IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011546 BOARD VOTE: ____X_____ __X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011546 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 Army National Guard records of the individual concerned be corrected by: a. voiding any National Guard Bureau and North Dakota Army National Guard memoranda pertaining to the denial of the applicant's request(s) for Student Loan Repayment Program; b. issuing appropriate notification authorizing payment of the Student Loan Repayment Program incentive in accordance with the terms of the program; and c. notifying the Defense Finance and Accounting Service of the applicant's entitlement to the $50,000 Student Loan Repayment Program in accordance with terms of his 6-year, 27 October 2010 DA Form 4836 and NGB Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment Program Addendum Army National Guard), including the repayment of any funds that may have been recouped. ____________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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011546 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 entitlement to the $50,000 Student Loan Repayment Program (SLRP) incentive that he contracted for upon enlistment in the Army National Guard (ARNG). 2. The applicant states that he enlisted in the ARNG of the United States (ARNGUS) and North Dakota ARNG (NDARNG) on 23 August 2005. a. He deployed to Kosovo in 2009 and realized that he wanted to pursue military leadership positons. He reenlisted in the NDARNG for an additional 6 years and selected the $50,000 SLRP to assist in paying for his education. b. He subsequently met with a recruiter and began to look into the Simultaneous Membership Program (SMP)/Reserve Officers' Training Corps (ROTC). The recruiter outlined numerous educational benefits, including the SLRP, and the applicant signed a contract on 27 October 2010. c. Attending classes and his involvement in educational-related activities left him very little time for outside employment. He excelled in both his educational and military career. He graduated in May 2013 and was appointed as a Reserve commissioned officer of the Army and detailed to Air Defense. d. He was informed that discrepancies found in his incentive contract required termination of eligibility for the SLRP based on his ROTC scholarship, including the fact that the contract bonus addendum form was obsolete. e. He states the SLRP Addendum he signed states, "I Understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP ROTC Cadet." He would also be able to add new loans anytime during the contract period up to the fifth anniversary of the 6-year contract, not to exceed $50,000. He adds the recruiter assured him that he would retain his SLRP and it was not his fault that the form the recruiter used was obsolete. f. National Guard Bureau Education Division Instruction (NGB-EDUi) 1.1 (Chaplain, Health Professional, and Enlisted Loan Repayment Programs (ELRP) (CHELRP)) shows enlisted Soldiers receiving ELRP will remain eligible after contracting into the ROTC/SMP. He adds that he reviewed the entire document and there is nothing in it that would prohibit him from receiving benefits. g. He has been fighting for his SLRP benefit for the past several years while he continues to pay his student loan debt as best he can. He is currently working two jobs; as a data support specialist with an electric company and a customer service representative in a bank. He continues to serve in the ARNG and plans to complete a 20-year career. 3. The applicant provides copies of a: * self-authored statement (summarized above) * timeline of events * extension documents with SLRP and SMP/ROTC addendums * notification of incentive eligibility termination * NGB-EDUi 1.1 CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the ARNGUS on 23 August 2005 for a period of 8 years and in the NDARNG for a period of 6 years. Section B (Agreements), Remarks, is blank (no entries). Attached documents show he enlisted for, in pertinent part, military occupational specialty (MOS) 14S (Avenger Crewmember) with a $10,000 enlistment bonus. 2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows, on 27 October 2010, the applicant extended his 23 August 2005 term of service for a period of 6 years. a. An NGB Form 600-7-5-R-E (Annex L to DD Form 4 – SLRP Addendum ARNG), in pertinent part, shows in – * the Header section: Bonus Control Number (BCN): S10100011ND * the Footer section: 19 October 2010 [Edition Date], Previous Editions Obsolete * Section III (Acknowledgment), the applicant indicated that he – * Had one (1) qualifying and disbursed federal loan at the time and acknowledged that the total amount of repayment for qualifying loans will not exceed $50,000 * understood that he could add new disbursed loans within his contractual agreement as long as he did not exceed the threshold established in the addendum * Section IV (Entitlement and Payments), the Government will repay the portion of SLRP (up to $50,000) that may be repaid annually on any qualifying loans not to exceed 15 percent (not to exceed $7,500 per year) of the total of all loan principal or $500, whichever is greater. Payments will be processed on the anniversary date of the enlistment for each satisfactory year of service. * Section VIII (Statement of Understanding), I understand that my SLRP will continue if I either accept an appointment as an officer or warrant officer candidate, or if I contract as an SMP/ROTC Cadet. It will also continue upon acceptance of either a commission or appointment as an officer or warrant officer in the ARNG. The timeline of the original contract will remain in effect, but will not be renewed. I also understand that my continued participation in this program will cause me to be ineligible for any Officer/Warrant Officer Accession Bonus. * Section IX (Authentication) and Section X (Certification by Service Representative) show the applicant, the service representative, and a witness signed the document of 27 October 2010. b. An NGB Form 594-1 (Annex ___ DD Form 4/DA Form 4836 – ARNG SMP Agreement) shows the applicant's enlistment in the ARNG was for the purpose of directly participating in the SMP. The applicant and State Officer Management officer signed the form on 28 October 2010. c. Cadet Command (CC) Form 203-R (Guaranteed Reserve Forces Duty (GRFD) – Scholarship Cadet Contract Endorsement) sets forth the terms of agreement in the Senior ROTC Program. The applicant and Professor of Military Science signed the form on 28 October 2010. 