   b.  Annex L was authenticated by the applicant on 15 March 2010; however, while the form was certified by a service representative and witnessing official, neither dated the form nor was a BCN provided. 

5.  On 4 December 2013, the Deputy G-1, ARNG, Arlington, VA, denied the applicant's request for an ETP to retain the SLRP.  The State Incentive Manager was instructed to terminate the SLRP incentive without recoupment as no payments had been processed.  The memorandum further states:

   a.  The applicant's SLRP addendum was missing signature dates from the witnessing official and service representative which violates ARNG Chaplain, Health Professional and Enlisted Loan Repayment Program (CHELRP) Fiscal Year (FY) 2009.

   b.  The applicant's BCN was never requested at the time of reenlistment/extension which violates ARNG CHELRP FY 2009.

   c.  Although the applicant had eligible loans and may have been otherwise eligible for the SLRP, a review of the DA Form 4836 shows a "Rule" that is not applicable to an incentive being offered at the time of contracting.  In addition, a BCN was never requested and was processed only at the time to submit an ETP request; therefore, the request to retain the incentive cannot be substantiated.

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 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and her supporting evidence has been considered.

2.  The applicant requests an ETP to receive a $50,000.00 SLRP incentive based on her extension of 6 years in the VAARNG effective 15 March 2010.  She provided a copy of Annex L to DD Form 4; however, the form is not located in her records, is undated by the service representative and witnessing official, and does not contain a BCN which violates ARNG CHELRP FY 2009.  

3.  Annex L to DD Form 4 clearly states she was required to contact her unit to request payment on her loan(s) each year (90 days before her anniversary date). The applicant provides insufficient evidence to show she ever attempted to receive payment on her loans until approximately 3 years after she extended her enlistment and subsequently submitted her ETP to the NGB.  

4.  On 4 December 2013, the Deputy G-1, ARNG, Arlington, VA, denied the applicant's request for an ETP to receive the SLRP incentive because her 
DA Form 4836 did not show this incentive had been offered at the time of contracting.  The State Incentive Manager was instructed to terminate the SLRP incentive without recoupment as no payments had been processed.  

5.  Notwithstanding the applicant's contentions, the record fully supports the NGB's decision to terminate the applicant's SLRP incentive without recoupment since a BCN was never requested and was processed only prior to submission of her ETP request.  

6.  In light of the foregoing, there is no basis to support her request since the incentive cannot be substantiated.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20150004399





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ABCMR Record of Proceedings (cont)                                         AR20150004399



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