IN THE CASE OF:  

		BOARD DATE:  21 January 2020

		DOCKET NUMBER:  AR20170011398


APPLICANT REQUESTS:  execution of his entitlements associated with the Student 
Loan Repayment Program (SLRP)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self Authored letter to the Department of Defense dated 6 November 2014
*	DD Form 4 (Enlistment Document) dated 15 September 2002
*	DA Form 3540-R  (Certificate and Acknowledgement of U.S. Army Reserve 
Service Requirements and Methods of Fulfillment)
*	DA Form 5261-4-R (Student Loan Repayment Program Addendum)
*	United States Senate Letter dated 25 April 2017
*	Congressional Response Letter dated 25 April 2017
*	College Transcript dated 18 May 2012

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR 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 that per his Reserve enlistment contract he was entitled to the 
SLRP prior to his retirement.  He further states that while attending school, he submitted 
his request, to his command, every semester.  After retiring in 2007, he was informed 
that no payments towards his student loans were ever made.  As a result, he requests 
entitlement and payment of the maximum amount allowable towards his student loans 
as per his enlistment contract. 

3.  A review of the applicant’s available service records indicates the following on: 

*	8 August 1995 – having prior service in the Navy, he enlisted in the Army 
National Guard (ARNG) 
*	29 November 2000 – he transferred from the ARNG and enlisted in the United 
States Army Reserve (USAR)
*	15 September 2002 – he reenlisted for 6 years in the USAR and elected to 
participate in the SLRP
*	the applicant signed the DA Form 5261-4-R in which he acknowledged with his 
initials:

o	in section III, Acknowledgment, to serve in the military occupational 
specialty (MOS) 77W10 and that HQDA has approved for a maximum of 
$10,000 in loan repayments
o	in section V, Entitlement, that the $10,000 amount will not increase and 
the amount to be repaid each year will not exceed 15% of the original 
balance (a maximum of $1500 or $500, whichever is greater plus the 
accrued interest) and that payment of student loans by the Government is 
not automatic…it is the responsibility of the Soldier to initiate the request 
for loan repayments during each year by completing DD Form 2475 (DoD 
Educational Loan Repayment Program Annual Application)
o	in section VII, Termination, the terms of the addendum will remain in force 
as long as the applicant continues to participate satisfactorily under a 
contractual agreement as a member of the Selected Reserve and will be 
terminated should the following occur:  separated from his enlisted status 
in the Selected Reserve for any reason except for an authorized period of 
nonavailability.  This includes enlistment in the Regular Army or voluntary 
entry on extended active duty in the Active Army.

*	5 April 2007 – he received his Notification of Eligibility for Retired Pay at age 60 
(Twenty Year Letter) indicating completion of 20 qualifying years of service
*	27 August 2007 (Order#) – effective 2 November 2007 he was reassigned to the 
Retired Reserve

4.  The applicant’s records do not reflect a DD Form 2475 (DOD Educational Loan 
Repayment Program Annual Application) which is required for repayment of student 
loans by the Government.  

5.  The applicant provides the following: 

*	Self Authored letter to the Department of Defense dated 6 November 2014 – 
reflective of his contention with the lack of reimbursement of loans received 
under the SLRP as per his reenlistment contract signed on 15 September 2002.  
He further states the following: 
o	he submitted DD Form 2475 annually to his unit at the beginning of every 
school year
o	current student loan balance in excess of $200,000.00 indicating that 
nothing has been paid in accordance with the SLRP 
o	repeated attempts to resolve this issue dated back to 2006 to present 
*	DD Form 4 (Enlistment Document) dated 15 September 2002 – reflective of his 
reenlistment in the USAR for 6 years
*	DA Form 3540-R  (Certificate and Acknowledgement of U.S. Army Reserve 
Service Requirements and Methods of Fulfillment) – reflective of his service 
obligation associated with his reenlistment in 2002 and further entitlement to the 
SLRP
*	DA Form 5261-4-R (Student Loan Repayment Program Addendum) – reflective 
of his service obligation and participation requirements associated with his 
participation on the SLRP in the amount of $10,000
*	United States Senate Letter dated 25 April 2017 – reflective of the Honorable 
response to the applicant regarding his request for assistance and the response 
received from the Department of the Army
*	Congressional Response Letter dated 25 April 2017 – reflective of their 
determining the applicant’s ineligibility of loan reimbursement under the SLRP is 
based on his termination of service in 2007
*	College Transcript dated 18 May 2012 – reflective of his completion on college 
courses between September 2002 through June of 2008 

6.  See all applicable supporting guidance below under REFERENCES. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board considered the applicant’s statement, his record of 
service, documentation related to the SLRP incentive, his completion of obligated 
service, the notification of Eligibility for Retired Pay and transfer to the retired reserve.  
The Board considered the college transcript the applicant provided and the absence DD 
Form 2475 (DOD Educational Loan Repayment Program Annual Application) in the 
records or provided by the applicant.  Based on a preponderance of evidence, the 
Board determined that the applicant was entitled to SLRP and that his eligible loans 
should be repaid up to the program limit and in accordance with his contract.  If the unit 
does not have the applicant’s previous submissions for loan payment, he will need to 
provide the appropriate documentation.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



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 
the Army records of the individual concerned be corrected to show:

-	The applicant was eligible for repayment of SLRP in accordance with the DA 
Form 5261-4-R (Student Loan Repayment Program Addendum);
-	A recurring and timely submission of DD Form 2475 (DOD Educational Loan 
Repayment Program Annual Application) by the applicant, and;
-	Payment of the applicant’s qualified loans for the term of his contract and up 
to the established program limits.

 


		  
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 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive 
Program Procedures) states in Paragraph 6.2, 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.  Paragraph 6.8.2 states, a Soldier's incentive will be terminated with 
recoupment if they separate from the Reserves for any reason (including enlistment or 
voluntary order to active duty in the active forces). 

3.  Army Regulation (AR) 130-7 (Incentive Programs) states that the Student Loan 
Repayment Program Agreement remains in force regardless of subsequent 
reenlistments or extensions until separation from the Selected Reserve or attaining the 
maximum authorized limits.  To continue an entitlement, a soldier must avoid being 
designated an unsatisfactory participant per AR 135-91, chapter 4, section III.  To be 
eligible for the SLRP incentive, a person must contractually obligate himself or herself to 
serve satisfactorily per AR 135-91. A person must serve in the Selected Reserve for the 
full term of the contractual agreement per paragraph 5.J-3b. 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.  Entitlement to the SLRP 
will stop if the soldier becomes an unsatisfactory participant.  For drilling Reservist, the 
termination date entered into personnel data reporting systems must be the date the 
soldier attained his or her 9th unexcused absence (AR 135-91, para 4--lla), or the date 
the soldier is determined to be an unsatisfactory participant for failing to attend
or complete the entire period of annual training (AT) or Separates from the Selected 
Reserve as an enlisted person for any reason including enlistment or voluntary recall 
into the active forces.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170011398


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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