3. Office of The Adjutant General, State of North Dakota, Bismarck, ND, Orders 152-424, dated 1 June 2013, honorably discharged the applicant from the ARNG and as a Reserve of the Army effective 6 June 2013. 4. The applicant was appointed as a Reserve commissioned officer of the Army in the ARNGUS, in the rank of 2LT, on 7 June 2013. He was promoted to first lieutenant on 7 December 2014. 5. In support of his application the applicant provides the following additional documents. a. Timeline of Events pertaining to his student loans, enlistment in the ARNG SMP and ROTC Scholarship Program, notification of incentive discrepancy, and denial of request for exception to policy (May 2013). b. North Dakota National Guard, Bismarck, ND, memorandum, dated 26 March 2012, subject: Notification of Incentive Eligibility Termination, that shows the State Incentives Manager notified the applicant that discrepancies found in his incentive contract required eligibility termination of this SLRP based on his ROTC Scholarship. c. DA Form 1559 (Inspector General Action Request), dated 21 December 2013, that shows the applicant requested identification of the status of his SLRP based on his request for exception to policy (ETP) due to non-receipt of SLRP payments for more than 3 years. 6. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB, Arlington, VA. a. The advisory official recommends full administrative relief; specifically, for the applicant to retain the $50,000 SLRP. (The NDARNG and the NGB Incentives Branch concurred with the advisory official's recommendation.) b. The NGB advisory official summarized the applicant's agreement to participate in the ARNG SMP and ROTC Scholarship Program and appointment as a commissioned officer. He also cited pertinent portions of the applicant's SLRP Addendum. He noted the applicant enlisted and was commissioned in good faith and fulfilled his obligations under his contract. He added that contracting as an ROTC Cadet did not deem the applicant ineligible to continue to receive his SLRP based on the terms of his contract. 7. On 25 March 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity (10 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. NGB-EDUi 1.1 provides guidance for State incentive managers, ARNG human resource officials, and Soldiers with procedures and information to participate and execute the ARNG ELRP. Section II (Requirements), paragraph 2-3 (Enlisted eligibility), shows enlisted Soldiers receiving ELRP will remain eligible while attending Officer Candidate School or Warrant Officer Candidate School or after contracting into the ROTC/SMP. Soldiers will also remain eligible upon commissioning or appointment, subject to the original restriction that their ELRP will be paid within the same period established in the original enlistment documents. 2. AR 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve. In pertinent part, it restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. * Each complete satisfactory year of service performed under the SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. * The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility. DISCUSSION: 1. Records show the applicant enlisted in the NDARNG on 23 August 2005 for a period of 6 years in MOS 14S. On 27 October 2010, he extended the term of service for a period of 6 additional years for participation in the SMP in the ROTC Scholarship Program and the agreement included the SLRP ($50,000). He indicated he had one (1) existing student loan (the amount was not specified). 2. The evidence of record shows the applicant completed the terms of his ROTC Scholarship Program, was discharged from the ARNG and as a Reserve of the Army on 6 June 2013, and appointed as a Reserve commissioned officer of the Army in the ARNGUS and NDARNG on 7 June 2013. 3. The evidence of record shows the applicant was informed that he could participate in the SMP ROTC Scholarship Program and, upon successful completion and appointment as a Reserve commissioned officer in the ARNG, he would remain eligible for the SLRP. In addition, records show the applicant's SLRP Addendum confirms that he would remain eligible for the SLRP. It is noted that the edition date on the NGB Form 600-7-5-R is 19 October 2010, previous editions of the form were obsolete, and the form was completed on 27 October 2010. a. The applicant successfully completed ROTC and he was appointed as a Reserve commissioned officer on 7 June 2013. b. For reasons that are not clear, the applicant was informed that he was no longer eligible for the SLRP. The evidence of record shows his request for ETP for SLRP was disapproved and recoupment action was initiated. 4. The Deputy Chief, Personnel Policy Division, NGB, conducted a review of the circumstances surrounding the applicant's SLRP and recommends full administrative relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011546 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011546 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2