IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150011346


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, cancellation of the recoupment of her Student Loan Repayment Program (SLRP) incentive, reinstatement of her SLRP incentive, and payment of the final SLRP installment.    

2.  The applicant states, in effect:

* she enlisted in the Georgia Army National Guard (GAARNG) on              16 November 2005 without prior service in military occupational specialty (MOS) 68W (Health Care Specialist (Combat Medic))
* in going through the enlistment process with her recruiter, an option of becoming a finance officer was discussed; however, because of the $20,000 enlistment bonus and the $20,000 SLRP incentive, she chose to enlist for training in MOS 68W
* she went to basic training in June 2006 and graduated from advanced individual training (AIT) in November 2006
* she was not paid for reporting to drills and did not receive any bonus monies
* after months with no resolution, she filed a Congressional complaint, after which Major (MAJ) S.B. of the GAARNG corresponded with her to resolve her issues
* she was told that her contract was erroneously written and the GAARNG had slotted her as a finance officer
* in order to fix the SLRP issue, she was asked to sign a new SLRP addendum – had it been done correctly the first time, she would have met the 6-year remaining enlistment time frame
* it was a mistake on the GAARNG's part and she should not be held accountable for the error
* she did not enter active duty as an Active Guard Reserve (AGR) Soldier until 1 August 2013
* five out the six loan payments were made before she was made aware of any issues
* upon applying for the last SLRP payment, she was told she was not eligible for the incentive and she would be responsible for paying back the previous loan payments
* she has served nine and a half years in the ARNG, thus more than fulfilling her initial six-year obligation for the SLRP incentive  

3.  The applicant provides:

* a typed letter outlining her contentions (same as the error or injustice section of her application) 
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex S to                DD Form 4 – SLRP Addendum – ARNG of the U.S. (ARNGUS))
* a letter to the applicant from the GAARNG, dated 16 August 2007
* a memorandum from the Ohio ARNG (OHARNG), subject: Exception to Policy (ETP) Request for continued eligibility for the SLRP
* a personal letter from the applicant to "Whom It May Concern," dated 
14 July 2013
* a memorandum from the NGB to the OHARNG, dated 16 January 2014, subject: Request for ETP for SLRP (Applicant) 
* two pages of email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the OHARNG, on active duty in the AGR Program, in the rank/grade of staff sergeant (SSG)/E-6.  

2.  She enlisted in the GAARNG on 16 November 2005 for a total period of        
8 years (6 years in a Selected Reserve unit and 2 years in the Individual Ready Reserve).  Her contract states she was enlisting under the Alternate (Split) Training program with the assurance of attending the school course for MOS 09S (Commissioned Officer Candidate).  It also listed the following addendums to her enlistment agreement: the Montgomery GI Bill and the Montgomery GI Bill Kicker.      



3.  She entered active duty at Fort Jackson, South Carolina on 15 May 2006 for the purpose of completing basic training.  She was ordered to Fort Sam Houston, Texas on 29 July 2006 for the purpose of completing AIT in MOS 91W (now known as MOS 68W).  

4.  After successfully completing her initial entry training, she was awarded MOS 68W on 22 November 2006 and released from active duty by reason of completion of a period of active duty training.  She was given an honorable character of service and returned to the control of the GAARNG.  

5.  She signed an NGB Form 600-7-5-R-E (Annex S to DD Form 4 – SLRP Addendum – ARNGUS) on 22 November 2006, wherein she acknowledged that she was enlisting in the ARNGUS for a period of 8 years and she understood the SLRP program requirements; specifically, that the amount of reimbursement applied to her student loan(s) could not exceed $20,000.00.  Both she and the service representative signed this document on 22 November 2006.  In accordance with ARNG Selected Reserve Incentive Program (SRIP) guidance for Fiscal Year 2007, MOS 68W was a critical skill eligible for incentives. 

6.  She filed a Congressional inquiry, on or about 12 April 2007, to fix issues related to her pay and bonus after numerous attempts were made with no resolution.  However, this document is not available for review.     

7.  She provides emails between her and officials at the GAARNG, dated between 11 and 17 July 2007, which corresponds to her Congressional inquiry.  One email stated she had a legitimate case and another requested that she report to the GAARNG Headquarters to correct paperwork in order to resolve the issues.   

