ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20160016068 APPLICANT REQUESTS: reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive in the Florida Army National Guard (FLARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DD Form 214 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 30 April 2010 * National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4), dated 30 April 2010 * Memorandum, Subject: SLRP for the applicant, dated 17 May 2012 * Congressional inquiry, dated 30 July 2012 * Emails, dated 8 May and 15 September 2012 * DA Form 2823 (Sworn Statement), dated 24 February 2016 * Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 9 August 2016 FACTS: 1. The applicant states when he enlisted in the FLARNG for the SLRP, he was due an anniversary payment on 30 April (year not specified) and was denied payment due to a clerical error. There is no annex listed on his DD Form 4 or DD Form 1966 (Record of Military Processing – Armed Forces of the United States). He has kept his contractual obligation and he is requesting an ETP to the policy for the clerical errors that were no fault of his own. He has used his chain of command several times to resolve the matter, the Inspector General (IG), and his Congressman, which all have been to no avail. 2. A review of the applicant’s service records show the following on: * 30 April 2010 – enlisted in the FLARNG, in conjunction with his enlistment NGB Form 600-7-5-R-E was completed showing the following in: * section 2 (Eligibility), item c, he had 1 disbursed loan existing in the amount of $26,716.00 and the total amount for repayment would not exceed $50,000.00 * section 3 (Entitlement and Payments) item 1, the loan(s) must have been made, insured, or guaranteed under Part B of the Higher Education Act of 1965 or any loan made under Part E of such act, loans eligible are: * Stafford Loans (Subsidized), Stafford Loans (Unsubsidized) * Federally insured student loans * Perkins loans * Auxiliary loans to assist students * Supplemental loans to students * Consolidated loan program and SMART * William D. Ford Federal Direct Loan Program * State Student Loans are not eligible for the SLRP * he understood State guaranteed student loans are not authorized for payment * he endorsed this form with his signature 3. The applicant provides: a. Self-authored letter that states in pertinent part, he enlisted on 30 April 2010, and part of his military contract included the SLRP. He had filled out the required documents, completed all the necessary steps and gone through the proper chain of command at his unit, but the military has not yet picked up his student loan. He has kept up with his student loan payments while making numerous attempts through the proper chain of command to rectify the error, but has not received approval for the military to take over the payments as per his contract. b. Memorandum, Subject: SLRP for the applicant from his immediate commander that states he was fully eligible for the SLRP and to process his loan payment as soon as possible. c. Congressional inquiry, wherein he elicits the help of the Honorable T- D- to resolve the concerns related to his SLRP. d. Email correspondence from the applicant, IG, and the state incentive manager wherein they are enquiring about the applicant’s SLRP. The IG replied to him informing him of the inability to process his loan due to it being a “private” loan. e. DA Form 2823, showing his sworn statement that he enlisted in the FLARNG for the SLRP and the non-payment was not a fault of his own. f. Memorandum, Subject: Request for ETP for SLRP for the applicant, that states his ETP to retain the $50,000.00 SLRP was disapproved because he has ineligible loans not authorized for payment which violates ARNG Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP). 4. NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs) states: a. To be eligible for the Enlisted Loan Repayment Program (formerly known as SLRP) a Soldier must have one of the following loans: * Stafford Loans, also known as Guaranteed Student Loans * Federally Insured Student Loans * Perkins Loan (Formerly National Defense Student Loan/National Direct Student Loan (NDSL) * Auxiliary Loans to Assist Student * Supplemental Loans for Students * SMART Loans b. State and private loans are not eligible to be repaid under the CHELRP. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the type loan being outside the score of the SLRP program, the Board concluded that relief was not appropriate and recommended denying the applicant’s request for an exception to policy. 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. REFERENCE: NGB Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs) provides guidance for state’s incentive managers and Soldiers with procedures, and information to participate and execute the ARNG Loan Repayment Program. It states: a. To be eligible for the Enlisted Loan Repayment Program (formerly known as SLRP) a Soldier must have one of the following loans: * Stafford Loans, also known as Guaranteed Student Loans * Federally Insured Student Loans * Perkins Loan (Formerly National Defense Student Loan/National Direct Student Loan (NDSL) * Auxiliary Loans to Assist Student * Supplemental Loans for Students * SMART Loans b. State and private loans are not eligible to be repaid under the CHELRP. ABCMR Record of Proceedings (cont) AR20160016068 0 4 1