AR20160000218

IN THE CASE OF:

BOARD DATE: 3 March 2016

DOCKET NUMBER: AR20160000218

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 correction of his records to show his entitlement to the Student Loan Repayment Plan (SLRP) in the amount of $50,000.

2. The applicant states he reenlisted for the SLRP but it was denied after the fact due to something not being submitted during the government shutdown in 2013. Through no fault of his own, the required paperwork was not received before his 90day reenlistment window expired.

3. The applicant provides DAForm4836 (Oath of Extension of Enlistment or Reenlistment) and four memoranda, dated between 24October 2013 and 28August 2014.

CONSIDERATION OF EVIDENCE:

1. Having had prior active and Reserve service, the applicant enlisted in the Illinois Army National Guard (ILARNG) on 10January 2012 for a period of 2years in military occupational specialty (MOS) 11B (Infantryman) and the rank/grade of staff sergeant (SSG)/E-6. His expiration of term of service (ETS) was 9January 2014. He was assigned to CCompany, 2ndBattalion, 130thInfantry Regiment, Litchfield, IL.

2. On 30September 2013, he executed a DAForm4836 wherein it shows he was extending his enlistment in the ILARNG for a period of 6years. His new ETS was 9January 2020. Item8 (Authority and Reason for This Extension) shows he was extending under Table 1, RuleB, and National Guard Bureau(NGB) ARH Policy 09-026 (Annex A: Interim Policy for Extension, Immediate Reenlistment, and Bar to Reenlistment/Immediate Reenlistment/Extension), effective 13 August 2009.

3. His record is void of an addendum that shows he extended his enlistment for the SLRP incentive on 30September 2013.

4. The applicant provides a self-authored memorandum to the NGB, dated 24October 2013, wherein he stated:

a. He was requesting an exception to policy (ETP) for Bonus Control Number (BCN)S1309090188IL. He extended on 30September 2013 for 6years and for the SLRP. He worked with his Unit Readiness Noncommissioned Officer (NCO) and brought in his student loan information which was entered in the Guard Incentive Management System (GIMS).

b. On 23October 2013, Sergeant First Class (SFC)G saw he had a rejected batch in the interactive Personnel Electronic Records Management System (iPERMS) due to a missing bonus addendum. SFCG contacted SFCH and found the SLRP Addendum could not be printed due to being within the 90day window of his ETS. He requested he be allowed to print the bonus addendum and continue the contract.

5. In a memorandum to the NGB, dated 6November 2013, the ILARNG G1, stated:

a. IL requests an ETP for the applicant to retain the SLRP. The applicant reenlisted/extended on 30September 2013 for the SLRP. The control number was requested in GIMS but the unit failed to push the request forward to the State Student Loan Manager.

b. The applicant was now in the 90day window from his ETS and the addendum could not be printed or the BCN pushed for approval. The applicant meets all eligibility for the SLRP and requests an ETP for the BCN approval and the contract be printed.

6. In a memorandum to the ILARNG State Incentive Manager (IM), the NGB Deputy G1 stated, in part:

a. Reference: The ARNG Selected Reserve Incentive Program (SRIP) for Fiscal Year 2013 (FY13) Policy Number 13-01, effective 1January 2013. The ETP to retain the $50,000 SLRP was denied. The State IM would invalidate the incentive and no payments have been processed.

b. The applicants incentive addendum could not be found which violated the ARNG SRIP 13-01. The applicants date of agreement was 30September 2013, contracted loan addendum was $50,000, contracted MOS was 11B, and his current MOS was 11B.

c. In accordance with the GIMS, the incentive must be requested 3days prior to executing the extension agreement in order to validate eligibility of loans associated with the program. Due to the fact that necessary actions were not complied with by the ARNG representative, the addendum was never completed. Although the applicant may have been eligible to extend for the incentive and has eligible loans, the absence of the incentive addendum substantiates the fact that he did not enter into an agreement for the SLRP; therefore, the request could not be granted.

d. The applicant may file a claim with the Army Board of Correction of Military Records (ABCMR).

7. ARNG Table 1, Rule B, of NGB-ARH Policy Memorandum Number 09-026 applies to Soldiers eligible for a retention or other bonus per current bonus policies and states Soldiers eligible for a retention bonus or other monetary incentive may reenlist only for the period authorized for bonuses per current bonus policies.

8. The SLRP provides for the repayment by the government of a designated portion of any outstanding student loan(s) secured after 1October 1975. The loan amount to be repaid is 15percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater. Payments will be made for each year of satisfactory service in the Selected Reserve.

9. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the government. Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan that is at least 1year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends he should be entitled to the SLRP in the amount of $50,000.

2. The evidence of record confirms the applicant extended his enlistment in the ILARNG on 30September 2013 for a period of 6years for the SLRP in the amount of $50,000. However, as confirmed by the NGB official, the unit representative did not perform the necessary actions and the addendum was never completed.

3. The applicant should not be penalized for errors that occurred through no fault of his own. He acted in good faith, fulfilled his contractual obligations, and he continues to serve in the ARNG. As a matter of equity, his records should be corrected by showing he executed a properly-constituted SLRP Addendum for an amount up to $50,000 on 30September 2013. As a result of this correction, any portion of this incentive he has earned since 30 September 2013 should be paid in accordance with the terms of the SLRP Addendum.

BOARD VOTE:

____x___ ____x___ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by showing the applicant executed a properly-constituted SLRP Addendum for an amount up to $50,000 on 30September 2013. As a result of this correction, any portion of this incentive he has earned since 30 September 2013 should be paid in accordance with the terms of the SLRP Addendum.

_______ _ __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) AR20160000218

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ABCMR Record of Proceedings (cont) AR20160000218

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