IN THE CASE OF: 

		BOARD DATE:  6 September 2022

		DOCKET NUMBER: AR20220000389


APPLICANT REQUESTS: in effect, an exemption in order to use her Student Loan 
Repayment Program (SLRP) incentive offered in her current contract with the Kentucky 
Army National Guard (KYARNG) in 2021.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Student Aid Summary 
*	Leave and Earnings Statements 
*	Annex L (SLRP Addendum)
*	Stafford Loan Account 

FACTS:

1.  The applicant states she needs a memorandum from the Board to grant permission 
to the National Guard Bureau (NGB) to allow her to use the SLRP that was stated in her 
second contract. She did have an SLRP contract from the Reserves from 2007-2016 
but her second contract has an addendum with it that states as long as she has not 
received any prior payment from SLRP, she would be able to use it. She did not receive 
any payment and when trying to use her SLRP, she got this response from the 
Education Benefits SFC. "We have reviewed your files in iPERMS and see that you 
have already had a SLRP contract from the reserves. Unfortunately, this disqualifies 
you from a SLRP with us, you are only authorized one SLRP contract within in your 
military career, this is in the contract that you signed as a disqualifying factor that 
unfortunately is above NGBs authority to grant an override. Please let me know if you 
have any questions." When working with the National Guard recruiter, she asked him if 
she was able to get the SLRP and they wrote in her new National Guard contract an 
addendum that she was able to as long as she has not received any payment. Her prior 
contract disqualified her in the system from a SLRP with the National Guard. A 
memorandum needs to be written and sent to them so they are able to override this, 
and she can receive her SLRP benefit written in the second National Guard contract 
she signed on 14 July 2020.

2.  Review of the applicant抯 service records shows: 

	a.  She enlisted in the U.S. Army Reserve (USAR) on 17 December 2007. She 
agreed to serve in the Selected Reserve for a minimum of 6 years, in a unit vacancy 
authorized a bonus entitlement. 

	b.  She signed an Enlistment Bonus Addendum that promised her a $20,000 
enlistment bonus, in exchange for her 6-year service in a bonus unit. 

	c.  On 14 July 2020, she enlisted in the Kentucky Army National Guard (KYARNG) 
as a specialist (SPC)/E-4 for 6 years, under the 09S (Commissioned Officer Candidate) 
training option with the SLRP Option (up to $50,000). 

	d.  She signed Annex L (Student Loan Repayment Program Addendum) with her 
enlistment. This Annex promised her payment for authorized student loans. She 
indicated 

*	this SLRP incentive may not be combined with another loan repayment program
*	she had not previously received any payment under a loan repayment program 
or SLRP as an enlistment/reenlistment/extension option in the Selected Reserve 
*	she has 9 disbursed loans ($40,012); the total amount of qualifying loans cannot 
exceed $50,000 

   e.  On 24 February 2021, she entered active duty and completed Officer Candidate 
School. She was honorably released from active duty on 27 May 2021. 

	f.  She executed an oath of office in the KYARNG on 28 May 2021 and was 
appointed as a Reserve commissioned officer of the KYARNG. 

	g.  She entered active duty on 24 January 2022 and completed the Transportation 
Basic Officer Leader Course (88A). She was honorably released from active duty on 12 
May 2022. 

3.  The National Guard Bureau (NGB) rendered an advisory opinion on 13 June 2022 in 
the processing of this case. An NGB official recommended approval for the applicant to 
have an exemption in order to use her incentive offered in her current contract with the 
KYARNG. The NGB official stated: 

	a.  Soldier reports she previously had a Student Loan Repayment Program (SLRP) 
contract with the US Army Reserves (USAR), but received no payment under that 
contract, however. She explains that her new SLRP contract with the Army National 
Guard (ARNG) authorizes her to use this incentive as long as she did not receive any 
payment under her previous contract. Soldier states that while attempting to use her 
SLRP benefit, she was advised that because she previously had a SLRP contract with 
the USAR, it disqualifies her from a new SLRP contract as only one contract is 
authorized in one抯 military career. As a result, Soldier requests an exemption to use 
her benefits which she is entitled to as per her new SLRP addendum.

	b.  Soldier joined the KYARNG on 14 July 2020 as a 09S, Commissioned Officer 
Candidate and signed a SLRP addendum with a total amount of repayment of qualifying 
loan not exceeding $50,000. Upon completion of Officer Candidate School (OCS) and 
commission, she became eligible to receive her SLRP incentive. However, due to 
previously signing an SLRP addendum while in the USAR, Soldier was made ineligible 
to use her entitlement. Subsequently, Soldier was advised by her then State Incentives 
Manager to submit an ABCMR application to seek relief in this matter.

	c.  Continued receipt of the SLRP incentive upon transfer from the USAR to the 
ARNG are covered in Army Regulations (AR) 621-202 and 601-210.

