BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005396 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 the Louisiana Army National Guard (LAARNG) pay him the full Student Loan Repayment Program (SLRP) incentive. 2. The applicant states the Board granted him full relief in Army Board for Correction of Military Records (ABCMR) Docket Number AR 20120006773, on 24 October 2012. The LAARNG had at that time over a year to grant him "Full Relief" and pay off his loans. They have paid his loans well after he was separated but now have stopped paying the loans citing a clause in the contract. The spirit of the contract has long been null and void. He performed his obligations and the LAARNG has not and continues to be non-compliant. He has written to multiple officials at the State and Federal level and he is almost ready to sue. He has contacted all congressmen, senators, and the governor's office. He will wait for replies and try to use the chain of command all the way to the President's desk. After that, he will lawyer up, sue, and go public. He is really tired of trying to get the ARNG to do the right thing. He was promised the $20,000 SLRP incentive. He did not receive the full amount. There is an outstanding balance of $9,271.38 left unpaid. He wants the LAARNG to pay the full amount. 3. The applicant provides: * email exchange * letter to the Governor * ACS Loan Statements * Chase Lona Statement CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006773, on 24 October 2012. 2. The applicant argues that the LAARNG did not comply with the Board's recommendation to grant him relief. This is considered new evidence and although it is received over 1 year from the Board's decision, it warrants consideration by the Board. 3. Having had prior service in the U.S. Coast Guard Reserve and the LAARNG (30 March 2001 to 12 June 2006), the applicant enlisted in the LAARNG for a period of 6 years on 17 December 2007. In connection with this enlistment, he completed Annex L related to the SLRP. Annex L shows in: a. Section II (Eligibility), paragraph 2e, the entry "I have 5 loans existing in the amount of $15,120.80. The total amount of repayment for qualifying loan(s) will not exceed $20,000.00." b. Section III (1) (Entitlement and Payment), the entry "The Government will repay a designated portion of any outstanding loans that I have secured since 1 October 1975. The portion that may be repaid annually on any qualifying loan will not exceed 15-percent (%) (not to exceed $3,000 per year) of the total of all loan principal or $500.00, whichever is greater. c. Section III (2), the entry, "All loans must be one year old or older on the date of anniversary eligibility date to qualify for repayment. All loans that are not at least one year old will not be paid for that anniversary year nor will retroactive payment will be made. Loans that fall into default at any time after my enlistment, reenlistment, or extension will not be eligible for repayment." d. Section III (3), the entry, "The portion that may be repaid annually on any qualifying loan(s) will not exceed 15 percent (not to exceed $3,000 per year) of the total of all loans or $500, whichever is greater. Payment will be processed on the anniversary date of my enlistment for each satisfactory year of service." e. Section VII (Authentication) shows the applicant and a service representative authenticated the form by placing their signatures in the appropriate blocks. The form is dated 18 December 2007 and a SLRP Control Number is present on the form. 4. On 3 March 2010, the National Guard Bureau (NGB) denied his exception to policy request. An NGB official stated: a. The applicant enlisted in the LAARNG for 6 years with prior military service on 17 December 2007 into military occupational specialty (MOS) 21J (which converted to MOS 21E on 1 October 2008, and later converted to MOS 12N on 1 October 2010), for which he was previously MOS qualified. He executed an SLRP addendum on 18 December 2007, a day after his enlistment into the LAARNG. He had to have a minimum of 6 years on the date he executed the SLRP addendum per Section 1, paragraph 2 of the addendum. On 18 December 2007, he had less than 6 years remaining to serve in the LAARNG. Therefore, an SLRP manual control number (MCN) was not requested. b. Upon review of all the substantiating documentation, it was determined the SLRP addendum executed by the applicant on 18 December 2007 was invalid, and he was ineligible for a SLRP MCN. However, he could extend his enlistment for 6 years at any time for the SLRP incentive. 5. The applicant provided memoranda from his unit readiness noncommissioned officer and J1 who attest to the failings of administrative personnel to handle the applicant’s SLRP contract and MCN in a timely manner. 6. He was honorably separated from the LAARNG on 16 December 2013 by reason of completion of his enlistment commitment. 