IN THE CASE OF:    

		BOARD DATE:  19 May 2015	

		DOCKET NUMBER:  AR20150005250 


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, a correction of his record to show he is eligible to receive educational funds from the Student Loan Repayment Program (SLRP) to honor his reenlistment contract in the Army National Guard (ARNG).  

2.  He states at the time of his reenlistment on 21 February 2009, his commanding officer, the unit readiness noncommissioned officer (NCO), and another incoming commander all verified, attested to and signed documents stating that he was eligible to receive SLRP.  

3.  He provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 
21 February 2009
* Annex R (Reenlistment/Extension Bonus Addendum - ARNG of the United States) to DA Form 4836, dated 21 February 2009
* Annex L (SLRP Addendum - ARNG of the United States) to DA Form 4836, dated 16 May 2009
* DA Forms 2166-8 (NCO Evaluation Report) from 2009 - present
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Self-authored statement, dated 16 March 2015
* Exception to Policy (ETP) request, dated 11 December 2014
* Notification of Denial of the ETP, dated 8 January 2015
* NSLDS (National Student Loan Data System) aid summary


CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the Regular Army and in the Army National Guard (ARNG).    

2.  The NGB Form 22 (Report of Separation and Record of Service) issued on
 1 April 2003, shows he held military occupational specialty (MOS) 13B (Cannon Crewmember).  

3.  Together a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and DA Form 4187 (Personnel Action) show he enlisted in the ARNG on 21 September 2006 for 3 years with an effective date of 17 November 2006.  

4.  On 21 February 2009, he extended the above enlistment in the ARNG of the United States for 6 years.  At that time, the applicant was offered the SLRP in an amount not to exceed $50,000.00.  

5.  The DA Form 4836 the applicant completed in February 2009 lists two Annexes, Annex R (Reenlistment/Extension Bonus Addendum - ARNG of the United States), dated 19 February 2009, and NGB Form 600-7-5-R-E (Annex L (SLRP Addendum - ARNG of the United States)), dated 16 May 2009. 

6.  Annex L was signed by the applicant and by an enlisting official on 16 May 2009.  It shows the applicant acknowledged that:

* he was eligible for the SLRP as a prior service applicant enlisting for 6 years
* he held primary MOS (PMOS) 13B which was a critical skill authorized for the SLRP
* he had 10 existing qualifying loans in the amount of $31,980.04

7.  However, after reenlisting the applicant's request for SLRP was denied.  The National Guard Bureau (NGB) stated that the SLRP addendum (Annex L) was completed after the date of the reenlistment/extension (Annex R).  Therefore, he was not entitled to retain the SLRP.

8.  The applicant submitted an ETP request to NGB through the Illinois (IL) ARNG State Incentive Manager Education Office requesting an ETP allowing him to receive the SLRP in spite of any date discrepancies since it was through no fault of his own.   

9.  The NGB responded to the ETP for SLRP in a letter, dated 11 December 2014, informing the State Incentive Manager, ILARNG, that the applicant's request for an ETP was denied.  They directed the State Incentive Manager to terminate the SLRP with recoupment.  The memorandum stated the applicant signed the incentive addendum after he signed his enlistment documents, which violated ARNG Selected Reserve Incentive Program (SRIP) guidance in effect at the time.  

10.  He provides several documents in support of his request, including the following:

	a.  A self-authored statement, dated 16 March 2015, states:

		(1)  at the time of his reenlistment, he was offered a bonus in the amount of $15,000.00, with the possibility of the SLRP.  His commander advised him to wait until more research could be done to see if he was eligible for both.  In May 2009, he was told by his leadership that he was, in fact, eligible for both with an amount of $31,980.04 for SLRP.  

		(2)  throughout the process, he put faith and trust in two commanding officers and his NCO, having been assured that both his bonus and SLRP paperwork were completed within Army Regulations.

           (3)  after several years of honorable continued service, including a deployment to Afghanistan, he found out that there was an error in the paperwork that prevented him from obtaining the SLRP.

           (4)  he has tried to get the situation with SLRP rectified since 2012 to no avail.  It was only when he transferred to the ILARNG that someone from his command was willing to assist him in obtaining an ETP.

           (5)  after nearly 15 years of honorable service in both active and guard components, he believes that it is shameful for leadership to make such an egregious error with little or no recourse or accountability due to ignorance.    

	b.  His DA Forms 2166-8, which show he has performed well.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the Reenlistment/Extension and the SLRP Addendum were not signed on the same date was not due to the fault of the applicant.  Neither error nor confusion would have been the fault of the applicant. 

2.  The error committed in processing his extension of enlistment was not his.  He should not be penalized due to the errors committed by enlistment/ reenlistment officials, his State Incentive Manager, or the State Education Office.  He continues to fulfill the contractual obligations, and he is entitled to full relief. 

3.  In light of the available evidence, it would be appropriate to correct the applicant's record to show an ETP was granted allowing him to retain his $50,000 SLRP incentive.   

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 Annex L was completed on 21 February 2009 in accordance with SRIP policy, making him eligible for the $50,000 SLRP incentive and paying that in accordance with his SLRP Addendum.




      ____________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)                                         AR20140001941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150005250



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1