ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2109 DOCKET NUMBER: AR20160017362 APPLICANT REQUESTS: * to retain his Student Loan Repayment Program (SLRP) * to retain his GI Bill Kicker * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * enlistment agreement * SLRP Addendum * GI Bill Kicker Addendum FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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: * he enlisted in the California Army National Guard (ARNG) on 23 April 2009 * he signed up for the SLRP and the GI Bill Kicker * he was informed he was eligible for the SLRP because he had the correct type of student loans * he was eligible to receive up to $50,000 in student loan repayment and the GI Bill Kicker in the amount of $200 per month * he placed his initials next to each section of the addendums acknowledging he was eligible based on the criteria set forth by the recruiter * the SLRP addendum did not indicate that private loans were not eligible for the program * the correct loan amounts and total debt owed were included on the addendum by his recruiter * the enlistment contract was verified and coded at the Military Entrance Processing Station and it was issued a control number * after he had completed a successful year of his enlistment, he was notified he could not receive reimbursement for his student loans because they were private loans * he was also told the military occupational specialty (MOS) he enlisted in wasn't a critical MOS and therefore he was ineligible for the GI Bill Kicker * he requests an exception to policy be made to correct the verbiage and documentation within his contract so he is eligible for the SLRP and GI Bill Kicker * he enlisted for them in good faith because he expected to be paid for them * his student loan account information was explicitly included on his SLRP addendum * his recruiter neglected to verify his student loans were eligible * the MEPS facility failed to verify his student loans were eligible before they issued a control number * his recruiter erroneously confirmed his loans were payable during a conversation the week of 20 April 2019 * because of that conversation, the applicant's loan information was included in his contract * this fully deceived him into thinking that required actions were completed to validate the information * through no fault of his own his SLRP was invalidated on the grounds the loans were ineligible to be paid * the SLRP addendum didn't identify the inability to pay private student loans * he relied on the expertise, knowledge, and integrity of his recruiter to ensure his loans were eligible for payment * he should not be penalized for mistakes made willingly or unwillingly by multiple persons through his enlistment process * he signed his enlistment contract and addendums in good faith with no intention to defraud the California ARNG or receive compensation he was not entitled to * despite the errors and lack of compensation of either of his enlistment incentives, he's successfully completed 7 years of service * he continues to conduct himself in a manner that benefits and improves the Army * the exception to policy process has held up his request for compensation for nearly 5 years, the injustice should be considered by the Board 3. The applicant signed his enlistment agreement on 23 April 2009. Part of his agreement was that he would go to training for the MOS 15T (UH-60 Helicopter Repairer). In return, he would be receiving the Montgomery GI Bill Kicker and the SLRP. 4. The applicant signed the SLRP stating he had three loans existing in the amount of $71,298.00 and the total amount of repayment for qualifying loans would not exceed $50,000. The addendum does not specify the type of loans he had received. The applicant's service record is void of, and the applicant did not provide, copies of his student loans to determine their type. 5. In the SLRP addendum the applicant agreed he: * understood the loans must have been made, insured, or guaranteed * understood the types of loans that were eligible for repayment * understood state student loans are not eligible for the SLRP * would provide MEPS with a copy of all his promissory notes or letters of disbursement upon enlistment * understood state student loans were not authorized for payment * understood Plus Loans were not authorized for payment * read his contract and addendum and received a copy of both 6. The GI Bill Kicker addendum states the applicant will become qualified in the MOS 15T and he will remain a satisfactory participant in the ARNG for a period of six years. The applicant's records are void of, and the applicant did not provide, official notification that he was not eligible for either the SLRP or the GI Bill Kicker. 7. The applicant's service records contains a DD Form 124 (Certificate of Release or Discharge from Active Duty) for the time period he was at MOS training. It confirms his MOS is 15T. His personnel qualification record also confirms the applicant completed 15T MOS training. The applicant was separated from the ARNG as an enlisted Soldier effective 1 May 2012. He remains in the ARNG as a warrant officer. 8. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, 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. a. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with recoupment if they separate from the Reserves for any reason (including enlistment or voluntary order to active duty in the active forces). b. Exceptions to recoupment are when a member becomes a simultaneous member of an authorized officer commissioning program or accepts an immediate appointment as an officer in a Reserve component, and, in either case, has served more than 1 year of the incentive contract term following receipt of the initial incentive payment. 9. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s claims, his service in the CAARNG, his statement and his reliance on CAARNG officials confirming his eligibility for the two incentives. The Board determined that, in spite of administrative irregularities in the record, the applicant signed up in good faith, presented his student loan documents and continues to serve. 2. After reviewing the application and all supporting documents, the Board found the relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XF :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 records of the individual concerned be corrected by showing: - he was eligible for and all required documents were completed at the time of his 23 April 2009 enlistment for the SLRP and the GI Bill Kicker incentives, and; - he is entitled to payments for the GI Bill Kicker and SLRP up to the established program limit. 2 July 2019 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. REFERENCES: 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 Army Board for Correction of Military Records (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. 2. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, 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. a. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with recoupment if they separate from the Reserves for any reason (including enlistment or voluntary order to active duty in the active forces). b. Exceptions to recoupment are when a member becomes a simultaneous member of an authorized officer commissioning program or accepts an immediate appointment as an officer in a Reserve component, and, in either case, has served more than 1 year of the incentive contract term following receipt of the initial incentive payment.