BOARD DATE: 2 March 2020 DOCKET NUMBER: AR20170001401 APPLICANT REQUESTS: in effect, correction of his records to show his enrollment in the Student Loan Repayment Program (SLRP) when he enlisted in the Puerto Rico Army National Guard (ARNG) on 1 May 2013. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) SLRP Addendum – ARNG of the United States) 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. ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2013, effective 1 January 2013 through 30 September 2013, Policy Number 13-01, dated 29 November 2012, established policy to administer ARNG incentives for the stated period. 3. National Guard Regulation 600-7 (Selective Reserve Incentive Programs) provides ARNG policies, procedures, and implementation of Selected Reserve Incentive Programs. Chapter 2 (Selected Reserve Incentive Program – Non-prior Service Enlistment Bonus) states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to counselors and reported to NGB. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 4. Department of Defense Instruction 125.21 (Reserve Component Incentive Program 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 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. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 that when he enlisted for the first time, the Army was supposed to pay for his student loans, but that never happened. That was one of the clauses of his contract when he enlisted. His credit is being affected because of this. One of the reasons he entered the Army was for the SLRP. 3. On 1 May 2013, he enlisted in the Puerto Rico ARNG. Section IX (Authentication) of his NGB Form 600-7-5-R-E, dated 1 May 2013, shows: a. He understood that at the time of his signature, a request Reservation Transaction Identification Number had been verified, approved, and recorded on this SLRP addendum by the Guidance Counselor Resource Center and completed by a Military Entrance Processing Station (MEPS) guidance counselor. He also was aware that the SLRP he was contracting for was invalid without this automated Reservation Identification Number recorded on this form, on this date, and that he would be held to the terms of this addendum. He also understood that he must complete an enlistment contract on the same date as this addendum. b. The Service Representative certified he witnessed the reading and signing of the SLRP addendum and the signature of that of the applicant. He verified that the applicant met the eligibility requirements of National Guard Regulation 600-7 and the applicant enlisted in a critical-skill military occupational specialty and was not issued a Non-Prior Service Enlistment Bonus or Montgomery GI Bill Selected Reserve Kicker. c. The form was signed by a witnessing officer the same date. 4. On 9 March 2016, the Puerto Rico National Guard issued him a Notification of Incentive Eligibility Termination, stating a discrepancy was discovered in his SLRP contract that required termination of his incentive. The reason for the discrepancy was identified as the SRIP Policy Guidance for Fiscal Year 2014, effective 2 June 2014, Policy Number 14-01. Under no circumstances shall the MEPS guidance counselor execute an SLRP/09S contract without the Guard Incentive Management System Pre- Approval memorandum from the State Incentives Manager or SLRP Manager. A Pre- Approval Memorandum was not prepared validating the SLRP Incentive. 5. On 29 January 2020, the NGB rendered an advisory opinion wherein the Chief, Special Actions Branch, stated: a. The applicant signed and dated a DD Form 4 on 1 May 2013. He also signed and dated an NGB Form 600-7-5-R-E on 1 May 2013. He entered into this agreement with the understanding that his four loans in the amount of $35,022.00 would be paid throughout the duration of his contract. The applicant was eligible to receive this incentive per SRIP Policy Guidance for Fiscal Year 2013, effective 1 January 2013, Policy Number 13-01 at the time he enlisted in the Puerto Rico ARNG and maintained his eligibility throughout the entirety of his contract. b. The applicant's incentive was terminated, not because he was ineligible to enter into the agreement, but because the MEPS guidance counselor created the SLRP contract, which the applicant signed in good faith. The MEPS guidance counselor verified the information was correct, without ensuring that the State Incentive Manager had completed the pre-approval memorandum. c. There were multiple infractions during this enlistment process that the applicant should not be held responsible for. Consideration should be given to the fact that the applicant was unaware of the process related to incentives and relied solely on the guidance of the subject matter experts regarding his eligibility and the documents required to receive the SLRP incentive. The applicant provided student loan documentation, which his recruiter and the MEPS guidance counselor accepted for processing and validated multiple times before generating an SLRP incentives contract. Consequently, the applicant made a decision to enlist based on false information and expectations. d. Based on the evidence and foregoing information, the NGB Special Actions Branch recommends that the applicant receive the SLRP incentive that he contracted for upon his enlistment in the Puerto Rico ARNG. The actions taken by the MEPS guidance counselor during the incentives contract process led NGB to believe there was complete oversight regarding the establishment of the applicant's SLRP incentive, which resulted in the premature generation of his incentive contract. The applicant completed the entirety of his obligation honorably and faithfully, and should not be penalized for the failure of the subject matter experts during his enlistment process. 6. The applicant was provided a copy of the NGB advisory opinion, dated 6 February 2020, to allow him the opportunity to submit comments. He did not respond. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the terms of his enlistment contract and SLRP addendum, the review and termination of that incentive and the applicable SRIP Policy Guidance. The Board considered the review and conclusions of the NGB advising official and concurred that the denial of the applicant’s incentive was due to no fault of the applicant. Based on a preponderance of evidence, the Board determined that a correction was necessary to remedy an injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :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 the applicant retained his eligibility for the SLRP incentive as shown in his enlistment documentation, and; - Paying the applicant’s loans in accordance with the terms and monetary limit of the incentive. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001401 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1