IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150002090 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150002090 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 the applicant executed a Student Loan Repayment Program Addendum at the time of his enlistment in May 2005 * having the U.S. Army Reserve request an SLRP Control Number effective 16 May 2005 and upload all pertinent existing documents (contract and amendment) into that control number * paying the lender or institution from the eligible start date of 16 May 2005, up to $20,000 for any good years he served thereafter within the confines of his contract _____________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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150002090 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 retroactive reconstruction of a DA Form 5261-4-R (Student Loan Repayment Program (SLRP) Addendum) which would make him eligible for the SLRP incentive in the U.S. Army Reserve (USAR). 2. The applicant states he did not receive a DA Form 5261-4-R in his enlistment contract paperwork. This form is required for the SLRP incentive. He has the $20,000 incentive in his contract. He would like the DA Form 5261-4-R generated so he can submit it to SLRP to have the amount he is owed on his student loans. He has several copies of his entire contract ranging from his initial contract from the Military Entrance processing Station (MEPS) to a copy printed from his IPERMS close to his separation date. None of the copies or records contain the DA Form 5261-4-R in them. However, it is documented in various other places. After several years attempting to solve this problem, he has completed a Congressional inquiry resulting in a memo on his behalf from the Chief, Incentives and Budget Branch, Army G-1 stating he has provided accurate documentation that this was in his contract. 3. The applicant provides: * Army G-1 memorandum * DD Form 4 (Enlistment/Reenlistment Document) * Reserve Annex (Certificate of Acknowledgement - USAR - Service Requirements and Method of Fulfillment) * Selected Reserve Incentive Program - Enlistment Bonus Addendum 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 USAR for 8 years on 16 May 2005. He enlisted for training in military occupational specialty (MOS) 88M (Motor Transport Operator) and assignment to the 400th Quartermaster Company. He agreed to serve for 6 years in a troop program unit (TPU) of the USAR. His DD Form 1966/1 (Record of Military Processing) shows he enlisted for the following incentives: * MGI Bill Kicker * Non-Prior Service Enlistment Bonus (NPSEB) - $7,000 * NPSEB-SHIP Bonus - $3,000 * SLRP - $20,000 3. In connection with his enlistment, he completed a Reserve Annex that states on page 3, "The following programs and/or incentives are my authorized entitlements" and on page 8 "the following addendums have been attached and are part of enlistment agreement:" * MGIB Kicker - $350 * NPSEB Bonus - $7,000 * NPSEB Ship Bonus - $3,000 * SLRP - $20,000 4. His enlistment contract contains an Enlistment Bonus Addendum but not an SLRP Addendum. 5. He entered active duty for training (ADT) on 19 May 2005 and successfully completed training for award of MOS 88M. He was honorably released from ADT on 23 November 2005. 6. On 10 July 2006, Headquarters, 81st Regional Readiness Command published Orders 06-191-00098 reassigning him from the 400th Quartermaster Company to the 3rd Battalion, 397th Cavalry effective 10 July 2006. The reassignment is listed as "due to reorganization or inactivation at the needs of the Army." 7. He attended and completed MOS 19D (Cavalry Scout) Phase I from 4 February to 8 February 2008. However, he was promoted to sergeant/E-5 in MOS 88M as his primary MOS, on 15 August 2008. 8. He served with the 397th Cavalry, 95th Division, a TPU of the USAR, from August 2005 to September 2011, in MOS 19D, as a cavalry track commander or in MOS 42A (Human Resources Specialist). 9. He was honorably separated from his current assignment with the 3rd Battalion, 397th Cavalry on 15 September 2011 and he was transferred to the USAR Control Group (Annual Training). His DA Form 5016 (Chronological Statement of Retirement Points) shows he completed 6 qualifying years of service. 10. He provides a memorandum, dated 24 July 2014, from the Chief, Incentives and Budget Branch, Enlisted Accession Division, Army G-1 that reads the applicant is approved for the loan repayment option. He originally enlisted in the USAR on 16 May 2005 for 6 years in MOS 88M. His enlistment contract shows the following incentives: NPSEB, $7,000; NPS MGI, $350; NPS Ship Bonus, $3,000; and SLRP, $20,000. The options are shown on the DD Form 1966 and on page 3 of his Reserve Annex. The DA Form 5261-4-R (SLRP Addendum) is missing from his file, although ample proof of incentive is available. REFERENCES: 1. Department of Defense Instruction 1205-21, dated 20 September 1999, reissues DOD Directive 1205.21 (Reserve Component Incentive Programs Procedures), dated 1 March 1996 (hereby cancelled) to update policy, assign responsibilities, and prescribe procedures under DOD Directive 1205.20 (Reserve Components Incentive Programs), dated 8 January 1996, for management of the Reserve Components incentive programs. Section 6.2 (Written Agreements): As a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. Services shall use the model written agreements set out in this Instruction (at enclosures 3 through 13). However, Service-specific agreements may be used, if they include all elements of the model agreements. 2. Army Regulation 135-7 (Incentives program), currently in effect, prescribes policies and procedures for the administration of the Army National Guard and USAR incentive programs. These programs include the Selected Reserve Incentive Programs (SRIP) which offers bonuses, educational assistance, and repayment of student loans. Chapter 5 covers the SRIP. a. Paragraph 5-1 states the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975. 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. 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. b. Paragraph 5-1(6) (Termination): Entitlement to the SLRP will stop if the Soldier accepts a permanent civilian position where membership in the Reserve is a condition of employment. c. Paragraph 5-1(10) (Longevity) states effective 1 January 1992, once a Soldier has enlisted, reenlisted, immediately reenlisted, or extended and executed a DA Form 5261–4–R to participate in the SLRP, the provisions of the DA Form 5261–4–R will remain in force until the earlier occurrence of one of the following: participation in the SLRP is terminated; the maximum SLRP benefit, as appropriate, has been paid; or the Soldier transfers between the Reserve Components of the Army (ARNG and USAR). DISCUSSION: 1. The applicant enlisted in the USAR for 8 years on 16 May 2005. He agreed to serve for 6 years in TPU and 2 years in another component of the USAR. He agreed to train for MOS 88M and serve with the 400th Quartermaster Company. In exchange, the Army, via the recruiter, promised him several incentives, including the SLRP. Unfortunately and or unknown reasons, the recruiting official did not initiate and submit an SLRP Addendum. 2. Nevertheless, the applicant enlisted in good faith, served in good faith, and completed the term of his enlistment, albeit in a different MOS, due to no fault of his own. He should not be penalized for errors committed by recruiting officials. He is fully eligible for the SLRP incentive and his incentive was further confirmed by the Army G-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150002090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150002090 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2