IN THE CASE OF: BOARD DATE: 1 October 2015 DOCKET NUMBER: AR20150002402 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, reinstatement of his entitlement to the Student Loan Repayment Program (SLRP). 2. The applicant states SLRP Bonus Control Number (BCN) S10050005IN was terminated due to "retroactive offering" because the service representative dated the SLRP addendum after the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) was signed. The applicant did not date the SLRP addendum and stated his DD Form 4 was not filled out correctly in that the DD Form 4 did not show the SLRP had been offered. a. When the applicant enlisted in the Indiana Army National Guard (INARNG) on 21 January 2010, he believed he was signed up for the SLRP. There were some administrative errors on his DD Form 4 that were not discovered until after he left the Military Entrance Processing Station (MEPS). Once the errors were discovered, they were corrected using a DA Form 4187 (Personnel Action). The applicant was not aware that this DD Form 4187 had not been included in his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS). An exception to policy (ETP) was submitted and the National Guard Bureau (NGB) denied the ETP request. The DA Form 4187 would have resulted in his ETP being granted, if it had it been properly placed in iPERMS. He enlisted in good faith believing he would receive the SLRP. 3. The applicant provides: * DA Form 4, dated 21 January 2010 * Guard Annex (Enlistment/Reenlistment Army National Guard (ARNG) Service Requirements and Methods of Fulfillment), dated 21 January 2010 * DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 21 January 2010 * DA Form 4187, dated 6 may 2010 * Annex L to DD Form 4 (SLRP Addendum - ARNG of the United States (ARNGUS)), dated 7 May 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * memorandum for record, dated 25 April 2013 * memorandum for record, ETP request, dated 3 July 2013 * ETP request, dated 17 July 2013 * ETP denial, dated 4 March 2014 * notification of ETP request, dated 6 March 2014 * self-authored statement, dated 5 February 2015 * letter of support, dated 5 February 2015 * Army Board for Correction of Military Records (ABCMR) Checklist, undated CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's record contains a DD Form 4 showing he enlisted in the INARNG on 21 January 2010 for 8 years (8X0). Section 8a of his DD Form 4 states "The additional details of my enlistment/reenlistment are in section C and Annex(es) and describe A." 3. He provided a Guard Annex, dated 21 January 2010, showing he enlisted in the INARNG, specifically for: * Troop B, 1st Squadron, 152nd Cavalry, Unit Identification Code (UIC) WPPTBO, Connersville, IN [MTOE unit] * Military Occupational Specialty (MOS) 19D (Cavalry Scout) * Program S (Standard Training) 4. His record contains a DA Form 4187, dated 6 May 2010, requesting amendment of his DA Form 4 in section 8a to read "The additional details of my enlistment/reenlistment are in section C and Annex(es) and describe A L." This form also states that supporting documents were attached, including a master promissory note which had been verified and approved by the education branch. The Selected Reserve Incentive Program (SRIP) manager approved the DA Form 4187 on 6 May 2010. This DA Form 4187 included the following attachments: a. Annex L to DD Form 4/SLRP addendum shows: (1) the applicant was a non-prior service applicant enlisting in a Modified Table of Organization and Equipment (MTOE)/or deploying Table of Distribution and Allowances (TDA) unit, UIC WPPTBO, for a term of service not less than6 years in the ARNGUS with a current statutory obligation of 8 years. (2) He contracted for SLRP in the amount of $50,000.00 (3) He was in test score category I-IIIA, had an Armed Forces Qualification Test (AFQT) score of 88, and had 1 disbursed loan. (4) He understood that he was required to become MOS qualified (MOSQ) within 24 months of his enlistment and that each year, 90 days before his anniversary, he would contact his unit to make payment on the loan(s). (5) The applicant signed but did not date the addendum, the service representative signed and dated it 7 May 2010, and the witnessing official signed but did not date the document. Additionally, the SLRP BCN was listed as 510050005IN. b. A master promissory signed and dated by the SRIP manager on 15 January 2010. 5. He entered active duty for training (ADT) on 18 May 2010. During this period Orders Number 221-0450, issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison Command, Fort, Knox, KY on 9 August 2010, awarded him MOS 19D effective 16 September 2010. 6. He was honorably released from ADT on 16 September 2010. His DD Form 214 listed his MOS as 19D and indicated he was returned to Troop B, 1st Squadron, 152nd Cavalry, UIC WPPTBO. 7. The INARNG Education Services Officer drafted a request for ETP, dated 17 July 2013, wherein he requested the NGB allow the applicant to retain the SLRP incentive. 8. By memorandum dated 4 March 2014 the NGB denied the ETP for retention of the SLRP incentive.. The NGB referenced NGB Education Division Instruction 1.1 (NGB-EDUi 1.1), ARNG, Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP), dated 1 October 2009 (effective 1 October 2009 - 31 July 2011) and stated: a. An ETP to retain the $50,000.00 SLRP for the discrepancies listed below was denied and the State SLRP manager was directed to invalidate the incentive. (1) The applicant did not contract for the incentive at the time of enlistment and is not eligible for retroactive entitlement, as it would violate ARNG CHELRP Fiscal Year (FY) 2009. (2) The applicant's incentive addendum contains missing signature dates from the applicant and the witnessing official, which violates ARNG CHELRP Fiscal Year (FY) 2009. (3) The applicant's BCN was requested after the date of enlistment, which violates ARNG CHELRP Fiscal Year (FY) 2009. b. The applicant enlisted in the INARNG on 21 January 2010. Neither the DD Form 4 nor the DD Form 1966 supports any incentive being offered at the time of enlistment. The SLRP BCN was not requested until 7 May 2010, and the only signature date listed on the SLRP addendum was affixed by the Service Representative on 7 May 2010; therefore, the request cannot be granted. 