IN THE CASE OF: BOARD DATE: 23 October 2020 DOCKET NUMBER: AR20200002137 APPLICANT REQUESTS: entitlement to his Student Loan Repayment Program (SLRP) incentives APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter * Selective Reserve Incentive Program dated March * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 9 October * Order# dated July * Order# dated March 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 Board 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 that he has attempted to obtain loan repayment under the SLRP since 2009. He was recently notified that he was ineligible to receive this incentive due to having 9 or more unexcused absences from Battle Assemblies (BA) between March 2009 and February 2010. He contests that this is a mistake, and he was never advised of such a stipulation. This is the first time that he was made aware of such a requirement. Further, he does not recall missing any BA’s and if he did miss one, he made the time up during the week. He serves as a 92G and was required to be at the BA prior to anyone else in order to prefer breakfast. He believes that this error was made in result to the change of command. In his self-authored letter, the applicant states: a. He served within the United States Army Reserve (USAR) from 2008 – 2016. He was later informed that during the period of March 2009 and February 2010 he had accumulated 9 or more U’s (Unexcused Absences). Although this appears unbelievable, he has dealt with dozens of Human Resources personnel within his unit both telephonically and in person. He has also faxed documentation associated with his student loan balances to a variety of individuals within the Army Call Center. It wasn't until recently that he obtained a response due to an error in 2009-2010. He was never advised as to how many unexcused absences he has nor when they occurred; however, he believes that these were in conjunction with a change of command or unit relocation. b. These may sound like excuses however when he first started attending BA’s his unit was located adjacent to an Army National Guard facility while his unit's new facility was being constructed. During the construction of their new facility there was a change of command involving a significant amount of preparation time transferring equipment from one building to the other. This transition may have accounted for why he was being marked as absent since he spent a lot of time getting the food storage and kitchen areas established. c. Another possible issue that may have caused the alleged error is that the senior administrative person in charge of maintaining accountability of the food service personnel was arrested for reasons undisclosed to others. At this time all of his personal computers were confiscated and not returned. Perhaps some of his records were lost as a result. d. He has always attended his BA’s and is currently not making excuses as he enjoyed his service. He was fortunate to be assigned to a unit that exercised his trade. Cooking has been a passion of his as he prepared meals for friends in the unit as well. Fortunate for him, his civilian employer also paid him over the weekends when he was required to attend BA. In order to receive payment for these periods, he was required to submit signed documentation from his military leadership verifying his attendance. He has made several attempts to contact his unit but all of the numbers either bad or no one answers. e. In summation he adds that the $20,000 would be life changing as this would significantly reduce the amount of money owed on his student loans. This incentive served as his reason for enlisting. He is upset to find out 3 years after completing his service obligation that his entitlement to the SLRP incentive was being disapproved due to a perceived technicality. 2. A review of the applicant’s available service records reflects the following: a. On 10 March 2008 he enlisted in the USAR for 8 years with entitlement to loan repayment under the SLRP and a Non-Prior Service Enlistment Bonus at a maximum amount of $20,000. Section 7 (Termination) of his SLRP contract provides that entitlements under the SLRP would be terminated if he became an unsatisfactory participant, or if he was separated from his USAR status for any reason, except for an authorized period of non-availability. As a requirement of his contract he was required to attend all scheduled unit training assemblies (at least 48 per year) unless excused by proper authority. Entitlements to any incentives may be terminated if he accrued 9 or more unexcused absences during any continuous 365 day period. b. On 21 July 2014 (Order) having completed his USAR obligation, he was reassigned into the Individual Ready Reserve (IRR) effective 21 August. c. On 15 March 2016 e was discharged from the IRR. d. His current Chronological Points Statement reflects 5 years of creditable service towards a Reserve retirement. During the period of 11 March 2010 through 10 March 2011 he obtained 37 retirement points. From 11 March 2014 through 10 March 2015 he obtained 30 points. All other periods of service within the USAR he obtained 50 points or more. With regards to annual training, this statement is void of evidence reflective of participation in an annual training during retirement year ending (RYE) in 2011, 2012, 2014 and 2015. 3. The applicant provides the following: a. Selective Reserve Incentive Program dated 10 March 2008 – see item 2a. above. