ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20170003222 APPLICANT REQUESTS: his initial contract to be corrected to reflect his eligibility to receive the Student Loan Repayment Program (SLRP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Inspector General (IG) letter to applicant FACTS: 1. The applicant states there were many errors in his initial contract regarding his SLRP. He received a memorandum explaining the issues associated with his SLRP. The errors in his contract were due to the fault of his recruiter misleading him. He would like this issue rectified because he joined with the understanding his student loan would be taken care of. 2. A review of the applicant’s records show: a. On 15 October 2010, he enlisted in the Louisiana Army National Guard (LAARNG) for 7 years and 45 weeks as a Chemical Operations Specialist/ 74D. He signed the NGB Form 600-7-5-R-E showing he requested the SLRP, the document is void of dates b. On 1 March 2011 he completed a DA Form 4187 (Personnel Action Request), request a correction be made to his DD Form 4 (Enlistment/Reenlistment Document) to show his enlistment date changed from 15 October 2010 at 9 December 2010 c. On 8 December 2016 he was honorably discharged from LAARNG with 6 years, 1 months and 24 days, Authority and Reason: Expiration of Active Status Commitment in the Selected Reserve 3. The applicant provided a letter from the Inspector General (IG), dated 17 June 2016 showing: a. It was in response to the applicant request dated 15 April 2016 regarding an inquiry into the denial of the applicant’s $50,000.00 SLRP incentive by the NGB due to administrative errors. b. IG determined on 9 December 2010, the applicant signed a reenlistment DA Form 4 and Addendum NGB Form 600-7-5-R-E in good faith which extended his for 6 years and entitled him to $50,000.00 SLRP incentive c. The office verified the administrative errors noted in the applicant’s Exception To Policy (ETP) request to the NGB. d. Block 5 of his DD Form 4 has the date 15 October 2010 typed, however he did not biometrically sign it until 9 December 2010. LAARNG Incentive Office reports the applicant enlistment date a 15 October 2010. e. The applicant was erroneously provided a version of the SLRP addendum, missing signatures and dates. f. The IG office determined both the enlistment contract and SLRP addendum were erroneous or unauthorized g. On 27 May 2014 NGB provided a Memorandum for Record to LAARNG State Incentive Manager denying the applicant’s request for an ETP to retain the SLRP incentive h. On 16 December 2014 NGB published guidance regarding erroneous extensions and reenlistments, the service member may elect to submit a Personnel Action request (DA Form 4187) thru your chain of command in an attempt to redress your erroneous enlistment. 4. See references below. 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 contract and incentive documents, the different dates recorded on the contract documents, the review and conclusions of the IG and the review and denial of the applicant’s requested exception to policy by the NGB. The Board found no evidence that the applicant elected to submit a Personnel Action Request through his chain of command to redress the erroneous enlistment and that his state TAG denied his request. The Board concurred with the IG office assessment that the contract and the SLRP addendum were erroneous or unauthorized. Based on a preponderance of evidence, the Board determined that the denial of the SLRP was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 10/29/2020 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, USC Chapter 1609 (Education Loan Repayment Program) section 16301 states that members of Selected Reserve subject to the provisions of this section, the Secretary of Defense may repay: * any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 * any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.) * any loan made under part E of such title (20 U.S.C. 1087aa et seq.) * any loan incurred for educational purposes made by a lender that is an agency or instrumentality of a State, a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State, a pension fund approved by the Secretary for purposes of this section; or a nonprofit private entity designated by a State, regulated by that State, and approved by the Secretary for purposes of this section. 2. You must have one or more qualifying and disbursed Title IV federal loan(s) not in default at the time of enlistment or re-enlistment/extension in order to qualify. Loans must have been disbursed prior to the date of enlistment, affiliation or re- enlistment/extension and must be at least one year old on anniversary date of the contract (unless adjusted for periods of authorized nonavailability). Loans disbursed after the date of enlistment, affiliation or re-enlistment/extension are not eligible for repayment unless you are re-enlisting or extending for a minimum six-year contract in the National Guard without a break in service from the original SLRP contract start date. The lender information must be verified annually against the NSLDS documents. The NSLDS documents must not be older than 90 days from the scheduled anniversary payment date. The National Guard will not make a payment to a Soldier or reimburse that Soldier for payment(s) made by the Soldier or by any other individual on that Soldier's behalf. All SLRP payments are paid to the financial institution only. State and private loans are not eligible for repayment under the SLRP program. 3. FY 11 SRIP Policy Guidance states members may enlist for a term of service of not less than 6 years. The SLRP amount would not exceed $50,000.00. 4. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs 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 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. 5. Army Regulation 135-7 (Incentive Program) states that the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975. Any loan made, insured or guaranteed under Part B of the Higher Education Act of 1965, or any loan made under Part E of this Act, after 1 October 1975, may be repaid. The following loans qualify for repayment: Stafford Loan Program (formerly Guaranteed Student Loans (GSL), Federally Insured Student Loans, Perkins Loan (formerly National Defense Student Loan and National Direct Student Loans (NDSL), Auxiliary Loans to Assist Students (ALAS), Supplemental Loans for Students (SLS), Consolidated Loan Program (CLP) and SMART Loans. //NOTHING FOLLOWS//