9. The applicant's commander provided a letter of support dated 5 February 2015. The commander stated the applicant enlisted in the INARNG and signed up for the SLRP. There were administrative errors on his DD Form 4 and the addendum from the MEPS station in Indianapolis at the time of his enlistment. Nevertheless, he served in good faith and without issues while under the assumption that his student loans were being paid. When his unit submitted the ETP request the DA Form 4187 did not go up with the request and his request was denied. His commander is requesting the applicant’s request for ETP be favorably considered by the Board and the SLRP addendum be honored because the original error occurred at MEPS through no fault of the applicant. 10. NGB-EDUi 1.1, ARNG, CHELRP, paragraph 2-3 (Enlisted Eligibility) [dated 1 October 2009] states, to be eligible for the Enlisted Loan Repayment Program (ELRP) a Soldier must be a secondary school (high school) graduate and have one or more qualifying, and disbursed loans at the time of enlistment/re-enlistment/extension. Payments on loans cannot exceed the $50,000 amount authorized under the initial contract, with a maximum payment of 15 percent ($7,500 cap per Soldier, per year) or $500 per year, whichever is greater. All non-prior service (NPS) enlistees must meet the following eligibility requirements in addition to the general requirements: enlist for either a 6x2 or 8x0 enlistment option; enlist into a combat support (CS), MTOE, Aviation Classification Repair Activity Depot (AVCRAD), Regional Training Institute (RTI) or a Medical or Special Forces TDA Unit; and qualify as a Category I-IIIA enlistment (AFQT of 50 or higher). 11. ARNG SRIP Guidance for FY 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06) with updates, dated 10 August 2007, updated on 17 February 2009 states in paragraph 9 (Enlisted SLRP), that no SLRP contract may exceed $50,000 and payments on loans cannot exceed the amount authorized under the initial contract. Applicants/Soldiers must have one or more qualifying, and disbursed loans at the time of enlistment and Soldiers must enlist into a MTOE or deploying TDA unit. Any Soldier who initially contracts for the SLRP on or after the effective date of this memorandum may continue SLRP eligibility by immediately extending for a period of not less than 6 years after the current contract term has expired. These Soldiers may continue to extend in this manner until they reach the maximum dollar amount authorized on their initial SLRP contract. The ARNG offers a NPS SLRP as an enlistment incentive for NPS enlistees. It may be offered in addition to any NPS enlistment bonus. The total amount of SLRP will not exceed the initial contracted amount with a maximum payment of 15 percent or $500 per year, whichever is greater. All NPS enlistees must meet the following eligibility requirements to receive the SLRP: Soldiers must enlist for either a 6X2 or 8X0 enlistment option; Soldiers must qualify as a Category I-IIIA enlistment (AFQT of 50 or higher); Applicants who enlist in a MTOE unit will receive the $50,000 SLRP. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's master promissory note was signed and dated by the SRIP manager on 15 January 2010; 6 days before he signed his DD Form 4. This shows intent to include the SLRP as part of the enlistment contract. 2. His DD Form 4 and Guard Annex were signed on 21 January 2010 and did not contain any mention of an SLRP addendum. However, his DD Form 4 was later corrected by a DA Form 4187, dated 6 May 2010, to show an SLRP addendum was attached or included as part of the enlistment contract. 3. His record also includes the SLRP addendum, which the applicant, the service representative, and the witnessing official all signed. However, only the service representative dated the addendum on 7 May 2010. Additionally, this addendum contains a BCN. 4. The applicant met the necessary criteria for the SLRP in that he was a NPS enlistee who enlisted for 8 years, in an MTOE unit, and he had an AFQT score of 88, which exceeded the requirement of 50. 5. The applicant's request should be considered as a matter of equity because: a. The errors occurred at the MEPS station and were not the applicant's fault. b. The evidence indicates an intent to offer the SLRP prior to the date listed on the DD Form 4. c. The applicant served in good faith believing he would receive the SLRP. 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 Army National Guard records of the individual concerned be corrected by: * showing he is/was eligible for the SLRP in accordance with the terms of his enlistment contract, dated 21 January 2010, as an exception to policy * showing all necessary documents pertaining to his receipt of SLRP were completed and processed timely * paying his student loans with the SLRP funds as specified in his enlistment contract ___________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) AR20150000515 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002402 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1