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 9 October 2008 reflective of his initial service on active duty in order to complete both Basic Combat Training (BCT) and Advanced Individual Training (AIT). c. Order dated July - see item 2b. above. d. Order dated March– see item 2c. above. 4. The applicant did not provide nor does a review of his available personnel records reflect evidence of a prior submission of a DD Form 2475 (DOD Educational Loan Repayment Program Annual Application) nor communication with the USAR concerning entitlement to the SLRP. 5. The United States Army Reserve Command (USARC) Director, Services and Support Division provided an advisory opinion recommending disapproval of the applicant’s request citing that review of his personnel records determined that he received his ninth “U” within a 12 month period between 30 September 2009 – 28 February 2010. He then officially received 10 “U’s” during this period but received an excused absence on 19 March 2010, which brought him down to 9 “U’s.” In accordance with Army regulation, this terminated his SLRP incentive. 6. On 15 October 2020 the applicant was provided with a copy of the advisory opinion and afforded 30 days to respond. As of 16 November 2020 the applicant had not responded. 7. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant's nine unexcused absences within a 12-month period terminated his eligibility for the SLRP. The Board found insufficient evidence corroborating the applicant's account of events. The Board determined termination of the applicant's SLRP eligibility was no in error or unjust. 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. Army Regulation 601-210 (Active and Reserve Component Enlistment Programs) provides guidance concerning suspension, reinstatement, termination and recoupment of incentives wherein it states that entitlement to an incentive will be terminated when any of the following termination reasons apply before the fulfillment of the service described in the member’s written agreement. That member will not be eligible to receive any further incentive payments, except for service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve his or her current statutory or contractual service commitment. Termination of eligibility to an incentive will occur if a Soldier: a. Becomes an unsatisfactory participant per AR 135–91. The effective date for termination entered into the personnel data reporting systems for Soldiers declared unsatisfactory participants is the date of the first unexcused absence or separates from a Selected Reserve unit or the IRR of the USAR or ARNG for any reason. Separation includes, Soldiers that are discharged or transferred to the IRR, ING, Standby, or Retired Reserve. b. Fails to participate satisfactorily in required training during the entire period of service agreed to in accordance with the written agreement, unless the failure to participate satisfactorily was due to reasons beyond the control of the member (that is, death, injury, illness, or other impairments). 2. AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement) provides that Soldiers will be charged with unsatisfactory participation when without proper authority they accrue in any one-year period a total of 9 or more unexcused absences from scheduled inactive duty training (IDT)s or fail to attend or complete Annual Training. A soldier is an unsatisfactory participant when 9 or more unexcused absences from scheduled inactive duty training (IDT)s occur during a 1-year period. The 1-year period will begin on the date of the absence. It will end 1 year later. Beginning dates will be set for each succeeding unexcused absence. When longer than 1-year elapses from the date of an absence, it no longer will be counted. The new 1- year period will begin on the date of the later absence, if any. Enlisted Soldiers will be processed for reassignment or separation as soon as possible after determination is made that the Soldier is an unsatisfactory participant. a. Notice of unexcused absences - A prescribed letter of instructions-unexcused absence will be delivered to the Soldier. Delivery will be either in person or by certified mail, restricted delivery, return receipt requested, as provided. The notice will be mailed during or immediately following the unit training assembly (UTA) or multiple unit training assemblies (MUTA) from which absent. b. Whether notices are delivered in person or sent by certified mail, a copy of each notice and the following, as appropriate, will be placed in the Soldier's MPRJ. 3. AR 135-7 (Incentive Programs) provides that to be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily. A person must serve in the Selected Reserve for the full term of the contractual agreement per paragraph. He or she 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. Termination of SLRP entitlements will occur if a Soldier becomes an unsatisfactory participant. For Selected Reserve personnel the termination date entered into personnel data reporting systems must be the date the Soldier attained his or her 9th unexcused absence or the date the Soldier is determined to be an unsatisfactory participant for failing to attend or complete the entire period of annual training. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002137 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1