IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20160006774 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: 24 January 2017 DOCKET NUMBER: AR20160006774 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 showing an exception to policy was approved authorizing the applicant to retain the SLRP and paying the incentive in accordance with the policies in effect when she extended her enlistment on 24 April 2014. _____________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: 24 January 2017 DOCKET NUMBER: AR20160006774 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, as an exception to policy, entitlement to the Student Loan Repayment Program (SLRP) incentive. 2. The applicant states: a. She signed a contract to reenlist and to receive the SLRP incentive in April 2014. She did not receive her incentive for the anniversary date of 16 November 2015. Due to an administrative error by the recruiting specialist, her paperwork was not submitted within the allotted time period. Additionally, the hard copy of her SLRP contract was not uploaded into the interactive Personnel Electronic Records Management System (iPERMS) and it was subsequently lost when the recruiting office moved. Therefore, she is requesting payment of the SLRP as an exception to policy. b. The District of Columbia Army National Guard (DCARNG) recruiting office explained that her contract was deleted from the system since it was not completed within 90 days. She was asked to submit her SLRP contract, but she was never given a copy and the paperwork was lost when the recruiting office moved. However, she was able to provide her oath of enlistment and copies of her outstanding loan balance which were uploaded to iPERMS in 2014. In addition, she submitted a memorandum requesting payment of the SLRP as an exception to policy, which was denied by the National Guard Bureau (NGB). Since she has exhausted all avenues to resolve this issue, she is requesting a new SLRP contract so that she may receive the student loan incentive. 3. The applicant provides copies of: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 24 April 2014 * memorandum, dated 22 February 2016, from the applicant, requesting payment of the SLRP as an exception to policy * memorandum, dated 25 February 2016, from the NGB denying the applicant’s request for payment of the SLRP incentive as an exception to policy * 16 pages of emails, Federal Student Aid - Student Data CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 17 August 2002 with two extensions of her enlistment. 2. DA Form 4836 that the applicant provided shows the applicant extended her enlistment in the DCARNG for 6 years on 24 April 2014. There is no NGB Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment Program Addendum Army National Guard) in the available record. 3. On 22 February 2016, the applicant requested payment of the SLRP incentive as an exception to policy and she provided a copy of her student loan information sheet. She stated when she reenlisted, the DCARNG Career Counselor told her she was eligible for the SLRP incentive and she would receive the pay upon submission of her loan data and completion of one year of service. 4. On 25 February 2016, the NGB denied the applicant’s request stating a written agreement could not be located. Without a properly filed form (SLRP Addendum), the exception to policy violates the Department of Defense Instruction 1205.21, paragraph 6.2 and the ARNG did not have the authority to approve her request for an exception to policy. The State Incentive Manager was to terminate the incentive with recoupment. 5. The emails state that on: * 24 April 2014, the applicant submitted copies of her student loans * 14 December 2014, the applicant submitted a copy of her Oath of Office * 1 December 2015, the applicant requested clarification as to when she would receive the SLRP payment * 11 December 2015, the applicant was advised that she would have to start the process over * 4 January 2016, a review of the Guard Incentive Management System (GIMS) showed that her SLRP contract had been deleted in July 2014 due to the contract being created but not submitted within 90 days; the GIMS automatically deletes incomplete transactions * 14 January 2016, her contract status was shown as "Delete" and was corrected to "Active" * 18 February 2016, the applicant had completed an SLRP request with her reenlistment contract, but it had not been uploaded to her iPERMS record REFERENCES: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 2. Army Regulation 135-7 (Army National Guard and Army Reserve – Incentives Program) prescribes policies and procedures for administration of the ARNG and USAR incentive programs. It states the loan repayment incentive provides for the repayment by the U.S. Government of a designated portion of any outstanding loan(s). This educational incentive may only be elected at the time of enlistment or reenlistment or extension. 3. National Guard Regulation 600-7 (Selected Reserve Incentives Program), dated 26 March 1999, sets policies and procedures for administration of the ARNG incentive programs, including bonuses and loan repayment programs. It states the SLRP may be offered to Prior Service (PS) enlistees, and current ARNG members who meet the following requirements: * enlist/affiliate or reenlist/extend for a minimum of three years in their military occupational specialty * reenlist/extend as the primary position holder (not coded excess) in a grade commensurate with the position * have one or more disbursed qualifying loan(s) * not be enlisting/affiliating to qualify/or serve in any permanent or indefinite military technician assignment which requires dual status * not be enlisting to qualify/or serving in Active Guard Reserve status * be within 365 days of, or 24 hours after, their current ARNG enlistment, reenlistment or extension contract * must have a pre-approval authorized date from the ARNG incentive management system, prior to signature * Applicants are required to sign documents which specify the eligibility criteria for the term of service for the desired incentive * the document will contain an acknowledgement that the applicant has been advised of and understands the benefits of the program and the conditions which can cause suspension or termination of recoupment, if applicable * these documents will be authenticated by a proper witnessing official and will include the preparation date DISCUSSION: 1. At the time of the applicant's 24 April 2014 reenlistment she was eligible to request participation in the SLRP. The emails she provided show that she provided copies of her student loans at that time. 2. In December 2014, upon request, the applicant provided a copy of her Oath of Office. 3. Subsequent emails show the DCARNG acknowledged that the proper documentation had not been uploaded into the applicant’s iPERMS record and GIMS showed her contract was deleted. 4. The NGB did not offer an opinion as to the validity of the applicant’s request for payment of the SLRP incentive as an exception to policy. The NGB stated they could not grant the request because it was not shown to have been completed within 90 days of her reenlistment. 5. Through no fault of the applicant, her request for participation in the SLRP was not properly uploaded into the computer system. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006774 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006774 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2