IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180007521 APPLICANT REQUESTS: Correction of his record to show reversal of the National Guard Bureau’s (NGB) denial of the $20,000.00 Student Loan Repayment Program (SLRP) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 11 March 2008 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum), dated 11 March 2008 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 28 December 2008 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Bonus Addendum), dated 28 December 2008 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 September 2009 * Self-authored letter, dated 1 May 2017 * NGB Form 22 (Report of Separation and Record of Service), dated 25 September 2017 * Memorandum, Subject: Second Review Request for Exception to Policy (ETP) for SLRP, dated 29 January 2018 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 Boards 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 because he has served in the military for 26 years without any incident in any legal way, he deserves to have his student loan paid. It is not fair that he could not even pay for his children's school, and now this is being done to him. The reason he joined the military was to have a career serving the people of the U.S. 3. A review of the applicant’s official records show the following on: a. On 7 May 1998, having had prior enlisted service in the U.S. Navy, the applicant enlisted in the California Army National Guard (CAARNG) for a period of 3 years. b. On 6 May 2001, DA Form 4836 was completed which extended the applicant’s enlistment from 6 May 2001 to 6 May 2004. c. On 5 May 2004, DA Form 4836 was completed which extended the applicant’s enlistment from 6 May 2004 to 6 May 2007. d. On 6 May 2007, the applicant was honorably discharged from the ARNG. e. On 11 March 2008, the applicant enlisted in the CAARNG for a period of 1 year. In conjunction with this enlistment NGB Form 600-7-5-R-E was completed showing the following in: (1) Section 2 (Eligibility) he was enlisting for a minimum term of 6 years, and he had 2 loans existing in the amount of $20,000.00. (2) Section 7 (Authentication) he endorsed this document with his signature. f. On 28 December 2008, DA Form 4836 was completed which extended the applicant’s enlistment from 9 March 2009 to 9 March 2015. His record is void of an NGB 600-7-5-R-E pertaining to this extension. Additionally, this DA Form 4836 indicates the SLRP was not selected at the time of extension. g. On 25 September 2017, the applicant was honorably transferred to the U.S. Army Reserve Control Group (Retired Reserve). 4. The applicant provides: a. DA Form 4836 showing the applicant’s Expiration Term of Service (ETS) was 9 March 2009 and he extended and changed his ETS to 9 March 2015. b. NGB 600-7-3-R-E showing the applicant would receive a bonus payment for a 6 year reenlistment/extension. c. DD Form 214 showing the applicant’s deployment in support of Operation Iraqi Freedom. d. Self-authored letter that states he enlisted in the CAARNG on 11 March 2008 as a prior service 88M (Motor Transport Operator). His recruiter at the time initially enlisted him for the SLRP and a prior service bonus, however, he only enlisted for one year, so he was not eligible for the bonuses in the end. His recruiter stated he would be in his reenlistment window immediately as his unit was mobilizing and would be eligible for a reenlistment bonus lump sum tax free and could also get the SLRP at that time as well. He did extend in November 2008 while deployed in Iraq and received the reenlistment bonus but his unit at the time failed to properly execute his SLRP contract and request a bonus control number. Based on the evidence that he wanted the SLRP as seen on his enlistment documents, he should have received this incentive as well at the time of his extension. e. Memorandum, Subject: Second Review Request for ETP for SLRP, wherein the applicant was informed by an NGB official his ETP to retain the $20,000.00 SLRP was disapproved because he did not enlist for the proper term of service which violates ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-06. 5. ARNG SRIP Guidance for Fiscal Year 2007, 10 August 2007 – 31 March 2008 (Policy Number 07-06) states prior service applicants may enlist for a term of service of not less than six-years in order to establish SLRP eligibility. 6. 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. 7. Army Regulation (AR) 135-7 (Incentive Programs), paragraph 5.1 (SLRP) states an extension of an enlistment or reenlistment agreement will not serve to qualify a member for the SLRP. 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 one-year enlistment in the CAARNG and extension of that enlistment, the absence of an SLRP election on the DA Form 4836, the denial of an ETP and the requirements for SLRP contained in SRIP guidance. The Board further considered Army Policy for Incentive Programs. The Board found that the applicant did not enlist for the required period of service to be eligible for SLRP. Based on a preponderance of evidence, the Board determined that denial of the applicant’s requested SLRP eligibility was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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 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. ARNG SRIP Guidance for Fiscal Year 2007, 10 August 2007 – 31 March 2008 (Policy Number 07-06) states prior service applicants may enlist for a term of service of not less than six-years in order to establish SLRP eligibility. 3. 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. 4. AR 135-7 (Incentive Programs), paragraph 5.1 (SLRP) states an extension of an enlistment or reenlistment agreement will not serve to qualify a member for the SLRP. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007521 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1