SAMR-RB 9 January 2018 MEMORANDUM FOR Commander, US Army Reserve Command, 471O Knox Street, Fort Bragg, NC 28310-5010 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160004674 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 28 November 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army records of the individual concerned be corrected by showing the appropriate documents were completed and submitted in a timely manner authorizing her a $10,000.00 Student Loan Repayment Program (SLRP) incentive and payment of 15 percent (principal and interest) for the first anniversary payment (i.e., 22 June 2001) in qualifying student loans secured prior to her enlistment in the U.S. Army Reserve on 22 June 2000 and paying any monies due under the SLRP based on this correction. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 9 May 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl · Deputy Assistant Secretary of the Army (Review Boards) CF: ( ) OMPF BOARD DATE: 28 November2017 DOCKET NUMBER: AR20160004674 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 November2017 DOCKET NUMBER: AR20160004674 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. ______________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. BOARD DATE: 28 November2017 DOCKET NUMBER: AR20160004674 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 her records to show entitlement to a $20,000 Student Loan Repayment Program (SLRP) incentive that she contracted for upon enlistment in the U.S. Army Reserve (USAR). 2. The applicant states that she enlisted in the USAR on 22 June 2000 with entitlement to the SLRP incentive. She completed training and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist), which was a Selected Reserve Incentive Program (SRIP) MOS. a. On 12 August 2001, she enlisted under the Active Guard/Reserve (AGR) program and reclassified into MOS 42A (Human Resources Specialist), which was also an SRIP MOS. She adds that she did not have a break in service. b. She inquired about her student loan repayments on many occasions both while she was in the military and after she was separated. While on active duty she had to submit SLRP documentation various times because the paperwork was lost, misplaced, or sent to an incorrect level of command. She adds that it was often difficult to obtain the required signatures. c. She states that she met all the SLRP eligibility requirements, she attained the rank of staff sergeant (SSG)/pay grade E-6, and was rated fully successful or higher on her Noncommissioned Officer Evaluation Reports. She adds that she served honorably on active duty until December 2008. 3. The applicant provides a self-authorized statement (summarized above) and copies of her: * DA Form 2-1 (Personnel Qualification Record) * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) 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. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), prepared by an Army recruiter on 22 June 2000, pertaining to the applicant, shows in item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a (Specific Option/Program Enlisted For), she was enlisting under the U.S. Army Standard Training Program for MOS 92A with a $10,000 SLRP incentive. The applicant and the Army recruiter both signed the document. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the USAR, on 22 June 2000, for a period of 6 years in pay grade E-3. Section B (Agreements), Remarks, shows the entry "None." a. The allied documents to her enlistment contract include the following – * Annex A (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment) * USAREC Form 1122 (Acknowledgement of Enlistment) * DA Form 5261-R (SRIP – Enlistment Bonus) – $3,000 enlistment bonus for MOS 92A * DA Form 5435-R ((Statement of Understanding – The Selected Reserve Montgomery GI Bill (MGIB)) – maximum benefit of 36 months based on full-time status * DA Form 5435-1-R (MGIB Kicker Program) – $100 incentive per month for a maximum of 36 months based on full-time status * DA Form 5261-4-R (SLRP) – maximum of $10,000 in loan repayments b. The DA Form 5261-4-R outlines the terms and conditions governing the SLRP agreement. It shows the applicant was a non-prior service applicant enlisting for a term of at least 6 years in the Selected Reserve with a concurrent statutory military service obligation in the USAR of 8 years. It also shows she was contracting for MOS 92A and a maximum of $10,000 in loan repayments. (1) Section V (Entitlement) shows she acknowledged that for each year of satisfactory service in the Selected Reserve, the SLRP amount to be repaid will be a maximum of $10,000 during her military career with annual repayments of 15 percent (%) of the original balance of the loan(s), plus accrued interest, or $500 plus the accrued interest, whichever is greater, as established by law. The payments would be processed on the anniversary date of the enlistment for each satisfactory year of service. (2) Section VI (Termination) shows the SLRP incentive may be terminated for, in pertinent part – * separation from enlisted status in the Selected Reserve, this includes enlistment in the Regular Army or voluntary entry on extended active duty in the Active Army * entry on active duty in an AGR status, provided this would be an initial entry on active duty and enrollment under the MGIB for active duty service (Title 38, U.S. Code, Chapter 30 (38 USC, chapter 30)) (3) The applicant and a guidance counselor signed the form on 22 June 2000. 