		(1)  Pursuant to Army Regulation (AR) 621-202, para 6-2b(3), A Soldier is 
authorized to continue receipt of the SLRP incentive upon transfer between the RC of 
the Army (ARNG and USAR.) This does not constitute a Soldier's receipt of any 
additional benefits. The incentive is only authorized one time and only for the amount of 
the initial agreement. The amount a Soldier receives from one RC, or under one 
enlistment, will be subtracted from the maximum amount authorized. The remaining 
balance will be the amount authorized to be received from the gaining RC or new 
enlistment.

		(2)  In accordance with (IAW) AR 601-210, para 10-5b(3), If the Soldier is 
authorized to continue under the SLRP, a new NGB Form 600𤪛朢朎 (Bonus 
Addendums (Annex L to DD Form 4 ARNG)) must be prepared; however, this act does 
not create a new entitlement, but continues the Soldier in the existing entitlement 
amount as listed on the original USAR contract. The new SLRP addendum will be 
prepared in the gaining unit and witnessed by the unit抯 designated Service 
representative.

	d.  Upon reenlistment with the ARNG, a new SLRP addendum was completed, as 
outlined in AR 601-210, para 10-5b(3), in order to ensure continued receipt by the 
Soldier of her incentive. As stated in the reference above, this does not constitute a 
receipt of additional benefits by the Soldier.

	e.  Both SLRP addendums signed by the Soldier pertain to the same incentive. 
Because she was unable to use her entitlement during her USAR enlistment, a new 
addendum was created to ensure continued receipt. Soldier went on to complete OCS 
and commissioned as required for incentive eligibility. It is this office抯 opinion that 
Soldier should be allowed to use her SLRP incentive. Therefore, this office recommends 
that the Board approves Soldier抯 request for an exemption to use her incentive.

	f.  This opinion was coordinated with the KYARNG. The ARNG Incentives Branch 
did not provide an input on this matter.

4.  The applicant was provided with a copy of this advisory opinion to give her an 
opportunity to submit additional comments/rebuttal. She did not respond. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant抯 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that the applicant joined the KYARNG on 14 July 2020 as a 09S, 
Commissioned Officer Candidate and signed a SLRP addendum with a total amount of 
repayment of qualifying loan not exceeding $50,000. Upon completion of OCS and 
commission, she became eligible to receive her SLRP incentive. However, due to 
previously signing an SLRP addendum while in the USAR, she was made ineligible to 
use her entitlement. The Board reviewed and agreed with the advisory opinion that a 
Soldier is authorized to continue receipt of the SLRP incentive upon transfer between 
the RC of the Army (ARNG and USAR.) This does not constitute a Soldier's receipt of 
any additional benefits. The incentive is only authorized one time and only for the 
amount of the initial agreement. The amount a Soldier receives from one RC, or under 
one enlistment, will be subtracted from the maximum amount authorized. The remaining 
balance will be the amount authorized to be received from the gaining RC or new 
enlistment. The Board agreed that since she did not receive any benefits from her first 
incentive, an injustice occurred. The Board voted to grant relief. 

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 applicant submitted an exception to policy request for payment of 
the SLRP incentive she signed on 14 July 2020
*	showing the National Guard Bureau received, processed, and approved her 
exception to policy 
*	paying her authorized annual SLRP payment in accordance with the terms of her 
SLRP Addendum as a result of this correction 

		  
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.  Army Regulation 621-202 (Army Educational Incentives and Entitlements) prescribes 
Army-unique policies, responsibilities, and procedures for the administration of 
Veterans' education programs and education incentives authorized by law, and provides 
information on Title 38, United States Code, Chapter 30 (38 USC Chapter 30), 38 USC 
Chapter 32, 38 USC Chapter 33, 10 USC Chapter 1606, and 10 USC Chapter 1607. 
Paragraph 6-2b(3), A Soldier is authorized to continue receipt of the SLRP incentive 
upon transfer between the Reserve Component (RC) of the Army (ARNG and USAR.) 
This does not constitute a Soldier's receipt of any additional benefits. The incentive is 
only authorized one time and only for the amount of the initial agreement. The amount a 
Soldier receives from one RC, or under one enlistment, will be subtracted from the 
maximum amount authorized. The remaining balance will be the amount authorized to 
be received from the gaining RC or new enlistment.

2.  Army Regulation AR 601-210 (Regular Army and Reserve Enlistment Program) 
prescribes eligibility criteria governing the enlistment of persons, with or without prior 
service (PS), into the Regular Army (RA), the U.S. Army Reserve (USAR), and the 
Army National Guard (ARNG). Paragraph 10-5b(3), If the Soldier is authorized to 
continue under the SLRP, a new NGB Form 600𤪛朢朎 (Bonus Addendums (Annex 
L to DD Form 4 ARNG)) must be prepared; however, this act does not create a new 
entitlement, but continues the Soldier in the existing entitlement amount as listed on the 
original USAR contract. The new SLRP addendum will be prepared in the gaining unit 
and witnessed by the unit抯 designated Service representative. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20220000389


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1