BOARD DATE:  30 March 2020

		DOCKET NUMBER:  AR20170005577


APPLICANT REQUESTS: Correction of his record to show reinstatement of his 
$50,000.00 Student Loan Repayment Program (SLRP) incentive. 


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), dated 
	20 November 2011
*	National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum Army 
National Guard (ARNG), dated 20 November 2011
*	DA Form 4187 (Personnel Action), dated 15 December 2014
*	Returned mail envelope number 1
*	Memorandum, Subject: Notification of Incentive Discrepancy and Exception to 
Policy (ETP), dated 19 February 2015
*	Returned mail envelope number 2
*	Memorandum, Subject: Notice of Incentive Eligibility Termination, dated 7 April 
2015
*	Email correspondence

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 (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 in pertinent part, on 20 November 2011, he re-enlisted for six 
additional years in Puerto Rico Army National (PRARNG).  Also he signed for SLRP 
benefits, because at that time he graduated from law school with a student loan debt of 
around $50,000.00.  Until 2013 his loans were paid according to the SLRP, he also 
renewed DD Form 2475 (Department of Defense Educational LRP Annual Application) 
every year.  On April 2015 he was notified by the State SLRP representative that his 
SLRP was terminated for the following reasons:  SLRP control number was not in the 
addendum and control number was requested after contract signature date.  Later, he 
met Specialist C- M- and Sergeant First Class A- L- (State Incentive manager) and they 
told him that they notified him through certified mail about this problem and the 
possibility of an ETP to fix the problem, but both letters were returned as unclaimed.  He 
explained to them that both letters was sent to his old home of record address and he 
had no idea why his old address was still showing as his home of record address when 
he requested that address to be changed in November 2014.  As a service member, he 
met all requirements for the SLRP when he signed his contract.  He is not responsible 
for adding or requesting a control number, so he has no control over the process.  Even 
if he had an incorrect address, the SLRP office maintained communication with him via 
email so if they had notified him about any discrepancy by email he would have been 
able to fix the problem.

3.  A review of the applicant抯 official records show the following:

	a.  On 27 February 1991, the applicant enlisted in the PRARNG and served through 
multiple extensions of his enlistment.

	b.  On 20 November 2011, the applicant extended his enlistment in the PRARNG, 
and the following forms were completed:

		(1)  DA Form 4836 showing he had four previously granted extensions to his 
1991 enlistment.  He extended his expiration term of service date to 26 February 2018 a 
period of 6 years.

		(2)  NGB Form 600-7-5-R-E showing in section 3 (Acknowledgement) he was 
extending for a SLRP incentive up to $50,000.00.  Section 15 (Statement of 
Understanding) he was responsible for ensuring a DA Form 2475 was received by the 
State incentive manager.  He and the service representative endorsed this form.  It is 
void of a control number.

4.  The applicant provides:

	a.  DA Form 4187 showing the applicant submitted a change to his home of record 
address.

	b.  Two returned mail envelopes showing the envelopes were addressed to the 
applicant抯 old home of record address.

	c.  Memorandum, Subject: Notification of Incentive Discrepancy and ETP wherein 
the applicant was notified that a discrepancy had been discovered with his SLRP that 
must be resolved to avoid eligibility termination.  The reason for termination was a 
missing control number on the SLRP addendum and the control number was requested 
after the contract signature date (this letter was sent to the applicant抯 old address on 
file).

	d.  Memorandum, Subject: Notice of Incentive Eligibility Termination wherein the 
applicant was notified the SLRP incentive would be terminated without recoupment (this 
letter was sent to the applicant抯 old address on file).

	e.  Email correspondence showing the applicant in 2014 was notified by email of his 
SLRP anniversary payment.  The applicant attached all supporting documents to this 
email.  The education incentive specialist did not inform him of anything being wrong 
with his SLRP status. 

5.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive 
Programs Procedures) requires each recipient of an incentive to sign a written 
agreement.  The agreement must clearly specify the terms of the Reserve Service 
commitment that authorizes the payment of the incentive.

6.  Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) 
paragraph 6-2 (Eligibility) states an eligible Soldier is one who executes NGB Form 
600𤪛朢朎 on the same date of the Service contractual agreements (DA Form 
4836).  Once a Soldier has extended, and executed an ARNG addendum to participate 
in the SLRP, the provisions of the ARNG addendum will remain in force until the earlier 
occurrence of one of the following: (a) Participation in the SLRP is terminated in 
accordance with this regulation.  (b) The maximum SLRP benefit as appropriate has 
been paid.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant抯 request, supporting documents and 
evidence in the records.  The Board considered the applicant抯 statement, his record of 
service, his enlistment extension, the SLRP addendum in the record, the notification of 
a SLRP anniversary payment, returned correspondence from his unit regarding issues 
with his SLRP and the reason for the termination of his incentive without recoupment.  
The Board considered that the applicant signed an SLRP addendum in good faith and 
fulfilled the required service associated with the addendum.  Based on a preponderance 
of evidence, the Board determined that the termination of the applicant抯 SLRP 
incentive was unjust and that his eligibility should be restored.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
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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:

-	Reinstating the applicant抯 SLRP eligibility in accordance with the terms of his 
signed SLRP addendum, and;
-	Issuing payments on behalf of the applicant upon receipt of supporting 
documentation for each incentive anniversary date.



		  
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.


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REFERENCES:

1.  Title 10, USC, 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 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.  DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each 
recipient of an incentive to sign a written agreement.  The agreement must clearly 
specify the terms of the Reserve Service commitment that authorizes the payment of 
the incentive.

3.  AR 621-202 (Army Educational Incentives and Entitlements) paragraph 6-2 
(Eligibility) states an eligible Soldier is one who executes NGB Form 600𤪛朢朎 on 
the same date of the Service contractual agreements (DA Form 4836).  Once a Soldier 
has extended, and executed an ARNG addendum to participate in the SLRP, the 
provisions of the ARNG addendum will remain in force until the earlier occurrence of 
one of the following: (a) Participation in the SLRP is terminated in accordance with this 
regulation.  (b) The maximum SLRP benefit as appropriate has been paid.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170005577


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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