ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  6 February 2020 DOCKET NUMBER:  AR20180004778 


APPLICANT REQUESTS: Student Loan Repayment Program (SLRP) payment. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:   

DD Form 149 (Application for Correction of Military Record) 

FACTS: 

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

2.The applicant states no effort has been made to assist him with the repaymentprocess.  An elected official had to be contacted before the Army would offer him anyhelp.  He is now told a seven year statute applies and he will not receive full payment.

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

a.On 25 April 2008, the applicant enlisted in the U.S. Army Reserve (USAR).  Inconjunction with this enlistment DA Form 5261-4 (SLRP Addendum) was completed showing the following in: 

(1).  Section 3 (Acknowledgement) item 1b, he was contracting for qualification in Military Occupational Specialty (MOS) 21B (Combat Engineer) in which Headquarters Department of the Army has approved for a maximum of $20,000.00 in loan repayments.  

(2)Section 4 (Obligation) he was enlisting for six years in the USAR.

(3)Section 5 (Entitlement) item 3, repayment of the qualifying loan(s) would bemade after each year of satisfactory service.  He understood a maximum of $20,000.00 would be paid during his military career, and it would not increase, and it was based on the MOS shown in section three.  He also understood that repayment is not automatic 
under the terms of the addendum, and it was his responsibility to initiate payment by completing DD Form 2475 (Department of Defense Educational Loan Repayment Annual Application) and submitting it to personnel officials in his command. 

(4).  He endorsed this form with his signature. 

b.On 10 July 2008, the applicant entered Active Duty for Training (ADT) andcompleted initial training and was awarded MOS 21B.  On 14 November 2008, he was honorably released from ADT and returned to his USAR unit. 

c.The applicant’s records are void of any documents indicating he was not MOSqualified or reassigned to another MOS during his service.  He remains in the Individual Ready Reserve. 

4.Army Regulation (AR) 135-7 (Incentive Programs) chapter 5.1 (SLRP) states thisincentive is offered to qualifying non-prior service personnel on signing a contractual
agreement for a specified term of service in the Selected Reserve and executing DAForm 5261-4.  Selection of the SLRP incentive and execution of DA Form 5261-4 mustbe made by the person when he or she signs a Selected Reserve contractualagreement.  The maximum amount payable for the SLRP is $20,000.00 for a Soldierwho contracts for a critical MOS that has been established by Headquarters Departmentof the Army.

5.AR 621-202 (Army Educational Incentives and Entitlements) states a Soldier mustserve in the Selected Reserve for the full term of the contractual agreement.  An eligibleSoldiers is one who contracts to serve in the Selected Reserve of the USAR in a MOSand executes a DA Form 5261-4.  Once a Soldier has enlisted, and executed a DAForm 5261-4 to participate in the SLRP, the provisions of the DA Form 5261-4 remain inforce until participation in the SLRP is terminated in accordance with this regulation orthe maximum SLRP benefit has been paid.

6.Department of Defense Instruction (DODI) 1205.21 (Reserve Component IncentivePrograms Procedures), currently in effect, requires each recipient of an incentive to signa written agreement.  The agreement must clearly specify the terms of the ReserveService commitment that authorizes the payment of the incentive.

7.Title 31, USC, section 3702, is the 6-year barring statute for payment of claims bythe government.  In essence, if an individual brings a claim against the government formonetary relief, the barring statute says that the government is only obligated to pay theindividual 6 years from the date of approval of the claim.  Attacks to the barring statutehave resulted in litigation in the U.S. Court of Federal Claims.  In the case of Prideversus the United States, the court held that the ABCMR is not bound by the barringact, that the ABCMR decision creates a new entitlement to payment and the 6 years
starts running over again, and that payment is automatic and not discretionary when a ABCMR decision creates an entitlement. 

BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his record ofservice, the terms of his contract, his completion of MOS training, his reenlistment inthe Army Reserve and his current status in the IRR.  The Board found no evidence toshow the applicant changed or became disqualified in the MOS; the Board did not findservice records showing that the applicant failed to complete his obligated service inaccordance with his contract.  Based on a preponderance of evidence, the Board determined that a correction was appropriate.2.After reviewing the application and all supporting documents, the Board found thatpartial relief was warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected to show:

-The applicant was eligible for SLRP, within the terms of his contract;
-That as long as he remained eligible, he timely submitted required documentsfor payment of authorized student loan debt up to the limits of the program, and;
-That his SLRP be disbursed in accordance with the contract and contingentupon his completion of required obligated service.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to relief in excess of that stated above.



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, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice.  Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3 year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.AR 135-7 (Incentive Programs) chapter 5.1 (SLRP) states this incentive is offered toqualifying non-prior service personnel on signing a contractual agreement for aspecified term of service in the Selected Reserve and executing DA Form 5261-4.Selection of the SLRP incentive and execution of DA Form 5261-4 must be made by theperson when he or she signs a Selected Reserve contractual agreement.  Themaximum amount payable for the SLRP is $20,000.00 for a Soldier who contracts for acritical MOS that has been established by Headquarters Department of the Army.

3.AR 621-202 (Army Educational Incentives and Entitlements) states a Soldier mustserve in the Selected Reserve for the full term of the contractual agreement.  An eligibleSoldiers is one who contracts to serve in the Selected Reserve of the USAR in a MOSand executes a DA Form 5261-4.  Once a Soldier has enlisted, and executed a DAForm 5261-4 to participate in the SLRP, the provisions of the DA Form 5261-4 remain inforce until participation in the SLRP is terminated in accordance with this regulation orthe maximum SLRP benefit has been paid.

4.Department of Defense Instruction (DODI) 1205.21 (Reserve Component IncentivePrograms Procedures), currently in effect, requires each recipient of an incentive to signa written agreement.  The agreement must clearly specify the terms of the ReserveService commitment that authorizes the payment of the incentive.

5.Title 31, USC, section 3702, is the 6-year barring statute for payment of claims bythe government.  In essence, if an individual brings a claim against the government formonetary relief, the barring statute says that the government is only obligated to pay theindividual 6 years from the date of approval of the claim.  Attacks to the barring statutehave resulted in litigation in the U.S. Court of Federal Claims.  In the case of Prideversus the United States, the court held that the ABCMR is not bound by the barringact, that the ABCMR decision creates a new entitlement to payment and the 6 yearsstarts running over again, and that payment is automatic and not discretionary when aABCMR decision creates an entitlement.


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