IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150005398 


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 correction of his records to show he is entitled to the full amount he contracted to receive under the Student Loan Repayment Program (SLRP).

2.  The applicant states, in effect, that he enlisted in the Iowa Army National Guard (IAARNG) for an SLRP incentive of $20,000.  He was receiving his incentive and then it stopped because it was discovered that the IAARNG personnel had used an obsolete form and had entered the wrong coding when he initially enlisted.  Accordingly, he desires to be paid the monies he is owed as it is causing him a financial hardship.  

3.  The applicant provides a list of documents enclosed on page four of his application.

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 with no prior service enlisted in the IAARNG on 24 January 2009 for a period of 6 years with a concurrent military service obligation of 8 years and training as a cannon crewman.  His recruiter completed the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and the applicant co-signed the form indicating he had completed:

* Annex A (Enlistment/Reenlistment Agreement – Army National Guard)
* Annex K (Statement of Understanding – The Army Nation Guard Montgomery GI Bill Kicker Program (Title 10 U.S. Code, section 161310))
* Annex E (Non-Prior Service Enlistment Bonus Addendum – Army National Guard of the United States). 

Neither the recruiter nor the applicant indicated on the DD Form 4 that they had completed Annex L (Student Loan Repayment Program Addendum Army National Guard of the Untied States). 

3.  The applicant provided and his official record contains a copy of Annex L that shows:

* he is non-prior service
* he enlisted for Battery B, 1/194th Field Artillery which was authorized the SLRP
* he did not indicate he had existing loans or any dollar amount owed
* the total amount of repayment for qualifying loan(s) will not exceed $20,000.00
* the contract would terminate at the end of his contractual 6 or 8-year obligation
* he indicated he understand the reasons for termination of the SLRP to include reaching the end of his 6 or 8-year contractual obligation
* he signed and dated the statement of understanding on 24 January 2009
* the Government official signed and dated the same statement on 24 January 2009
* the SLRP control number was S090200091A
* the form number was NGR Form 600-7-R-E (revised 29 August 2007) with previous editions obsolete

4.  He completed his training and was promoted to the rank of sergeant on 7 November 2011.

5.  On 13 September 2013, officials at the IAARNG sent a memorandum to the applicant informing him that a discrepancy had been noted in his SLRP Addendum.  An obsolete addendum was used and that he should submit a request for an exception to policy in order to avoid termination of his incentive. 

6.  Although undated, the applicant submitted a request for an exception to policy through his chain of command to the National Guard Bureau (NGB).  On 23 July 2014, the NGB denied his request for an exception to policy based on the fact that an obsolete addendum was used in violation of Army National Guard Selective Reserve Incentive Program Directive 07-06.  In addition, a review of the applicant’s DD Form 4 and DD Form 1966 (Record of Military Processing – Armed Forces of the United States) did not substantiate the SLRP incentive being offered at the time of enlistment and the bonus control number was requested after the date of his enlistment.  Officials at the NGB directed that the incentive be terminated and recoupment be made from the effective date.  

7.  The applicant voluntarily transferred to the Inactive National Guard (ING) effective 24 January 2015 after completing his contractual 6 years in an active status.  

8.  The Adjutant General, IARNG, approved a correction to the applicant’s DD Form 4 dated 24 January 2009 to include the SLRP "Code L" on 9 February 2015.

9.  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.

10.  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 contention that he should be paid his SLRP incentive has been noted and appears to have merit.

2.  The applicant enlisted for the SLRP incentive in his initial enlistment in the IAARNG and it is not reasonable that the applicant would know the procedures for completing the required documents for enlistment or the incentives associated with an enlistment. 

3.  While it is understood that the loans secured by individuals are the responsibility of the individual Soldier, the Army has an obligation to properly inform Soldiers of their entitlements and to prepare the proper forms with the appropriate information to enable the Soldier to receive the incentives they were promised.  In this case, such was not accomplished by responsible officials. 

4.  It is also understood that it is not the Army’s intent to cause Soldiers to incur debts that they otherwise would not incur had they been properly informed.  For this reason and as a matter of equity, it is only fair to grant the applicant an exception to policy to retain his $20,000.00 SLRP incentive as indicated on his SLRP addendum dated 24 January 2009 notwithstanding the fact he has completed his contractual obligation and is now a member of the ING.  In addition, all recoupment actions pertaining to overpayment of the SLRP should cease and any money that may have been recouped should be refunded. 

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 National Guard records of the individual concerned be corrected by showing that the applicant has been granted an exception to policy to retain his $20,000 SLRP incentive with entitlement for payment in accordance with the original contract addendum, ceasing SLRP recoupment actions, and refunding any money that may have been previously recouped based on the initial denial of the exception to policy.  



      ___________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)                                         AR20150005398



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ABCMR Record of Proceedings (cont)                                         AR20150005398



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