4. A DD Form 214 shows the applicant entered active duty for training (ADT) on 8 August 2000, was honorably released from ADT on 1 March 2001, and transferred to a USAR unit. She had completed 6 months and 24 days of net active service this period. It also shows she completed the Automated Logistical Specialist course and was awarded MOS 92A. 5. Records show the applicant – * transferred to the AGR program on 12 August 2001 * completed the – * AGR Training course * Human Resources Specialist course * was promoted to SSG (E-6) in MOS 42A on 1 September 2005 6. A DD Form 4 shows she reenlisted in the USAR (AGR), on 20 December 2005, for a period of 3 years. Section B, Remarks, shows she reenlisted for a Selective Reenlistment Bonus (SRB) in MOS 42A. 7. A DD Form 214 shows the applicant entered active duty this period on 12 August 2001 and was honorably discharged on 19 December 2008. She had completed 7 years, 4 months, and 8 days of net active service this period. It also shows she served in Kuwait from 16 January 2003 to 15 June 2003. 8. In the processing of this case, an advisory opinion was obtained from the Director, Soldier Family and Readiness Office, USAR Command (USARC), Fort Bragg, NC, dated 21 August 2017. a. The advisory official recommends approval of the applicant's request for reimbursement of student loan payments from the Army Reserve under the SLRP incentive based on the following: b. The advisory official noted the SLRP terminates if a Soldier is ordered to active duty in an AGR status and elects to enroll in the active duty MGIB (38 USC, chapter 30). Upon entering on AGR status, Soldiers are required to complete a DD Form 2366 (MGIB of 1984 (38 USC, Chapter 30) – Basic Enrollment) to accept or decline enrollment in the MGIB or SLRP. c. The applicant enlisted in the USAR on 22 June 2000 and was authorized to receive $10,000 towards SLRP. Her SLRP anniversary date was 22 June 2001 and each year thereafter for as long as she remained in good standing with the USAR. She transferred to the AGR on 12 August 2001. She was discharged from the USAR on 19 December 2008, which terminated her SLRP incentive. d. He stated that the applicant attempted to process her SLRP paperwork beginning in 2008. She may have been eligible for payments for entitlement years 2001–2008; however, payments were never processed because there was no record of a DD Form 2366 on file to show the applicant was enrolled in active duty 38 USC, chapter 30. The applicant was advised of this; however, a DD Form 2366 was not received from the applicant. e. The advisory official noted that the maximum authorized amount would be $10,000 with annual payments and interest not to exceed $1,500 under the terms of her initial SLRP contract. He added that payments cannot be made due to the 6-year statute of limitations. In addition, if the SLRP payments are approved, payments must be made by the Army Review Boards Agency. 9. On 22 August 2017, the applicant was provided a copy of the advisory opinion to allow her the opportunity to submit comments or a rebuttal. 10. On 29 September 2017, the applicant stated, in pertinent part, "It appears, after reading this memorandum, that the recommendation is in favor of my request; therefore, there is not a need to submit a response. Am I correct in my thinking?" REFERENCES: 1. Army Regulation 135-7 (Incentive Programs), in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months. This educational incentive may only be elected at the time of enlistment or reenlistment. a. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. b. The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. It authorizes the USAR to repay 15% of the outstanding balance of all eligible student loans, plus the interest, not to exceed $1,500 per year. These payments continue on a yearly basis unless the Soldier loses eligibility. 2. Title 31, U.S. Code, section 3702, is the 6-year barring statute for payment of claims by the Government. In essence, if an individual brings a claim against the Government for monetary relief, the barring statute provides that the Government is only obligated to pay the individual 6 years from the date of the approval of the claim. DISCUSSION: 1. The applicant contends that her military service records should be corrected to show entitlement to a $20,000 SLRP incentive. 2. Records show the applicant enlisted in the USAR on 22 June 2000 for a period of 6 years with entitlement to a $10,000 SLRP incentive based on award of critical MOS 92A. a. On 1 March 2001, she successfully completed ADT and was awarded MOS 92A. b. She was eligible for annual SLRP payments beginning 22 June 2001. c. She transferred to the AGR program on 21 August 2001. d. There is no evidence of record of any loans the applicant secured that are authorized for repayment under the SLRP. 3. It is noted that the applicant enrolled in the Selected Reserve MGIB and the MGIB Kicker Programs. 4. On 20 December 2005, she reenlisted in the AGR program with an SRB for MOS 42A. She was discharged on 19 December 2008. 5. The evidence of record shows the USARC received the applicant's request for payment under the SLRP incentive in 2008, more than six (6) years after her eligibility for the initial SRLP annual payment. a. It appears her entitlement to the SLRP terminated in August 2001 because there is no evidence of record of a DD Form 2366 showing she accepted enrollment in the SLRP under active duty 38 USC, chapter 30. b. The evidence of record shows the applicant failed to provide a copy of the DD Form 2366 in 2008 when she submitted her request for SLRP payments to the USARC (or in support of her application to this Board). c. Based on the available evidence, her eligibility for entitlement to the SLRP incentive subsequent to 20 August 2001 cannot be substantiated. 6. The evidence of record shows the applicant was entitled to payment of 15% of the $10,000 SLRP incentive on the initial anniversary of her enlistment in the USAR (i.e., 22 June 2001); contingent upon proof of any qualifying student loan(s). Additionally, any additional annual payments under the SLRP would be contingent upon receipt of satisfactory evidence of a timely and properly completed DD Form 2366, along with documentation showing proof of qualifying student loans under the SLRP. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2