IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20140016646 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 he was authorized the Student Loan Repayment Program (SLRP) incentive upon his commissioning in 2011. 2. The applicant states before he commissioned into the Army, he was a cadet in the Reserve Officers' Training Corps (ROTC) program at the University of Guam (UOG). Before commissioning he was applying for the SLRP. At the time, he understood that when he returned from the Leader Development and Assessment Course (LDAC) and commissioning at Joint Base Lewis McCord, he could submit his packet requesting SLRP. When his packet was submitted by his personnel office at UOG it was then returned by the U.S. Army Cadet Command (USACC) due to lateness. He later submitted the packet again with a letter of lateness as directed by USACC and again it was kicked back. He was under the understanding that upon completing LDAC and returning to UOG, he could apply for active duty programs. When his packet was submitted, he thought there would not have been any issues with it being submitted after he commissioned seeing how he did not receive any orders accessing him into active duty until October 2011. He has been trying to fight this through the U.S. Army Human Resources Command (HRC) and USACC and still has no resolution. He has filed a complaint with the Inspector General and has ended up here over 3 years later. He hopes to have some resolution to this issue. 3. The applicant provides: * USACC Staff Summary * USACC Action Request * Statement from his Professor of Military Science (PMS) * Statement from his former PMS * SLRP Addendum to Army Senior ROTC Cadet Contract * Email exchange * Active duty orders CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Guam Army National Guard (GUARNG) for 8 years on 3 March 2010. He enlisted for assignment to the 1st Battalion, 294th Infantry, GUARNG, under the 6x2 enlistment option. 3. In connection with this enlistment, he signed a Guard Annex (Enlistment/Reenlistment Agreement, ARNG) indicating he was assured of attending school for 09R, Simultaneous Membership Program (SMP). 4. He was honorably discharged from the GUARNG on 4 October 2011. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he completed 1 year and 28 days of ARNG service. 5. Prior to his discharge, he executed an oath of office as a Reserve commissioned officer of the Army on 11 July 2011. 6. On 17 October 2011, HRC published Orders 290-260-A-6798 ordering him to active duty for a 3-year commitment, effective 6 November 2011. He was ordered to attend the Basic Officer Leader Course (BOLC) and then proceed to 2rd Brigade, 1st cavalry Division, Fort Hood, TX. 7. He attended the Transportation BOLC from 7 November 2011 to 13 March 2012 at Fort Lee, VA. Following schooling, he was assigned to the Forward Support Company, 3rd Battalion, 8th Cavalry Regiment, on or about 18 June 2012. 8. He has since served in a variety of stateside or overseas assignments and he was promoted to captain in November 2015. 9. He provides an SLRP Addendum that shows: a. On the front page, it was signed by the student on 3 October 2011 and a witness (with the name Monica P----), also on 3 October 2011. However, the back page shows the applicant signed this form on 26 August 2011 and the PMS also signed it on 26 August 2011. b. He agreed that he accepted the SLRP and that an additional active duty service obligation (ADSO) would be incurred with the repayment of any qualifying loans. Up to $25,000 would incur a 1-year ADSO; $25,001 to $45,000 would incur a 2-year ADSO; and $450001 to $65,000 would incur a 3-year ADSO. This ADSO was to be consecutive to any other ADSO as outlined in his ROTC agreement. If he failed to fulfil his ADSO and any other military service obligation, he would be required to repay any paid amounts. c. He elected to participate in the SLRP and noted that that he had an eligible loan in the amount of $42,000. 10. He also provides two statements as follows: a. A statement, dated 22 August 2012, from his PMS at UOG addressed to USACC. The PMS requested consideration of the DOD LRP Annual Application for the applicant. He was an end-of-camp commissionee on 11July 2011. The UOG Human Resources technician, Ms. Monica P---- was tasked to perform duties at Joint Base Lewis-McChord from 6 June to 3 August 2011. Upon her return, she was authorized leave up to 19 August 2011. Prior to her departure to LDAC 2011, she held an orientation providing all MS IV students various information that would assist lieutenants on their first permanent change of station move. Part of this presentation was how to apply for the SLRP incentive. The applicant did not show any interest in that. He returned to Guam with the thinking that upon end of camp commissioning he could still apply for this incentive after LDAC graduation. Upon Ms. P----'s return, she made contact with him to complete the paperwork and submit it before 1 October 2011. He did not do so until 3 October 2011. In any case, Ms. P---- submitted his packet to USACC in the event USACC decided to accept it. Due to his initial lack of interest, it was determined that a letter of lateness would not be submitted when his SLRP packet was initially kicked back. On 15 August 2012, the applicant pleaded for reconsideration with a letter of lateness submission, as that was required for further processing. He accepts full responsibility for the lateness and not paying special attention to the deadline. b. A letter, dated 19 March 2013, from his former PMS addressed to HRC, the PMS provided essentially the same information he provided to USACC. He also stated he (the author) had seen similar SLRP packets that were submitted late and eventually approved. DISCUSSION AND CONCLUSIONS: 1. The applicant was told to submit his SLRP packet by 1 October 2011. He did not do so until 3 October 2011. This error prevented him from taking advantage of the SLRP incentive, yet he accepted the call to active duty, has since performed/served more than 3 years of active duty, and he continues to serve our Nation. Had he submitted his packet 2 days earlier, it is very likely his packet would have been approved. 2. Correcting his records to show he signed the SLRP Addendum on 1 October 2011 is in line with equity and good conscience. BOARD VOTE: ____x___ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he and a witness signed the SLRP Addendum on 1 October 2011 vice 3 October 2011 * showing USACC timely received, accepted, processed, and approved his 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) AR20140016646 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140016646 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1