ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 November 2019

	DOCKET NUMBER:  AR20170008030


APPLICANT REQUESTS:  his Student Loan Repayment Program (SLRP) funds be 
disbursed in accordance with the terms of his enlistment 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	miscellaneous documents related to his enlistment
*	discharge orders
*	three applications for loan repayment
*	two “Lender Verification” forms
*	email traffic seeking assistance

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he has been trying to take advantage of SLRP for a while now.  
He contacted Ms. X___ X___, an Army counselor, on 9 March 2015 to assist him in 
submitting his paperwork to have his SLRP processed.  He submitted all the support 
documents to her on 16 June 2015.  He got a letter in the mail from the Government 
with copies of the documents that he submitted stating that his SLRP was approved.  
He has since been monitoring his loans to see if there was any kind of pay out from the 
Government and thus far none of his student loans have been processed.  On 28 March 
2017, he emailed Ms. X___ X___ requesting the SLRP status.  She got in contact with 
him and said she could not find any SLRP information for him and he would need to 
restart the process.  She also told him that since it has been over five years since his 
completion date of 21 October 2011, he is no longer qualified to receive the benefit.  




3.  The applicant provides:

     a.  The Reverse, DA Form 3286-67 (Statement of Understanding (Army Policy)),  
dated 21 October 2002, showing he was enlisting for educational benefits including the 
Montgomery GI Bill and the Loan Repayment Program (LRP). 

     b.  A DA Form 5261-4-R (SLRP Addendum), signed by applicant and a senior 
guidance counselor on 21 October 2002.  The form explained the obligations and 
participation requirements for entitlement under the SLRP and captured his agreement 
to those terms.  

     c.  Orders 11-301-00003, dated 28 October 2011, honorably discharging applicant 
from the United States Army Reserve (USAR) effective 4 November 2011.  

     d.   Three DD Forms 2475 (DOD Educational LRP Annual Application), the first of 
which is blank except for the “Personnel Office Verification” section.  The second form 
added the “Service member Data” and was signed by applicant on 16 June 2015.  The 
third form added an “X” to the “Selected Reserve LRP” box at the top of the form and 
was signed by the “Certifying Officer”, X___ X___, on 25 June 2015.  The certification 
reads “As an official of the holding institution, I verify that this information is correct and 
current.  Copy of the promissory note is attached.”    

     e.  Two “Lender Verification” forms from Navient (a corporation servicing and 
collecting student loans) both of which are dated 25 June 2015.  The first addressed 
private loans disbursed to applicant in the months of June and July 2007.  The private 
loans totaled $5,000.00.  The second form addressed Stafford Loans disbursed to 
applicant in September 2007 and January 2008.  The Stafford Loans totaled $7,499.00.  
The total for all loans was $12,499.

     f.  Eleven pages of email traffic beginning in March 2015.  In the emails, applicant 
sought assistance with his SLRP application from Ms. X__ X__, a contractor working in 
the Army Reserve SLRP Department.  In the last email, dated 27 March 2017, applicant 
contacted Ms. X__ X__ seeking proof that the Government was paying on his loans.  

4.  A review of applicant’s service record shows:

     a.  He enlisted in the USAR on 21 October 2002 for a period of eight years.  

     b.  The SLRP Addendum executed in conjunction with his enlistment entitled him to 
a maximum of $10,000 in loan repayments during his military career with a maximum 
repayment of $1,500 each year.  In exchange, he agreed to serve his first six years in 
the Selected Reserve in the military occupational specialty of 68X1 (Behavioral Health 
Specialist).  The SLRP Addendum also advised him that repayment was not automatic 
and it was his responsibility to initiate the request for repayments during each year that 
he met the program requirements.  

     c.  He was honorably discharged from the USAR on 4 November 2011.
     d.  A DA Form 5016 (Chronological Statement of Retirement Points) reflects 
applicant accumulated eight “good years” of service for retirement purposes between 
the date of his enlistment and the date of his discharge.   

