IN THE CASE OF:	

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150006804 


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 her record to show she is eligible for the Student Loan Repayment Program (SLRP).  

2.  She states on 25 August 2010, her recruiter drove her to the Military Entrance Processing Station (MEPS) to sign an SLRP contract with the North Carolina Army National Guard (NCARNG).  She adds she had no other reason to sign a 6-year contract and could have signed a 2- or 4-year contract.  However, after returning from the MEPS, she realized she had not signed anything concerning SLRP.  She states she called her recruiter and they met the next day and completed the SLRP Addendum and sent it to the MEPS.  She says the fact that she gave her recruiter her student loan information/paperwork to check her eligibility is an indication that she did her part to make sure the documentation was a part of her enlistment packet.  She continues by expounding on the efforts she took to receive the SLRP to no avail.

3.  She provides:

* Self-authored statement
* Enlistment/Reenlistment Agreement with the Statement of Understanding,
* dated 25 August 2010
* NGB (National Guard Bureau) Form 600-7-5-R-E (Annex L to DD Form4
* (Enlistment/Reenlistment Document) Enlisted Loan Repayment Program
* Addendum ARNG of the United States)
* Applicant's Exception to Policy (ETP) Request for the SLRP,
		dated 22 July 2014
* Statement of Support, dated 12 November 2014

CONSIDERATION OF EVIDENCE:

1.  On 25 August 2010, the applicant enlisted in the ARNG for 6 years in military occupational specialty (MOS) 91B (Light Wheeled Vehicle Mechanic).  Her enlistment rank/pay grade was specialist/E-4, which was based on her possession of a 4-year college degree.

2.  Block 32a (Specific Option/Program Enlisted for) of her DD Form 1966 (Record of Military Processing – Armed Forces of the United States), shows the following, 626th Maintenance Company, 6 years, MOS 91B, ARNG Standard Training Program.  Additionally, Block 32b states "I fully understand that I will not be guaranteed any specific military skill or assignment to a geographic area accept as shown in 32a above and annexes attached to my Enlistment/Reenlistment Document (DD Form 4)."

3.  An NGB Form 600-7-5-R-E, Annex L, dated 26 August 2010, shows the applicant initialed and or signed the following paragraphs:

   a.  Section II – Eligibility, item 1 states "I am a Non-Prior Service applicant.  I am enlisting for a term of service of at least 6 years in the ARNG of the United States with a concurrent statutory military service obligation of 8 years."

   b.  Paragraph 1c states "I have 5 disbursed loans existing in the amount of $53,594.04.  The total amount of repayment for qualifying loan(s) will not exceed $50.000." 

   c.  Section VII – Authentication states "I have read and understand the statement above and the statements contained in my enlistment/reenlistment/extension agreement signed by me and understand that they are intended to constitute ALL promises or agreements whatsoever concerning my Enlisted Loan Repayment program.  No other promise, representation, or commitment has been made to me in connection with my enlistment, reenlistment, or extension for this incentive." 
   
   d.  Section VIII – Certification by Service Representative, contains the signature of the applicant's recruiter and a witness.  Their signatures are dated 26 August 2010.  Additionally, a bonus control number (BCN) is listed on the form.

4.  Section VII – Addendums of the applicant's Enlistment/Reenlistment Agreement states "The following addendum's have been attached and are part of my enlistment agreement:  Montgomery GI Bill." 

5.  On 22 July 2014, the Deputy G-1, ARNG, denied the applicant’s request for an ETP for SLRP.  The Deputy G-1 stated that a review of her DD Form 4 and DD Form 1966, block 32a do not support an incentive being offered at the time of her enlistment.  She stated the State Incentive Manager will terminate the incentive without recoupment effective the contract start date since no payments have been processed.  She further stated the applicant:

* did not contract the incentive at the time of enlistment
* incentive addendum was signed after the enlistment document
* bonus control number was requested after the date of enlistment
* date of agreement was 26 August 2010
* contracted loan addendum/agreement amount was $50,000.00
* contracted and current MOS is 91B

6.  The applicant provided a statement from her recruiter who stated that during the applicant's enlistment in the NCARNG, a student loan repayment form was supposed to have been signed, but it was not.  This was brought to his attention the next day and they filled out the paperwork for her student loans.  Once she applied for her loan repayment, she was informed that it was not in her contract.  This was due to no fault of the applicant.  All loans were in good standing and the correct paperwork was sent to the MEPS prior to her enlistment, but was obviously overlooked.   

7.  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% of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 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 MOS 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 evidence of record shows the applicant enlisted in the NCARNG for
6 years on 25 August 2010.  This enlistment contract did not mention any authorization for SLRP benefits.  

2.  However, after realizing the addendum for SLRP was not contained in her contract agreement, she contacted her recruiter and an NGB Form 600-7-5-R-E, Annex L was completed with a BCN and signed by her, the recruiter, and a witness on 26 August 2010.  The form was submitted to the MEPS as part of her original enlistment contract on the same day.

3.  Through no fault of her own, she later discovered she was ineligible for the SLRP and her payments were never processed.  In view of the facts of this case and notwithstanding the NGB's ETP denial, it is evident the applicant signed her contract in good faith with the belief that she was entitled to the SLRP based on her 6-year enlistment in the NCARNG.  Therefore, it would be appropriate and in the interest of justice and equity to correct her record by showing the ARNG authorized her to receive the SLRP benefit in question at her enlistment date.

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 State Army National Guard records of the individual concerned be corrected by showing that the NGB granted the applicant an ETP to participate in the SLRP and authorizing payment of her preexisting student loans.



      ____________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)                                         AR20150006804





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ABCMR Record of Proceedings (cont)                                         AR20150006804



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