ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  13 February 2020 DOCKET NUMBER:  AR20170000770 


APPLICANT REQUESTS: reinstatement of his Student Loan Repayment Program (SLRP) incentive. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DA Form 5261-4-R (Student Loan Repayment Program Addendum),dated 25 September 1997

.DA Form 3540-R (Certificate and Acknowledgement of U.S. Army ReserveService Requirement and Method of Fulfillment), dated 25 September 1997

.USAREC Form 1122, dated 25 September 1997

.Newspaper Article

.DD Form 214 (Certificate or Release or Discharge from Active Duty) x3

.Orders 05-241-00016, dated 29 August 2005

.American Education Services letter, dated 28 October 2016



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states per his contract signed on 25 September 1997, he was entitledto $10,000.00 with the Student Loan Repayment Program.  However he only received apayment of $2500.00.  He believes he is still entitled to $7500.00 from the Student LoanRepayment Program.  He reports he served in the United States Army Reserve (USAR)for 8 years and spent over 2 years mobilized in support of Operation Noble Eagle andIraqi Freedom.  He included pertinent pages from his contract, a newspaper articlestating what he was promised from the USAR, and student loan payment records.  Heincluded his DD Form 214 and orders honorably discharging him from the USAR.  On
1 June 2005, a payment in the amount of $2500.00 was made for his student loans.  Hehas tried numerous times since his discharge to have the remaining payment of
$7500.00; however, he was told there was nothing the Army could do to assist.  It was his last resort to contact the Army Review Board.  

3.A review of the applicant’s records show:

a.On 25 September 1997 he enlisted in the USAR for 8 years.  During this time, he


also signed DA Form 5261-4-R (Student Loan Repayment Program Addendum) showing he contracted in MOS 95B, enlisting for 8 years with his initial 6 years in the Selected Reserve, and he was approved for a maximum of $10,000 in loan repayments 

b.On 6 August 1998 he was awarded 95B MOS.



c.On 24 September 2005 he was honorably discharged from the USAR with


8 years of service 

4.The applicant provided the following documents in support of his request:

a.DA Form 5261-4-R (Student Loan Repayment Program Addendum), dated


25 September 1997 showing: 

(1)Headquarters Department of the Army (HQDA) approved him for a maximum


of $10,000.00 in loan repayment

(2)He has no previous military service and is enlisting for 8 years and agree to


serve initial 6 years in the Selected Reserve in the Military OccupationalSpecialty (MOS) 95B

(3)The amount repaid each year will not exceed 15% of the original balance (a


maximum of $1500.00 or $500.00 whichever is greater, plus the accrued interest)

(4)Repayment of the student loan by the Government is not automatic under the


terms of the addendum

(5)It is the applicant’s responsibility to initiate the request for loan repayment


during each year that he meet the requirement explained in the addendum bycompleting DD Form 2475 (DOD Educational Loan Repayment Program (LRP)Annual Application) and submitting it though personnel official with in hiscommand

(6)The applicant should arrange for deferment or forbearance with lenders or


note holders on loans which are falling behind


(7)SLRP will be terminated if he becomes an unsatisfactory participant, moved


or reclassified to an different MOS, fail to become MOS qualified in 12 months orwithin 24 months if required to attend service school, separated from USAR forany reason except authorized period of non-availability.

(8)He agrees to complete at least 6 years in a USAR unit



b.DA Form 3540-R (Certificate and Acknowledgement of U.S. Army ReserveService Requirement and Method of Fulfillment) showing: 

(1)He agrees to serve 8 years and has a contractual obligation to serve


6 years as a TPU member and 2 years as an Individual Ready Reserve (IRR)member of the individual ready reserve unless he voluntarily elects to remainassigned and continue to satisfactorily participate as a member of a troopprogram unit.

(2)Must become MOS qualified.



(3)He received enlistment bonus in the amount of $3000.00 and SLRP in the


amount of $10,000.00.

c.Newspaper article which states the applicant enlisted in the USAR and qualifiedfor the maximum benefits and cash incentives.  He would receive $7316.00 for education through the Montgomery G.I Bill, $10,000.00 through the SLRP, and $3000.00 cash bonus. 

d.DD Form 214 (Certificate or Release or Discharge from Active Duty) x3, showing:

(1)1 June 1998 to 23 September 1998 he attended MOS qualifying school.



(2)15 September 2001 to 1 November 2002 he served in support of Operation


Noble Eagle in response to the World Trade Center and Pentagon attacks.

(3)24 February 2003 to 18 January 2004 he served in support of Operation


Enduring Freedom and Operation Iraqi Freedom.

e.Orders 05-241-00016, dated 29 August 2005 shows the applicant was honorablydischarged from USAR effective 24 September 2005. 

f.American Education Service letter dated 28 October 2016 shows on1 June 2006, 4 payments from the SLRP was paid to the applicant’s loan holder in the amounts of $449.01, $449.85, $600.49 and $1000.65.  

5.On 27 December 2019, the Headquarters United States Army Reserve Commandreviewed the applicant's records and rendered an advisory opinion in his case.  After athorough review, the Educational and SLRP Program Manager opined that, it was theopinion of their office that the applicant’s request should be disapproved.  The memofurther states:

a.United States Army Reserve Command G-1 recommends the disapproval of the


applicant’s SLRP incentive. 

b.Army regulatory guidance, student loan repayments are based on each year of


satisfactory participation in the USAR. 

c.Termination of the SLRP will occur if a Soldier separates from an enlisted status


in the USAR unit. 

d.Records indicate that the applicant was previously eligible to receive SLRP;


however, the incentive was terminated as a result of his Honorable discharge on September 24, 2005. 

6.The applicant was provided with a copy of this advisory opinion to give him anopportunity to respond and/or submit a rebuttal.  He did not respond.

7.Department of Defense Instruction (DODI) 1205.21 (Reserve Component IncentivePrograms Procedures), paragraph 6.2 states, as a condition of the receipt of anincentive covered by this Instruction, each recipient shall be required to sign a writtenagreement stating that the member has been advised of and understands the conditionsunder which continued entitlement to unpaid incentive amounts shall be terminated andwhich advance payments may be recouped.

BOARD DISCUSSION: 

After reviewing the application, the supporting documents, the records, and the facts above, the Board found that relief is warranted.  The applicant satisfactorily completed the 8 years service he contracted to preform to receive the Student Loan Repayment Program (SLRP) incentive.  He should be reinstated in SLRP and paid his full amount of $10,000.  The addendum he signed to not stipulate that the SLRP had to be used prior to his separation. 



BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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 reinstating his Student Loan Repayment Program incentive eligibility, showing he timely submitted DD Forms 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) andpaying him his full entitlement in accordance with his contract. 

X 

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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Department of Defense Instruction (DODI) 1205.21 (Reserve Component IncentivePrograms Procedures), paragraph 6.2 states, as a condition of the receipt of anincentive covered by this Instruction, each recipient shall be required to sign a writtenagreement stating that the member has been advised of and understands the conditionsunder which continued entitlement to unpaid incentive amounts shall be terminated andwhich advance payments may be recouped.

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