5.  An advisory opinion was obtained from Headquarters, United States Army Reserve 
Command on 21 August 2017.  The Director, Soldier Family and Readiness Office 
recommended approval of applicant’s request to received SLRP payments.  Ms. X__ 
X__, the person with whom applicant exchanged emails seeking assistance, is the point 
of contact for the advisory opinion.  The opinion states:

     a.  For each year of satisfactory participation, the Army Reserve is authorized to 
repay fifteen percent of the outstanding balance of all eligible student loans plus the 
interest, not to exceed $1,500 per year.  Termination of SLRP will occur if a Soldier 
separates from an enlisted status in a Selected Reserve unit.   

     b.  The applicant’s SLRP records indicate he enlisted into the Army Reserve on 21 
October 2002 and was authorized to receive $10,000 towards SLRP, not to exceed 
$1,500 per year.  His SLRP anniversary date was 21 October 2003 and each year 
thereafter for as long as he remained in good standing with the Army Reserve.  He was 
discharged on 4 November 2011; subsequently, terminating his SLRP incentive.  

     c.  Further review determined applicant made several attempts to process his SLRP 
paperwork beginning 9 March 2015, but payments were never processed due to 
administrative errors.   Applicant may have been eligible for payments for entitlement 
years 2003 – 2011; however, payments cannot be made due to the six year statute of 
limitations

     d.  Under the terms of the statute of limitations, an approval of applicant to receive 
SLRP payments based on the date of his initial attempt to process payments (9 March 
2015), would allow him to receive SLRP payments for entitlement years 2009 – 2011.  
Yearly payments and interest must not exceed $1,500 as authorized under the terms of 
his contract.  In addition, since this administrative error may have caused applicant to 
incur additional interest, recommend one additional supplemental payment not to 
exceed $1,500.  Such supplemental payment should not exceed the amount of interest 
as annotated by the lender on the DD Form 2475 (Annual Loan Repayment Program 
Application).

     e.  If this recommendation is approved, ARBA must direct who will process the 
payment.  Due to the six year statute of limitations, current Army regulatory guidance 
will not allow payment to be processed by the Fort McCoy Pay Center unless directed 
by ARBA.



6.  The applicant was provided a copy of the advisory opinion and did not respond.

7.  By regulation, the SLRP authorizes student loan repayment for qualified Selected 
Reserve enlisted personnel.  

8.  Contrary to the advisory opinion’s recommendation, the Board may not award an 
extra portion of SLRP repayment to offset accrued interest that may have arisen due to 
the administrative errors associated with the processing of applicant’s SLRP claim.  
However, if satisfied that sufficient evidence exists to establish the underlying legitimacy 
of applicant’s claim, it may correct the date on which he first filed his claim to an earlier 
date.  Such a correction would remove the impediment to relief otherwise imposed by 
the statute of limitations.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  Based upon the recommendations of the advisory and the justifications 
outlined within the advisory, the Board concluded that the applicant should retain his 
eligibility for the Student Loan Repayment Program. 

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by allowing the applicant to 
retain his eligibility for the Student Loan Repayment Program (SLRP) and his Student 
Loan Repayment Program (SLRP) funds be disbursed in accordance with the terms of 
his enlistment.
	  
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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for 
the administration of the ARNG and the USAR incentive programs. Chapter 5.1 
provides guidance for the administration of the SLRP.

3.  The SLRP is a Department of the Army enlistment option authorized by 
Title 10, U.S. Code, section 2171 (10 USC 2171), which provides the legal authority for 
the education loan repayment program for enlisted members in specified military 
specialties.  The law states that loans that qualify for repayment are Guaranteed 
Student Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D. 
Ford Loans, Supplemental Loans for Students, Federally Insured Student Loans, 
Parent Loan for Undergraduate Students, Auxiliary Loan Assistance for Students, and 
consolidated loans which fall under Title IV, Part B or E of the Higher Education Act of 
1965, or William D. Ford Loan. 



4.  Title 31 U. S. Code (USC), section 3702, also known as the Barring Act, prohibits 
the payment of a claim against the Government unless the claim has been received by 
the Comptroller General within 6 years after the claim accrues. Among the important 
public policy considerations behind statutes of limitations, including the 6-year limitation 
for filing claims contained in this section of Title 31, U.S. Code, is relieving the 
Government of the need to retain, access, and review old records for the purpose of 
settling stale claims, which are often difficult to prove or disprove.  
  

ABCMR Record of Proceedings (cont)	 AR20170008030

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