AR20130017934

IN THE CASE OF:

BOARD DATE: 13 March 2014

DOCKET NUMBER: AR20130017934

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests reinstatement of the student loan repayment plan (SLRP).

2. The applicant states he was discharged from the Army National Guard (ARNG) on 31 April 2013 to accept a commission in the U.S. Army Reserve (USAR). A representative at the SLRP office told him the payment would not be made. He believes the contract provides that transfer from ARNG to the USAR is not a terminating factor. He consulted a Judge Advocate General’s Corps (JAG) officer who told him his contract should be honored. He believes his contract should take precedence over Army regulations. After looking at the regulations, he is unclear as to why the contract is not being honored.

3. The applicant provides copies of his NGB Form 22 (National Guard Report of Separation and Record of Service) and NGB Form 600-7-5-R-E Annex L to
DD Form 4 (Student Loan Repayment Program (SLRP) Addendum.

CONSIDERATION OF EVIDENCE:

1. On 14 October 2010, the applicant enlisted as a commissioned officer candidate in the Oregon (OR) ARNG for a period of 6 years. The Montgomery GI Bill is the only listed addendum to his enlistment document. On 7 December 2010, he extended his enlistment by 1 month.

2. On 13 December 2010, the applicant executed an NGB Form 600-7-5-R-E (SLRP Addendum). The SLRP Addendum in:

a. Section III (Acknowledgement) provides separate portions for “Non-prior Service/Prior Service O9S (Officer Candidate) applicants.” The applicant completed the line reading “(PS) I am enlisting in the ARNG for a minimum six year obligation for SLRP incentive…”

b. The portion, “Prior Service or Current ARNG service members” was blank.

c. Section V (Termination) item 10, “SLRP incentive will be terminated one day prior to the effective start date of AGR orders.”

3. The applicant and a service representative signed the document. However, there is no witnessing officer’s signature and no bonus control number.

4. The applicant served on initial active duty for training commencing in January 2011 and was commissioned on 16 December 2011.

5. Joint Force Headquarters Oregon National Guard Orders 127-008, dated 7May 2013, released the applicant from the ARNG and assigned him to the USAR Control Group (Annual Training).

6. U.S. Army Human Resources Command (HRC), Orders C-06-308396, dated 5 June 2013, transferred the applicant to the USAR, 11th Military Police Brigade in Los Alamitos, California, effective 17 May 2013.

7. 99th Regional Support Command Order Number 006411, dated 14November 2013, ordered the applicant to active duty Operational Support-Reserve Component for 179 days commencing 15 November 2013.

8. The HRC’s Integrated Web System (IWS) shows the applicant called on
10 July and 5 September 2013 to inquire about the SLRP. It also shows that he called on 4 and 6 September 2013 about his Active Guard Reserve (AGR) application.

9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) states in paragraph 2-9 that the ABCMR begins consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s SLRP addendum was incomplete in that it was not witnessed and did not contain a bonus control number. It is also wrong and misleading in that he was not enlisting on 13 December 2010; he had in fact enlisted on 14 October 2010. The SLRP addendum was signed 2 months after the fact.

2. The ABCMR begins consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence

3. The applicant has provided neither probative evidence nor a convincing argument in support of his request

BOARD VOTE:

________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

_____________x____________
CHAIRPERSON

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.

ABCMR Record of Proceedings (cont) AR20130017934

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ABCMR Record of Proceedings (cont) AR20130017934

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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