IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20170014283 APPLICANT REQUESTS: Reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the Student Loan Repayment Program (SLRP) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) SLRP Addendum), dated 2 March 2009 * DD From 214 (Certificate of Release or Discharge from Active Duty), dated 13 March 2014 * Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 1 December 2015 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 he began looking into joining the military and settled on the Army because they were offering a way for him to pay off his student loans through the SLRP. No other service was offering this benefit at the time. On 3 March 2009, he enlisted into the Georgia Army National Guard (GAARNG) with the assistance of Sergeant First Class (SFC) K-, the contractor enlisting him. SFC K- advised him he was eligible for the SLRP and asked him how much money in loans he had accumulated. He took that into consideration and had him sign a contract stating the Army would pay his student loans up to $20,000.00 (contract attached). The Army paid the first installment toward his student loans (approximately $5,000.00) but failed to pay the other 3 years when he applied for repayment. The readiness noncommissioned officer at the time instructed him (verbally) to apply for an ETP as she was being told his SLRP was not authorized. He completed the ETP. He then received a memorandum in his records from the State incentive manager, stating the SLRP was not authorized and his request for an ETP was denied. He believes this is an injustice because he was offered this benefit through an official Army representative and they both signed the contract. He has fulfilled all parts of the contract he signed, and believe it to be wrong the Army refuses to fulfill its part of the contract. The SLRP was the most important part of his choosing the Army over the other services and if he was not able to receive the SLRP, he may have chosen a different branch. He requests that the record be corrected so he can receive the benefits he agreed to on his enlistment day. 3. A review of the applicant’s official records shows the applicant enlisted on 2 March 2009, the applicant enlisted in the GAARNG. In conjunction with this enlistment the following forms were completed: a. NGB Form 600-7-5-R-E showing the following: (1) Section 2 (Eligibility) upon his enlistment in the ARNG he was eligible for the SLRP as indicated under the Selected Reserve Incentive Program (SRIP). Item d indicated he had one loan in the amount of $14,000.00 and the total amount of repayment for qualifying loans would not exceed $20,000.00. (2) He endorsed this form along with the recruiter SFC K-. b. DD Form 1966 (Record of Military Processing Armed Forces of the United States) showing the applicant enlisted in Military Occupational Specialty (MOS) O9S (Commissioned Officer Candidate). c. On 12 September 2011, Orders Number 255-835, issued by Department of Defense, Military Division, appointed the applicant as a Reserve commissioned officer in the ARNG. d. On 1 December 2015, by memorandum, the applicant was notified by the Chief, Personnel Programs, Resources and Manpower Division, his ETP to retain the $50,000.00 SLRP was disapproved because the specific SLRP program was not authorized on the contract date which violated ARNG SRIP Policy Number 07-06 updated 1 March 2009. 4. The applicant provides DD Form 214 showing he was deployed in support of Operation Enduring Freedom. 5. ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009, updated 1 March 2009 states applicants enlisting under the Officer Candidate School enlistment options are not authorized any incentives with the exception of the Officer Accession Bonus (upon commissioning). 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 properly signed contract and the date of his enlistment with SLRP addendum, the date (one day prior) of the change in ARNG SRIP Policy Number, the initial payment of the incentive and denial of remaining payments, the denial of the ETP request and his continued service (to include deployments). Based on a preponderance of evidence, the Board determined that the applicant and recruiter signed the contract in good faith and that the denial of the applicant’s incentive was unjust. 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 show: - The applicant’s continued eligibility for the SLRP incentive completed as a part of his enlistment contract, and; - Payment of any remaining qualified loans, as submitted by the applicant, up to program limits and in accordance with his contractual agreement. 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, United States Code, 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009, updated 1 March 2009 states applicants enlisting under the Officer Candidate School enlistment options are not authorized any incentives with the exception of the Officer Accession Bonus (upon commissioning). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014283 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1