8.  She received a letter from the GAARNG on 16 August 2007 in response to her Congressional inquiry.  This official stated the following actions had been taken on her behalf with the issues she identified.  The letter further stated:

     a.  You have been reassigned to the 248th Medical Company, effective 
22 November 2006.

     b.  You have been submitted for a $10,000 bonus.  Based on your correspondence, you have already received payment of the first half of the bonus in accordance with the bonus agreement.  

     c.  You have been submitted for pay for past drill periods.  Based on your correspondence, you have received payment for three of the drill periods and your unit representative has submitted you for pay for the remainder.  
     d.  You have been approved for the SLRP and the first payment is currently pending.

     e.  You have been approved for the Montgomery GI Bill and Kicker.  Your eligibility for this entitlement has been back-dated to your graduation date form AIT, 23 November 2006.

     f.  You are eligible for Tuition Assistance based on your current membership status in the GAARNG.

     g.  You have been promoted to Specialist/E-4 effective 16 June 2007.

9.   Orders 299-036, issued by the GAARNG on 26 October 2007, transferred her to the OHARNG effective the same date.

10.  She executed a DA Form 4836 on 22 July 2011, wherein she extended her enlistment for a period of 3 years, thus establishing a new expiration term of service (ETS) date of 15 November 2014.  She executed another DA Form 4836 on 22 July 2013, wherein she extended her enlistment for a period of 2 years and 15 days, thus extending her ETS date to 30 November 2016.

11.  A letter, dated 14 July 2013 and addressed "To Whom It May Concern," was submitted by the applicant to an unknown address and states the following:

     a.  Her SLRP agreement had not been satisfied by the ARNG.  The ARNG had paid five out of the six SLRP payments agreed upon.  

     b.  She was made aware that her enlistment contract and SLRP addendum were completed incorrectly.  A Congressional complaint was filed, she was contracted by GAARNG officials, and she acknowledged her problems/issues had been corrected.  

     c.  A sixth payment toward her student loans had not been made and the necessary paperwork had been turned in to the Education Office.

12.  The OHARNG requested an ETP on 30 July 2013 to allow the applicant to continue her eligibility for the SLRP.  An official at the OHARNG opined/stated:

     a.  An ETP request to allow (Applicant) continued eligibility of her SLRP contract (Control #S________GA).

     b.  [The applicant] enlisted into the OHARNG on 16 November 2005 and an administrative error occurred.  The dates on the DD Form 4 and SLRP Addendum are not congruent.  [The applicant] signed her enlistment documents on 16 November 2005 and signed her SLRP Addendum on 22 November 2013 (sic).  Furthermore, [the applicant] failed to annotate the amount of loans in Section II, number 1.  Also, the SLRP Addendum is missing the control number.  The OHARNG requested an ETP be approved in order to allow continued eligibility for the SLRP entitlement. 

     c.  The facts presented demonstrate (applicant) has no culpability for errors committed in executing the SLRP documents.  She completed her portion of the SLRP addendum as directed and currently meets all requirements as called for in the SLRP addendum.  [The applicant] has maintained membership in good standing with the OHARNG.  It is unreasonable to believe this Soldier should be penalized.  It is unjust to deny payment or eligibility for this incentive.           

13.  The NGB denied the OHARNG’s request for an ETP on behalf of the applicant on 16 January 2014.  This memorandum states:  

     a.  An ETP to retain the $20,000 SLRP for the discrepancy(ies) listed below is denied.  The State Incentive Manager will terminate with recoupment.

          (1)  [The applicant] did not contract for the proper term of service required for the incentive which violates ARNG SRIP 07-01 [Selected Reserve Incentive Program, Fiscal Year 2007].

          (2)  [The applicant] did not contract for the incentive at the time of enlistment, and is not eligible for retroactive entitlement which violates ARNG SRIP 07-01.

