ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 October 2019

	DOCKET NUMBER:  AR20170009640


APPLICANT REQUESTS:  reversal of the National Guard Bureau's (NGB) decision 
to deny her request for an exception to policy (ETP) to retain the Chaplain, Health 
Professional and Enlisted Load Repayment Programs (CHELRP) incentive for 
enlisting in the Indiana Army National Guard (INARNG).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Statement of Understanding - Selected Reserve Montgomery GI Bill
*	Feature and Benefits Statement of Understanding
*	Annex B to DD Form 4  - Army National Guard (ARNG) Simultaneous 
Membership Program Agreement
*	Annex L to DD Form 4 – Enlisted Loan Repayment Program (ELRP) 
Addendum
*	Direct Sub Stafford Loan Details
*	Request for ETP

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 on 1 January 2011, in conjunction with her enlistment, she 
signed a Student Loan Repayment Program Addendum.  On 14 September 2012, 
she signed Annex B to DD Form 4 and the ARNG Simultaneous Membership 
Program Agreement (SMP).  She contends there were no indications that she was at 
risk of losing eligibility for the Student Loan Repayment Program (SLR incentive if 
she received a scholarship as a Reserve Officers’ Training Corps (ROTC) cadet.  
After she received the scholarship, her ROTC liaison informed her informed her 
about the law.  She explains her National Guard Bureau forms were not submitted 
property to the state and now is in an unplanned state of student loan debt totaling 
$35,000.
3.  The applicant provides:

	a.  Feature and Benefits Statement of Understanding, dated 28 January 2010, 
which states the applicant qualified for the Federal Tuition Assistance Program and 
she was eligible for the National Guard Supplemental Grand.

	b.  Statement of Understanding – The Selected Reserve Montgomery GI Bill 
(MGIB), dated 7 January 2011, which states the applicant must be qualified for the 
Selected Reserve MGIB and for a bonus under the Selected Reserve Incentive 
Program (SRIP) or other incentives such as loan payments, at the time of my 
enlistment, in the Army National Guard.  She contracted for at least 6 years and not 
receiving scholarship as a member of the ROTC program.

	c.  On 7 January 2011, she joined as a non-prior service enlistee for no less than 
6 years in the INARNG for up to $50,000.  The ELRP ARNG Addendum indicates 
she had 2 qualifying, disbursed loans for $4750 at the time of enlistment.  The 
Addendum also states the applicant is responsible for ensuring all completed DA 
Form 2475 has been received by the State Incentive Manager prior to the 
anniversary payment date.  Also, it states she understands that her ELRP will 
continue if she either accepts an appointment as an Officer candidate or if she 
contracts as an SMP/ROTC cadet.  The applicant and service representative 
authenticated this Annex with their signature.

	d.  Annex B to DD Form 4 - Army National Guard (ARNG) SMP Agreement, 
dated 12 September 2012, which states as a current ARNG member, her original 
enlistment agreement is to be held in abeyance in order that she participates in the 
SMP.  Upon acceptance into SMP, she is not eligible to continue in the ARNG 
Incentive Program.  The applicant and commander authenticated this Annex with 
their signature.

	e.  Request ETP for [Applicant], dated 12 October 2016, from the applicant’s 
commanding officer supporting her request to retain her SLRP incentive.  She 
explains the ROTC liaison failed to handle her paperwork properly but maintains the 
applicant met all requirements of her re-enlistment and committed no violations of 
her contract.

	f.  Direct Sub Stafford Loan Details Statement, dated 4 June 2017, which 
provides loan details the applicant incurred while attending Purdue University, IN.

4.  A review of the applicant’s service record shows:

	a.  She enlisted in the ARNG on 7 January 2011 in the rank and grade of private 
(PVT)/E1 for 6 years.

	b.  On 7 January 2011, she signed the Enlistment/Reenlistment Agreement – 
Service Requirement and Methods of Fulfillment, which indicated she would be 
assigned to the INARNG unit:  338th Quarter Support Company and would undergo 
training in MOS 92S (Shower/Laundry and Clothing Repair Specialist), and included 
the entry "I have been assured of attending the school course.”  The applicant and 
counselor, authenticated this Annex with their signature.

