ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2019

	DOCKET NUMBER:  AR20170009956


APPLICANT REQUESTS:  reversal of the National Guard Bureau's (NGB) decision 
to deny his request for an exception to policy (ETP) to recoup the Student Loan 
Repayment Program (SLRP) incentive for enlisting in the Washington Army National 
Guard (WAARNG).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States)
*	USMEPCOM Form 601-23-4-E (Restriction on Personal Conduct in the 
Armed Forces)
*	Annex L to DD Form 4 (Student Loan Repayment Program (SLRP))
*	Defense Finance and Accounting Service – Leave and Earning Statement
*	Memorandum, subj: Notification of Incentive Discrepancy and Exception to 
Policy (ETP) Process

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:

	a.  In April 2008, as a young college student, he enlisted in the ARNG.  He 
agreed to a contract for incentives that included $20,000 to be granted under the 
SLRP.  For reasons unbeknownst to him, the bonus addendum containing the SLRP 
benefit was not completed and signed until June 2008.  He states that prior to 
departing for basic training, he completed the addendum at the Military Entrance 
Processing Station (MEPS) in Seattle, WA.

	b.  He adds the signed date on his initial enlistment contract does not match the 
signed date on his incentive SLRP addendum.  This mismatch has caused an 
administrative halt to receiving the benefit and now the ARNG is garnishing his 
wages for repayment.  As a new recruit, he had no way of knowing that this 
discrepancy would invalidate his contract or the SLRP benefit.  The Army did not 
detect this error until 2014, several years after the initial payments were made.  He 
believes it is unjust that a Soldier with an unblemished record of service would have 
his wages garnished for an administrative error made by the recruitment office.

3.  The applicant provides the above referenced documents to include:

	a.  A self-authored statement, dated 3 December 2014, which states his initial 
contract date and the date he swore-in was 26 April 2008.  The SLRP Addendum, 
dated 24 June 2008, was signed during his Basic Combat Training screening and 
processing at MEPS.  He believes there was error made on the initial enlistment that 
omitted the SLRP Addendum and the recruiters rectified the issue two months later 
with a new SLRP Addendum.  

	b.  Annex L to DD Form 4 or DA Form 4836 (SLRP Addendum), dated 
24 June 2008 which indicates he was a non-prior service applicant, enlisting for 6 
years in the ARNG.  Also, it indicates he had 1 disbursed loan existing in the amount 
of $9,000.  The total amount of repayment for qualifying loans would not exceed 
$20,000 with annual repayment of 15 percent of the original balance of the loan(s) or 
$500 plus accrued interest, not to exceed $3000 per year.  The Addendum also 
listed the conditions for suspension, termination and recoupment.  The applicant and 
MEPS service representative authenticated this Annex with their signature.  The 
SLRP Addendum does not state it is required to be signed the same day as the 
enlistment documents.

	c.  Memorandum, subj: Notification of Incentive Discrepancy and Exception to 
Policy (ETP) Process, from the State Incentives Manager, Joint Forces 
Headquarters, Washington National Guard, dated 13 November 2014, which states 
a discrepancy with his student loan repayment incentive contract must be resolved 
to avoid termination.  The reason listed for the discrepancy was the contract issued 
date and addendum signature date were after the contract start date.

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

	a.  The DD Form 4 shows:

*	item 5 (date of enlistment/reenlistment):  26 April 2008
*	item 8 Additional details listed in:  Annex A, Annex E and Annex K 
*	item 13a (certification and acceptance/date signed):  28 April 2008
*	item 14f (date signed):  28 April 2008
*	item 17 (in the National Guard):  26 April 2008
*	item 18b (date signed):  28 April 2008
*	item 19f (enlistment officer certification/date signed):  28 April 2008

	b.  He signed the Enlistment/Reenlistment Agreement – Service Requirement 
and Methods of Fulfillment, on 26 April 2008, which indicates he would enlist under 
the “Alternate Split Training” program and would be assigned to the WAARNG unit: 
Company A 81st F 40th Brigade Troops Battalion and would undergo training in 
MOS 35F (Intelligence Analyst) and the entry "I have been assured of attending the 
school course”.  The applicant and MEPS witnessing official, X__ X__, authenticated 
this Annex with their signature.  The Enlistment/Reenlistment Agreement does not 
state it is required to be signed the same date as the SLRP Addendum.

