IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180004224 APPLICANT REQUESTS: His contract to be corrected to reflect his eligibility to receive the Student Loan Repayment Program (SLRP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), Section VI (Remarks) * Guard Annex (Enlistment/ Reenlistment Agreement Army National Guard Service Requirement and Methods of Fulfillment), Section VII (Addendums) 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 in his DD Form 1966, his SLRP was listed in section IV (Remarks) instead of Section VII, addendum of his Guard Annex. He is requesting that the SLRP be added to addendum of his Guard Annex. Due to the SLRP being listed in the Section VI (Remarks) on the DD Form 1966 instead of Section VII of the addendum of his guard annex, he is unable to receive the SLRP. He states he qualified for the SLRP upon his enlistment and it is in his initial contract, although in the incorrect section, therefore the incentive should be honored. 3. A review of the applicant’s records show: a. On 17 February 2010, the applicant completed the Record of Military Processing- Armed Forces of the United States showing he was not prior service, completed some college, with a service obligation of 6 years. Section VI (Remarks- Specify items(s) being continued by item number. Continue on Separate page if necessary) shows: Statement Remarks: * Enlisting in Pay Grade _____________ * MOS_____________ PARA _____________ LIN ____________; * MOS_____________ PARA _____________ LIN ____________; * MOS_____________ PARA _____________ LIN ____________; * STUDENT LOAN REPAYMENT PROGRAM * Secret submitted on 20100217 * National Agency Check with Law and Credit Accepted on 20100217 b. On 17 February 2010, he enlisted in the Arkansas Army National Guard (ARARNG) for 6 years. He signed the Guard Annex (Enlistment/ Reenlistment Agreement Army National Guard Service Requirements and Methods of Fulfillment showing: (1) His enlistment in the Army National Guard obligates his to a total of 8 years in the United Armed Forces including in the Reserve components. (2) He agree to serve 6 years as an assigned member of a troop program unit in the Selected Reserve, 2 years as an assigned member of the Individual Ready Reserve. He may voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit. (3) Section VII – Addendums shows the applicant is eligible of the Montgomery GI Bill. c. On 15 June 2015, an official at the National Guard Bureau, Personnel Programs, Resources and Manpower Division sent a Memorandum Subject: Request for Exception to Policy (ETP) for Student Loan Repayment Program (SLRP) shows: (1) The ETP to retain the $50,000.00 SLRP is disapproved, the incentive addendum was never completed, which violates Department of Defense Instruction (DODI) 1205.21. The State Incentive Manager will invalidate the control number request. (2) DD Form 4, Form 1966 block 32a and his enlistment agreement (Annex A) did not support the ARNG offering him SLRP. In an attempt to corroborate SLRP being offered to the applicant, ARNG reviewed the bonus control number request; however, it was not requested until after the date of enlistment. (3) DODI 1205.21 requires Soldiers enter into an agreement with the government by signing an incentive agreement. A review of available documents and statements do not support the applicant signed an agreement; therefore, the request is disapproved. d. The applicant received an NGB Form 22 (National Guard Report of Separation and Record of Service), honorably discharging him from the ARARNG, effective 16 February 2016 with 6 years of service e. Orders 042-831, dated 11 February 2016 show he was discharged from the ARNG and assigned to USAR Control Group, effective date 16 February 2016. It shows he was not receiving a Selected Reserve Incentive Program (SRIP) 4. The applicant provided the following documents in support of his request: a. DD Form 1966 (Record of Military Processing – Armed Forces of the United States), Section VI showing the request for Student Loan Repayment Program. b. Guard Annex (Enlistment/ Reenlistment Agreement Army National Guard Service Requirement and Methods of Fulfillment), Section VII showing the Montgomery GI Bill is attached and is a part of his entitlement agreement. 5. See references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. His DD Form 1966, Section VI (Remarks) addendum to the guard annex should corrected to show he is eligible to receive the Student Loan Repayment Program (SLRP). 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 showing on his DD Form 1966, Section VI (Remarks), addendum to the guard annex, that he is eligible to receive the Student Loan Repayment Program (SLRP). 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. Title 10, USC Chapter 1609 (Education Loan Repayment Program) section 16301 states that members of Selected Reserve subject to the provisions of this section, the Secretary of Defense may repay: * any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 * any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.) * any loan made under part E of such title (20 U.S.C. 1087aa et seq.) * any loan incurred for educational purposes made by a lender that is an agency or instrumentality of a State, a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State, a pension fund approved by the Secretary for purposes of this section; or a nonprofit private entity designated by a State, regulated by that State, and approved by the Secretary for purposes of this section 3. You must have one or more qualifying and disbursed Title IV federal loan(s) not in default at the time of enlistment or re-enlistment/extension in order to qualify. Loans must have been disbursed prior to the date of enlistment, affiliation or re- enlistment/extension and must be at least one year old on anniversary date of the contract (unless adjusted for periods of authorized nonavailability). Loans disbursed after the date of enlistment, affiliation or re-enlistment/extension are not eligible for repayment unless you are re-enlisting or extending for a minimum six-year contract in the National Guard without a break in service from the original SLRP contract start date. The lender information must be verified annually against the NSLDS documents. The NSLDS documents must not be older than 90 days from the scheduled anniversary payment date. The National Guard will not make a payment to a Soldier or reimburse that Soldier for payment(s) made by the Soldier or by any other individual on that Soldier's behalf. All SLRP payments are paid to the financial institution only. State and private loans are not eligible for repayment under the SLRP program. 4. FY 11 Selected Reserve Incentive Program (SRIP) Policy Guidance states members may enlist for a term of service of not less than 6 years. The SLRP amount would not exceed $50,000.00. 5. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, 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. 6. Army Regulation 135-7 (Incentive Program) states that the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975. Any loan made, insured or guaranteed under Part B of the Higher Education Act of 1965, or any loan made under Part E of this Act, after 1 October 1975, may be repaid. The following loans qualify for repayment: Stafford Loan Program (formerly Guaranteed Student Loans (GSL), Federally Insured Student Loans, Perkins Loan (formerly National Defense Student Loan and National Direct Student Loans (NDSL), Auxiliary Loans to Assist Students (ALAS), Supplemental Loans for Students (SLS), Consolidated Loan Program (CLP) and SMART Loans. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004224 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1