ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20160017553 APPLICANT REQUESTS: reversal of the National Guard Bureau’s (NGB) decision to deny his request for an exception to policy (ETP) to retain the Student Loan Repayment Program (SLRP) incentive in the Texas Army National Guard (TXARNG) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * Soldier Information SLRP printout * Selective Reserve Incentive Program (SRIP) Payment * Annex R (Reenlistment/Extension Bonus Addendum), dated 16 October 2005 * Annex S (SLRP Addendum), dated 16 October 2005 * NGB Denial of Exception to Policy FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his extension of enlistment documents were lost in transition while on deployment in Iraq. He was advised that it would be fixed when he returned to home station. Upon completion of his service obligation, he filled out DD Form 2475 (DoD Loan Educational Loan Repayment) with his ARNG Incentive Office. Additionally, he emailed the required documents to the NGB because they could not locate the original addendum, which caused his SLRP to be denied. He believes that it is unjust to deny his claim after he fulfilled his contract. 3. The applicant provides: a. His oath of extension of enlistment/reenlistment which states on 16 October 2005, he extended his enlistment for a period 6 years from 8 January 2006 to 8 January 2012. b. A print out from the web-based application, iMARC, shows a system update on 30 August 2006 for SLRP, effective 16 October 2005, for $20,000. c. Annex R (Reenlistment/Extension Bonus Addendum), which indicates on 16 October 2005 he contracted for a 6 year reenlistment/extension bonus and would receive a lump sum payment of $15,000. d. Annex S (SLRP Addendum – ARNG) that shows he held a critical military occupational specialty (MOS), 13B, which was authorized for SLRP. According to the document, it was re-produced on 17 August 2006 because it was lost while in Iraq, The document was signed by a service representative and the State Incentive Manager. 4. A review of the applicant’s service records shows he enlisted in the ARNG on 20 September 1996 and he was placed on the permanent disability retired list on 11 December 2014. 5. On 13 December 2013, the NGB denied his exception to policy to retain the SLRP incentive. An NGB official referenced Memorandum, NGB-ARM, 4 October 2005 for Fiscal Year (FY) 06 (Policy Number 06-02) and stated: a. The applicant’s incentive addendum cannot be found which violates ARNG SRIP 06-02. In addition, the extension documents annotate an improper Rule which does not support an incentive having been offered in connection with this extension. b. The applicant’s Bonus Control Number (BCN) was requested after the date of reenlistment/extension which violates ARNG SRIP 06-02. 6. ARNG SRIP Guidance for FY06, effective 1 October 2005 through 30 September 2006, (Policy Number 06-02), dated 13 December 2013, provided specific requirements for those receiving the SLRP and included the following: current ARNG Soldiers with existing loans could enlist or extend for a term of service of not less than 6 years from the date of the SLRP agreement in order to establish eligibility. A total of $20,000 was the maximum payment for SLRP program. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the findings outlined by the NGB and the lack of corroborating evidence of the applicant’s statements concerning the processing of the extension documents, the Board determined that there was insufficient evidence to show that there was an error or injustice which would warrant overturning the NGB’s decision to deny the applicant’s ETP. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army National Guard Selected Reserve Incentive Program Guidance for FY06, effective 1 October 2005 through 30 September 2006, (Policy Number 06-02), dated 13 December 2013, established policy to administer ARNG incentives for the states period. Paragraph 5 (SRIP Eligibility) provided specific requirements for those receiving the Student Loan Repayment Program (SLRP) and included the following: current ARNG Soldiers with existing loans could enlist or extend for a term of service of not less than 6 years from the date of the SLRP agreement in order to establish eligibility. Also, a total of $20,000 was the maximum payment for SLRP program. ABCMR Record of Proceedings (cont) AR20160017553 4 1