	c.  He signed Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus 
Addendum) on 26 April 2008, which indicates he enlisted as a non-prior service 
enlistee into a Critical UIC under the 6X2 enlistment option and would receive a 
Non-Prior Service Critical UIC Bonus (lump sum payment) of $20,000.  The 
applicant and MEPS witnessing official, X__ X__, authenticated this Annex with their 
signature.  

	d.  Annex S (SLRP) is not listed on the DD Form 4.

	e.  On 25 June 2008, he was ordered to initial active duty for training.  He 
completed training and returned to his ARNG unit on 6 September 2008.

	f.  On 29 October 2009, he entered active duty for advanced initial training for 
35F (Intelligence Analyst).  He completed training and returned to his ARNG unit on 
25 March 2010.

	g.  The member is currently assigned to HHC 3-161 IN with WAARNG in Kent, 
WA.

4.  On 25 September 2015, the National Guard Bureau (NGB) disapproved his 
exception to policy to retain the SLRP incentive.  An NGB official referenced ARNG 
Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 2007 
(Policy Number 07-06) and stated the Bonus Control Number (BCM) was requested 
after the date of enlistment.  Also, the SLRP addendum was signed after the 
enlistment documents, both of which violate the policy set forth in the ARNG SRIP 
07-06.

5.  ARNG SRIP Guidance for FY07, (Policy Number 07-06), dated 
10 August 2007, in effect at the time, provided specific requirements for non-prior 
service enlistees receiving the SLRP and included the following:  a total of $20,000 
was the maximum amount for the SLRP.  The Soldier must have one or more 
qualifying and disbursed Title IV Federal Loans that are not in default at the time of 
enlistment.  The SRIP Guidance does not state the BCN is required to be requested 
before the date of enlistment.

6.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), in 
effect at the time, provides policies, procedures and implementation of Selected 
Reserve Incentives Programs.  

   a.  Paragraph 2-5 states, enlistment contracts are valid only with bonus control 
numbers which will be issued from the State incentive office to MEPS counselors.  
State incentive manager will verify accession packets for BCNs, accuracy of 
enlistment documents, eligibility for critical skill bonus and establish a bonus pay 
account immediately.  

   b.  Paragraph 5-1 states, for the initial contract period only, for a non-prior service 
applicant, the SLRP Addendum is completed as part of the enlistment contract at 
time of enlistment.  List Annex S on the DD Form 4.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  Board members noted that the applicant enlisted in good faith and 
depended on the subject matter experts to complete the appropriate forms. In the 
Board’s opinion, the applicant should not be penalized based on administrative 
errors committed by other personnel and thus recommended the applicant be 
granted an ETP to retain his SLRP benefit.

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 and Army National Guard records of the individual concerned be 
corrected by showing the National Guard Bureau's approved the applicant’s request 
for an exception to policy (ETP) to retain the Student Loan Repayment Program 
(SLRP) incentive for enlisting in the Washington Army National Guard (WAARNG).

	  
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.  Army National Guard Selected Reserve Incentive Program (SRIP) Guidance for 
Fiscal Year (FY) 2007, (Policy Number 07-06), dated 10 August 2007, in effect at the 
time, provided specific requirements for non-prior service enlistees receiving the 
Student Loan Repayment Program (SLRP) and included the following:  a total of 
$20,000 was the lifetime maximum amount for the SLRP.  The Soldier must have 
one or more qualifying and disbursed Title IV Federal Loans that are not in default at 
the time of enlistment.  The SRIP Guidance does not state the Bonus Control 
Number (BCN) is required to be requested before the date of enlistment.

3.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), in 
effect at the time, provides policies, procedures and implementation of Selected 
Reserve Incentives Programs.  

   a.  Paragraph 2-5 states, enlistment contracts are valid only with bonus control 
numbers which will be issued from the State incentive office to Military Entrance 
Processing Station counselors.  State incentive manager will verify accession 
packets for BCNs, accuracy of enlistment documents, eligibility for critical skill bonus 
and establish a bonus pay account immediately.  

b.  Paragraph 5-1 states, for the initial contract period only, for a non-prior service 
applicant, the SLRP Addendum is completed as part of the enlistment contract at 
time of enlistment.  List Annex S (SLRP) on the DD Form 4 (Enlistment/Reenlistment 
Document – Armed Forces of the United States).

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170009956

4

1