BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130011293 


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 military records to show his entitlement to the Student Loan Repayment Program (SLRP).

2.  The applicant states, in effect, he was approved for the SLRP, told that he would be entitled to the SLRP upon completion of the training requirements, and provided a document showing he was approved for the SLRP.

3.  The applicant provides:

* DA Form 2823 (Sworn Statement)
* Email communication from the SLRP Manager, Missouri Army National Guard (MOARNG), dated 9 February 2012

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the MOARNG as a specialist, pay grade E-4.

2.  On 9 February 2012, the Incentives Manager, MOARNG sent an email to the National Guard Bureau (NGB) informing them that the applicant had been approved for a total of 15 loans with a total principal of $45,750.00.  The interest was $3,931.00.  The total amount of repayment for his qualifying loans was not to exceed $50,000.00.  The email further stated the applicant must enlist into a critical skill position unless he was an officer candidate.

3.  A DD Form 4 (Enlistment Document), dated 22 February 2012, indicates the applicant enlisted in the ARNG for a period of 8 years.  He also concurrently enlisted in the MOARNG for a period of 6 years commencing on 22 February 2012.  There is no available addendum with this DD Form 4 for the SLRP.

4.  In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, enlisted Accessions division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington DC.  The opinion stated that a review of the applicant's case revealed his SLRP was terminated without recoupment on 1 May 2013 because his incentives addendum could not be located.  Therefore, the ARNG could not substantiate that an incentive had been offered in connection with his enlistment.  Prior to enlistment, the applicant and his recruiter discussed an ARNG policy that stated, upon graduation from advanced individual training, he could extend his enlistment and file his school loan documents through his unit to qualify for receipt of the SLRP.  Correspondence from the Incentives Manager, MOARNG states the applicant was approved for the SLRP at the time of his enlistment.  The opinion recommends that the applicant be granted full relief and that he continue to receive the SLRP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his entitlement to the SLRP.

2.  The available evidence indicates the applicant had provided the MOARNG Incentive Manager convincing proof that he had qualifying student loans that were approved for the SLRP incentive providing he enlisted for a critical skill position.  The evidence further indicates that he had received SLRP payments which were not recouped in May 2013 when his SLRP was terminated because his addendum could not be found.

3.  In view of the above, it is reasonable to presume the applicant had indeed completed an SLRP addendum when he enlisted.  There is no evidence showing he was at fault for this missing document.

4.  Based on the foregoing, his records should be corrected to show his eligibility for the SLRP by issuing him a new annex/addendum to his enlistment contract for the SLRP that includes a completed and signed addendum.



BOARD VOTE:

__x___  ______x__  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  issuing him a reconstructed annex/addendum to his enlistment contract that includes a properly completed and signed SLRP addendum authorizing payment of the incentive;

	b.  showing he is eligible for the SLRP in accordance with the terms of his extension contract, as a result of the above correction; and

	c.  showing all necessary documents pertaining to his receipt of SLRP were completed timely.




      __________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)                                         AR20130011293



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ABCMR Record of Proceedings (cont)                                         AR20130011293



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