7. Prior to his separation, he petitioned the Board for payment of his student loans under the SLRP incentive. 8. On 23 October 2012, the Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommended the applicant's Department of the Army and State ARNG records be corrected to show: * he was issued Annex L to the DD Form 4 (Enlistment/Reenlistment Document) for the SLRP with a valid MCN in connection with his enlistment in the LAARNG on 17 December 2007 * he had completed and signed the Loan Repayment Program Addendum on 17 December 2007 that clearly specifies the terms of the Reserve Service commitment that authorized the payment of the incentive * he is eligible for the SLRP in accordance with the terms of his corrected enlistment contract 9. In accordance with the Board's recommendation, the LAARNG initiated action to pay his loans as follows: a. Per his contract, he would receive 15% of his disbursed loan amounts for all loans that were 1 year old on his enlistment anniversary date. Furthermore, his contract states that his payments would be taxed as income to the applicant. The total disbursed loans at time of he contracted was $15,796. One of his loans in the amount of $2,776 was not eligible for repayment his 1st year because it was not over 1-year old on his enlistment anniversary date. Total payments made were $13,376.66 and sent from the National Guard Bureau (NGB) to the Defense Finance and Accounting Service (DFAS) by Fiscal Year (FY) as follows: * FY09 - $1,731.60 sent from NGB to DFAS * FY10 - $2,369.40 sent from NGB to DFAS * FY11 - $2,369.40 sent from NGB to DFAS * FY12 - $2,369.40 sent from NGB to DFAS * FY13 - $2,527.46 (higher because interest was paid on loans this year) * FY14 - $2,369.40 sent from NGB to DFAS b. The total disbursed of $15,796 x 90% = $14,216. The 90% is 15% maximum per year times 6 (term of enlistment). The amount of $2,776 is subtracted from the first year payment because it was not eligible due to being less than 1-year old on his enlistment anniversary date. c. The total of $13,736.66 was transmitted from the NGB to DFAS was also subject to taxation. The applicant's lender would have received around 28% less than the authorized amount of $13,736.66. 10. He provides student loan documents from his lenders showing what has been paid over the years by either himself or another payee. 11. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. The loan amount to be repaid is 15% 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. 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. Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least 1-year old may then be paid in accordance with the terms of this educational enlistment incentive. DISCUSSION AND CONCLUSIONS: 1. The Board recommended to the State ARNG that the applicant's records be corrected to show he was issued Annex L for the SLRP with a valid control number when he enlisted on 17 December 2007, that he completed and signed the SLRP Addendum that clearly specifies the terms of the Reserve Service commitment that authorizes the payment of the incentive, and that he is eligible for the SLRP in accordance with the terms of his corrected enlistment contract. 2. The LAARNG accepted the Board's recommendation and paid the applicant's lenders for each of the 6 years of ARNG contractual service he completed. The total disbursed loans at time he initiated his enlistment contract was $15,796. One of his loans in the amount of $2,776 was not eligible at his 1st year enlistment anniversary because it was not over 1-year old on his anniversary date. The total payments sent from the NGB to DFAS were $13,376.66. This amount was also subject to taxation. The applicant's lender would have received approximately 28% less than the authorized amount of $13,736.66 due to taxes. 3. The applicant's military records were corrected and the loans were disbursed in accordance with the corrected contract for his 6-year enlistment period. His dissatisfaction with non-payment of one of his ineligible loans or the taxes paid on the disbursed payments does not mean there was an error or an injustice. He has not shown either. When he separated from the LAARNG based upon his expiration of his term of service, the LAARNG and NGB were under no further obligation to repay his remaining student loans. He had the option to extend or reenlist to maintain the SLRP. He elected not to extend or reenlist. The evidence of record shows the LAARNG and NGB did provide him "Full Relief" as per his corrected enlistment contract. 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 to amend the decision of the ABCMR set forth in Docket Number AR20120006773, on 24 October 2012. _______ _ 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) AR20150005396 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005396 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1