BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160005610 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160005610 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160005610 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, reversal of the decision by the National Guard Bureau (NGB) to deny his exception to policy (ETP) request to retain the Student Loan Repayment Program (SLRP) incentive. 2. The applicant states he enlisted in the Iowa Army National Guard (IAARNG) in August 2011. He has attempted to remedy a critical problem that he has been working on since he came back from basic training in 2012. a. When his paperwork was filed, a control number was submitted in his paperwork, which came from his recruiter, Sergeant First Class (SFC) T____ C____. When he inquired about his student loans being repaid, she explained to him that the control number was expired. This caused him not to be enrolled in the SLRP. He has worked with his unit (Company C, 1st Battalion, 168th = Infantry) Education Services Officer (ESO) (Chief Warrant Officer Two (CW2) M____ W____) and the Inspector General's (IG) Office in an attempt to get this corrected. All possible avenues to appeal his situation have been turned down at this point. His recruiter wrote a letter stating that it was her fault the control number was expired. He tried to file an addendum with the Education Office and that was not an option either. He has been working with the IG since 2013. b. Since enlisting, he has faithfully upheld his responsibility as a Soldier in the IAARNG and reported to every battle assembly and annual training that is required of him. He feels it was the responsibility of the IAARNG to hold up their end of the contract and assist him with paying off his student loans. This has been a stressful endeavor for him and his family ever since he found out there was a problem, for him and his family. It has placed a financial strain on his family in that he has had to cover the payments the whole time he has been working to correct this error. 3. The applicant provides: * Request for ETP and denial of ETP * Statement from the recruiter * Statement of Understanding of Reserve Obligations and Responsibilities CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the IAARNG for a period of 6 years on 22 August 2011. His enlistment contract does not contain an SLRP Annex. 2. His DD Form 1966 (Record of Military Processing) shows he enlisted under the ARNG Standard Training Program for training in military occupational specialty (MOS) 11C (Indirect Fire Infantryman). Section IV (Remarks) of this form shows the entry: "I understand that I must meet eligibility criteria for the SLRP at the time of my enlistment to include a qualifying ASVAB score and ESO verification of my existing student loans." 3. His Guard Annex (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment), dated 22 August 2011, shows he enlisted for a total of 8 years, 6 years in the ARNG and 2 years in the Individual Ready Reserve. He enlisted for the Standard Training Program for training in MOS 11C and assignment to 1st Battalion, 168th Infantry, Johnston, IA. This Annex states in Section VII (Addendums) that it contained the Montgomery GI Bill Addendum. An SLRP Addendum is not listed. 4. He entered active duty for training (ADT) on 11 January 2012 and completed required training for award of MOS 11C. He was honorably released from ADT on 4 May 2012. 5. He continued his service with the 1st Battalion, 168th Infantry, and he was promoted to sergeant/E-5 on 24 September 2014. 6. He submitted an ETP to retain the SLRP incentive as follows: a. In his statement, he stated he should have his bonus/incentive added or reinstated because he had no way of knowing that his control number for the SLRP had expired when he signed his paperwork. He was originally advised that his enlistment date would be 29 June 2011, but that it was pushed back to 22 August 2011 due the requirement for a medical waiver (for his vision). Upon his return from basic training in May 2012, he discovered that there was an error in his paperwork and that he was not enrolled in the SLRP program. Once he found this out, he went to his squad leader who directed him to the administrative sergeant, who reached out to CW2 M____ W____. They tried to get his incentive reinstated. He was told the only way to get it backdated was to reenlist for 1 year. Despite their best efforts, a new regulation came out a short time after that. He could not be reenrolled into the SLRP even if he reenlisted. He then reached out to his recruiter, SFC T____ C____, who reviewed the paperwork and contacted the commander. She advised that she could see that when he enlisted and signed his paperwork there was an error made and that he should have had the SLRP. She recommended that he speak with the chain of command and the IG. The IG recommended he submit a request for an ETP. It was explained to him further that the control number on his paperwork had expired and that it was the responsibility of his recruiter to obtain a new number once that number expired. It was also explained to him that there would be no way for him to know about the control number and that it had expired at the time of his enlistment. The error was due to no fault of his. b. In her statement, his recruiter, SFC T____ C____, stated the applicant enlisted in the IAARNG on 22 August 2011. His first trip to the Military Entrance Processing Station (MEPS) was in June 2011, but because of an issue with his vision, she needed to send forward a medical waiver to NGB. In June, everything was prepared for his enlistment. All promissory notes were uploaded with the necessary documentation and the necessary notations in his DD Form 1966. Many things were changing in the IAARNG with incentives at the time of his enlistment. When he returned to the MEPS, everything she had in his packet in June was still there in August. At the time, she did not know that the control number for the SLRP had expired and the SLRP statement was overlooked by MEPS staff. His DD Form 1966 has the statement: "I understand that I must meet the eligibility criteria for the Student Loan Repayment Program at the time of my enlistment to include having a qualifying ASVAB score and ESO verification of my existing student loans." He met all the requirements to receive his SLRP. Upon his enlistment, they both fully expected him to receive his SLRP. If she had known his control number had expired, he would not have enlisted that day. When he first contacted her about this issue, she called her chain of command and reviewed his documentation. She spoke with CW2 M____ W____, others in the Education Department, and her noncommissioned officer in charge. After learning of the new regulation about Soldiers not being able to extend to receive benefits, she advised the applicant to go through his chain of command and/or the IG. The applicant is an exceptional individual. He is a college graduate, a great Soldier, and lives by the Army Values. When he enlisted, he had plans to attend officer candidate school after training. She believes he still has those plans. She does not feel he should be punished for other people's mistakes. 7. On 13 June 2014, NGB denied his ETP request to retain the SLRP incentive. An NGB official referenced "All States Log Number P11-0009," ARNG Selected Reserve Incentives Program (SRIP) for Fiscal Year 2011 effective 1 August 2011, and stated an ETP to retain the $50,000.00 SLRP for the discrepancy(ies) listed below is denied. The State Incentive Manager will terminate the incentive effective the contract starting date. a. The applicant did not contract for the incentive at the time of enlistment, which violates the Department of Defense Instruction 1205.21, which in turn violates ARNG SRIP 11-01. Additionally, his incentive addendum cannot be found, which violates ARNG SRIP 11-01, and his bonus control number was requested after the date of enlistment, which also violates ARNG SRIP 11-01. b. He enlisted/accessed in the IAARNG, unit identification code (UIC) WP5UCO, on 22 August 2011. The contracted loan addendum/agreement amount was $50,000.00 and the contracted MOS was 11B (i.e., 11C). Upon review of the enlistment documents, there is no evidence to substantiate an incentive being offered; therefore, the request cannot be granted. REFERENCE: 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 $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater. Payments will be made for each year of satisfactory service in the Selected Reserve. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a 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. Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. 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: 1. The applicant's enlistment contract does not indicate he enlisted for the SLRP incentive. His DD Form 1966, as well as his Guard Annex, both show he enlisted for training in MOS 11C. His DD Form 1966 does not list the Bonus Addendum as part of the enlistment agreement. 2. It is possible the applicant's enlistment processing might have contained administrative errors as the recruiter suggested in her statement. However, there no evidence of record to support his enlistment for the SLRP incentive. There is no SLRP Bonus Addendum or an entry on his contract that he was promised this incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005610 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005610 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2