	c.  According to her DD Form 214 (Certificate of Release or Discharge from 
Active Duty), she entered active duty for training on 4 May 2011.  She was 
honorably released after completion of required active service on 
28 September 2011 and returned to her unit.

	d.  DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) 
Scholarship Cadet Contract), dated 24 October 2012, which shows:

*	she contracted for an education commencement date of 20 August 2012 at 
the Purdue University
*	the Army would pay:

*	full tuition and educational fees for 3 academic years
*	$1,2000 books and laboratory expenses
*	monthly subsistence of $350 for military science cadets (1st year), $450 
for military science cadets (2nd year), $500 for military science cadets 
(3rd year), $500 for military science cadets (4th year)

*	upon satisfactory completion of the academic, military, and all other 
requirements of the Army ROTC program, a cadet may be appointed as a 
Reserve officer in the Army in the grade of second lieutenant 
*	she understood and agreed she would incur an active duty and/or 
reimbursement obligation after the first day of the sophomore year
*	after appointment she would incur an eight year service obligation which 
could be served in an active status, Reserve component, Troop Program 
Unit or the Army National Guard
*	she endorsed this form with her signature

	e.  On 26 November 2012, she signed the Guaranteed Reserve Forces Duty 
(GFRD) – Scholarship Cadet Contract Endorsement, an agreement of GFRD cadet 
contracting in the Senior ROTC program.

	f.  She executed the oath of office on 13 May 2016 for the INARNG in the rank 
and grade of second lieutenant (2LT)/O2.

	g.  Based on her DD Form 214, she entered active duty for Field Artillery training 
on 26 October 2016.  Upon completion of training, on 30 March 2017, she was 
released and returned to her unit.

	h.  On 25 September 2017, she executed the oath of office for the Alaska ARNG 
in the rank and grade of 2LT/O2.

5.  On 7 December 2016, the National Guard Bureau (NGB) disapproved her 
exception to policy to retain the SLRP.  An NGB official referenced NGB-EDUi (NGB 
Education Division Instruction) 1.1 CHELRP effective 1 October 2009 and stated:

	a.  The applicant did not qualify because on 7 January 2011, she entered the 
SMP/ROTC program which violates ARNG CHELRP.

	b.  The discrepancy violates law and the ARNG and the State Incentive Manager 
will terminate the incentive without recoupment effective start of SMP contract. 

6.  NGB EDUi 1.1, CHELRP, establishes standards, policies, and procedures for the 
management of the Army National Guard CHELRP.  Paragraph 2-3 (4) states 
enlisted Soldiers receiving ELRP will remain eligible after contracting into 
ROTC/SMP.  Soldiers remain eligible upon commissioning or appointment. Any new 
or qualifying loans that were disbursed during the current contract term may be 
added for repayment only up to the 5th anniversary date. Additionally, it states 
payments on loans cannot exceed the $50,000 amount authorized under the initial 
contract with a maximum of 15 percent ($7,500 cap per Soldier, per year) or $500 
per year, whichever is greater.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions and the NGB’s denial was carefully 
considered.  The applicant was contracted to receive the SLRP as an enlisted 
service-member.  She later applied for and completed ROTC, and was 
commissioned.  Public law does not allow for her to receive the incentives after 
enrolling in ROTC.  The Board agreed it does not have the authority to make 
exceptions to public law, and recommended denying the requested relief.

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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Record (ABCMR) to excuse an applicant's failure to timely file within the three-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to 
do so.

2.  National Guard Bureau Education Division Instruction 1.1, Chaplain, Health 
Professional and Enlisted Loan Repayment Programs (CHELRP), establishes 
standards, policies, and procedures for the management of the Army National Guard 
CHELRP.  Paragraph 2-3 (4) states enlisted Soldiers receiving payment under the 
Enlisted Loan Repayment Program will remain eligible after contracting into Reserve 
Officers’ Training Corps or Simultaneous Membership Program Agreement.  Also, 
Soldiers remain eligible upon commissioning or appointment.  Any new or qualifying 
loans that were disbursed during the current contract term may be added for 
repayment only up to the 5th anniversary date. Additionally, it states payments on 
loans cannot exceed the $50,000 amount authorized under the initial contract with a 
maximum of 15 percent ($7,500 cap per Soldier, per year) or $500 per year, 
whichever is greater.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170009640

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