          (3)  [The applicant] became AGR after the contract start date which violates ARNG SRIP 07-01.

     b.  [The applicant's] contract/agreement details:

* State enlisted/accessed: GA; Unit Identification Code (UIC): X5LT0
* Date of agreement/enlistment:  16 November 2005
* Contracted loan addendum/agreement amount:  $20,000
* Contracted AOC/MOS:  68W; Current AOC/MOS:  68W
* Date DMOSQ:  22 November 2006


     c.  A review of the DD Form 4, DA Form 1966 and the control number request and approval date do not support the SLRP being offered at the time of enlistment.  In addition, [the applicant] enlisted for the 09S enlistment option, which was not authorized at the time.  [The applicant's] interactive personnel electronic records management system file does not support that a DA Form 4836 was executed to extend her service obligation to 6 years on the date [the applicant] signed her incentive addendum; therefore, the request is denied.  

     d.  [The applicant] may file a claim with the ABCMR in accordance with Army Regulation 15-185, if there is belief that an error or injustice still exists.

14.  A review of her record does not reveal any documentation from an authorized governmental agency informing her of a debt to the U.S. Government. However, based on her application to the Board and correspondence she has provided, there is a presumption that she has received or will receive an official debt collection notice.          

15.  A review of her record reveals no documentation nor has the applicant provided any that details the student loan(s) or the prior payments to her student loan(s) by the ARNG under the SLRP. 

16.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, USAR, and Army National Guard.
Chapter 6, section II, provides that guidance counselors will verify the applicants' eligibility for enlistment and counsel applicants who failed to meet specific qualification for MOS, options, and assignments for which they applied and advise them of all other available options that would still meet the applicant's needs, wants, and desires, as well at the needs of the Army.

17.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states, "The Secretary may pay from applicable current appropriations a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for cancellation of the recoupment of her SLRP incentive, reinstatement of her SLRP incentive, and the final SLRP payment was carefully considered.  


2.  By law, the Secretary concerned may authorize the SLRP to eligible Soldiers in conjunction with enlistment/reenlistment in the Selected Reserve.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the SLRP.  The governing regulation stipulates that guidance counselors are required to verify the applicants' eligibility for enlistment and counsel applicants who failed to meet specific qualifications for MOS, options, and assignments, for which they applied and advise them of all other available options that would still meet the applicants' needs, wants, and desires as well as the needs of the Army.

3.   The evidence of record confirms the applicant entered into an enlistment contract on 16 November 2005 in good faith.  This enlistment contract did not mention any authorization for SLRP benefits.  Upon her return from AIT, after being awarded MOS 68W, on or about 22 November 2006, she signed an SLRP Addendum with a service representative, wherein she elected the SLRP incentive for enlisting in MOS 68W.  Through no fault of her own, she later discovered she was ineligible for the SLRP and her payments were terminated and recoupment was initiated.

4.  Only after she filed a Congressional inquiry did the GAARNG acknowledge that procedural errors were made and requested she come to the GAARNG Headquarters to rework her paperwork and correct these errors.

5.  She later transferred to the OHARNG and upon filing for her last SLRP payment she found out the actions taken by the GAARNG did not correct her SLRP issue.  An ETP request was initiated by the OHARNG acknowledging errors occurred due to no fault of the applicant and she could continue her SLRP eligibility.  The NGB denied the request for payment as an ETP with termination of the incentive and recoupment of the previous monies distributed.   
 
6.  In view of the facts of this case and notwithstanding the NGB's ETP denial it is evident that errors/omissions were committed during the entire process of her enlistment into the ARNG that were beyond her control.  In addition, the applicant executed two additional enlistment extensions totaling over 5 years and continues to serve her Nation in the ARNG.  Therefore, it would be appropriate and in the interest of justice and equity to correct her record by showing the Army authorized her to receive the SLRP benefit in question at her enlistment date, with the correct MOS, by cancelling the recoupment action with any accrued interest, and to authorize the last payment of her student loan(s) if applicable.     




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 ARNG records of the individual concerned be corrected by:

* showing the Army authorized the individual the SLRP incentive in question at the time of enlistment with the correct MOS
* cancelling the recoupment action with accrued interest
* reimbursing all monies recouped, if applicable
* processing the last payment for her student loan(s)  



      ___________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)                                         AR20120019427



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ABCMR Record of Proceedings (cont)                                         AR20150011346



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