ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  14 January 2020

                  DOCKET NUMBER:  AR20170012178

APPLICANT REQUESTS:  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)
*	National Guard Bureau (NGB) Exception to Policy (ETP)

FACTS:

1.  The applicant states: 
*	his initial contract did not indicate he should be granted the SLRP
*	his initial Military Occupational Specialty (MOS) was said to be 09B
*	the SLRP addendum is saved under the Bonus Annex not under Education 
Annex
*	he enlisted on 17 May 2011 as a 09S, candidate for Officer Candidate School 
(OCS)
*	he was offered $50,000 SLRP
*	on 31 August 2016 he received a letter from NGB stating his request for ETP 
was denied because the bonus option was not selected
*	a written agreement could not be found in the applicant's record
*	the applicant did not qualify in the contracted MOS 
*	the applicant feels these statements are wrong
*	the SLRP addendum is saved in his online record
*	the recruiter failed to take care of him while completing his initial contract 
which is of no fault of the applicant
*	the SLRP was the selling point for getting him to join the Army National 
Guard (ARNG) over the US Army Reserve (USAR)
*	the written agreement is saved under Bonus Annex as the Education SLRP 
in his online record
*	the ETP states his MOS does not grant him eligibility to receive SLRP
*	the initial MOS is listed as 09B when it should be 09S which is the MOS you 
receive prior to graduating OCS
*	your final MOS is predicated upon completion of OCS
*	as a member of the Georgia ARNG you do not chose your MOS you get 
what's the need of the Army
*	commissioned officers were offered either the $50,000 SLRP or $10,000 
commission bonus and he received neither
*	the applicant thanks the Board for the help and assistance

2.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States), which shows he enlisted in the ARNG on 17 May 2011 for a period of 8 years.

	b.  An Enlistment/Reenlistment Agreement Army National Guard, Service 
Requirements and Methods of Fulfillment, dated 17 May 2011, which shows:

*	his enlistment in the ARNG is for 8 years with 6 years as an assigned 
member and 2 years in the Individual Ready Reserve
*	his MOS was 09S Commissioned Officer Candidate
*	the addendum attached to his enlistment agreement was the Montgomery GI 
Bill addendum

	c.  An undated Annex L SLRP Addendum ARNG which shows:

*	the applicant is enlisting in the ARNG for an initial service obligation of either 6x2 
or 8x0 for an SLRP incentive of up to $50,0000
*	he was enlisting into the ARNG under the 09S option 
*	upon commissioning he will continue eligibility of the SLRP
*	the applicant and Service Representative signed the form, but did not date it
*	the SLRP Control Number, which is mandatory, is left blank

3.  The applicant provides a memorandum from NGB Subject Request for Exception to 
Policy for SLRP for the applicant, dated 31 August 2016, which states:

*	an ETP to retain the $50,000 SLRP is disapproved
*	the applicant's bonus option was not selected
*	written agreement could not be located in the applicant's records
*	the applicant did not qualify in the contracted MOS
*	date of agreement/enlistment 30 March 2012
*	contracted loan addendum/agreement amount $50,000
*	Contracted MOS 09B

4.  See below for applicable regulations.  





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, his enlistment contract with a recorded MOS, the Montgomery GI Bill 
addendum, the signed but undated SLRP Addendum, the absence of an SLRP control 
number and the absence of the SLRP document in his records and the review and 
denial of an ETP by the NGB.  The Board found sufficient evidence to show the 
applicant was eligible for the incentive at the time of enlistment and the denial of the 
ETP was based on the absence of the addendum in the records.  Based on a 
preponderance of evidence, the Board determined that the record should show that the 
applicant addendum was submitted at the same time as his enlistment contract.


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





























BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 to reflect:

-	The Annex L SLRP Addendum ARNG for the applicant was completed, to 
include an automated control number, and signed on the date of his enlistment;
-	The Annex was submitted with his contract, accepted and processed by the 
appropriate authority, and;
-	That the applicant received the SLRP incentive in accordance with loan 
documents he provided, up to the limits of the program and within the criteria for 
repayment of qualified loans.
												 
    
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.  Department of Defense Instruction 1205.21 (Reserve Component Incentive Program 
Procedures) states in Paragraph 6.2, 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. That agreement shall clearly specify the terms of 
the Reserve service commitment that authorizes the payment of the incentive to the 
member.

2.  ARNG Selected Reserve Incentives Program for Fiscal Year 2011 memorandum, 
effective 1 August 2011, states:

	a.  The SLRP recipient must meet the eligibility criteria for enlistment, they must fill a 
valid position.

	b.  The recipient and enlisting/witnessing official, and service representative are 
required to sign an incentive addendum on the date of enlistment.  The incentive 
addendum will state the terms and conditions of the incentive.

	c.  The incentive addendum is not valid if signed after the execution date of the 
enlistment documents and/or if not signed and dated by an enlisting/witnessing official 
and a service representative at the time the document is executed.  

	d.  An incentive addendum must have an approved automated control number 
issued on or before the date of the service agreement.  
ABCMR Record of Proceedings (cont)		AR20170012178
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