ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 









APPLICANT REQUESTS:  

.payment of his loan with the Student Loan Repayment Program (SLRP)

.personal appearance before the Board



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,U.S. Code, section 1552 (b); however, the Army Board for Correction of MilitaryRecords conducted a substantive review of this case and determined it is in the interestof justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.He is requesting review for a student loan that was not paid by the Army due tomissing paperwork.  He joined the Army in October 2010 and was injured in Afghanistan in 2012 while deployed.   

b.When he joined the Army, he enrolled in the SLRP option and was supposed tohave $65,000 of college loans paid.  He submitted paperwork and loans were paid, but since paperwork was missing from Towson University, the Army never received the paper for loan repay.  Towson stated they sent the paperwork in.   

c.Since he was injured and treated at Fort Belvoir and Walter Reed through alengthy medical process, he never received notice from Towson or the Army about the situation.   Towson was under the assumption they would be paid the loan which was $6,659.75. 

d.Towson sent the applicant a letter while he and his wife were stationed in NewYork City, as she is in the Marine Corps, which stated he was being sued and could not 
receive his official transcript when he requested it in November 2017.  He had to go back and forth with the State of Maryland attorneys to justify the issue. 

e.Towson was suing him and wanted him served, but after explaining the issue andspeaking with Towson, the issue was put on hold until it could be resolved.  He contacted the Army SLRP, which only paid $56,000 of loans, and they processed the paperwork stating there was miscommunication.   Since he was over the 6 year mark, he needed to appeal to the Board to have the $6,659.72. 

f.He feels this was a very unfair and unjustified situation since he was injured andthen never received notice about the missing paperwork.  He gave four years of service and suffered greatly from his injuries.  For him to go into more debt would be tragic.   

2.The applicant's available service records contain the following documents for theBoard's consideration:

a.A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates), which shows the applicant enlisted in the United States Army Reserve on 30 June 2010 in the delayed entry program.   

b.On 6 October 2010, he enlisted in the Regular Army.

c.A Statement for Enlistment United States Army Enlistment Program, dated
10 April 2010, shows the applicant enlisted for the SLRP and he understood: 

.he must disenroll from the Montgomery GI Bill or he would not be eligible forthe SLRP

.only qualifying student loans that existed prior to his entry on active dutywould be repaid by the Army

.before entering active duty and during the repayment process, the loans mustnot be in default

.he is responsible for obtaining a deferment/forbearance, or ensure their loansremain in good standing throughout the repayment process\

.he would earn his first loan repayment upon completion of a full year of activeduty

.additional payments would be made for each full year thereafter up to 3 years

.payments were subject to federal and state income taxes

.if he was separated from active duty prior to his initial term of service, it wouldaffect possible future payments

.in accordance with the lender’s promissory note and the laws governingfederally guaranteed student loans, he must keep the loan holder/lenderinformed of nay changes in personal data, e.g. address, occupation, changesin military service, etc.

.the loan holder/lender does not supply information to the Army

. the SLRP would not pay loans in excess of $65,000 regardless of the amountof student loans



c.DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated
24 September 2015, which shows the applicant was found physically unfit and recommended a rating of 50 percent and that he be permanently retired due to disability. 

d.Order D280-14, published by US Army Physical Disability Agency, dated
7 October 2015, which removes the applicant from the Temporary Disability Retired List and transferred him to the Permanent Disability Retired List effective 7 October 2015.   

3.The applicant's service record is void of any documentation regarding his studentloans or payment of his student loans.

4.The applicant did not provide documentation for the Board's Consideration.

5.Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearingbefore the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by theDirector of the ABCMR.

6.See applicable references below.

BOARD DISCUSSION: 




After reviewing the application and all supporting documents, the Board found that relief was not warranted.  The record is void of and the applicant did not provide documentation regarding his student loan debt or payments made by the Army to date.  The Board found insufficient independent corroborating evidence of the applicant’s student loans that would have been paid through the SLRP.  Per the applicant’s Statement for Enlistment United States Army Enlistment Program, dated  10 April 2010, on which the applicant enlisted for the SLRP, the Army would only pay for his student loan debt incurred prior to his entry on active duty.    2.The Board carefully considered the applicant's request for a personal appearance.In this case, the Board rendered a fair and equitable decision based on the evidenceprovided and available in the record.  As a result, a personal appearance hearing is notnecessary to serve the interest of equity and justice in this case.
BOARD VOTE: 

Mbr 1  Mbr 2  Mbr 3 

: :: GRANT FULL RELIEF 

: ::  GRANT PARTIAL RELIEF 

: ::  GRANT FORMAL HEARING 

:::  DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 


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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof limitations if the ABCMR determines it would be in the interest of justice to       do so.

2.Army Regulation 15-185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.The ABCMR may, in its discretion, hold a hearing or request additional evidence oropinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right toa hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearingwhenever justice requires.

3.Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) inTable 9-4, Program 9-C, U.S. Army Incentive Enlistment Program (EnlistmentBonus/Army College Fund/Loan Repayment Program) states the government will repaydesignated portions of any loans incurred that was made, insured or guaranteed underpart B of the Higher Education Act of 1965 (Guaranteed Student Loan) or any loanunder part E of such act (National Direct Student Loan) after 1 October 1975 and beforeenlistment into the Regular Army.  The applicant must meet and maintain the prescribedprerequisites.  Repayment of loans is made on the basis of each year of satisfactoryservice performed commencing on the date of RA enlistment.  Soldiers must remainqualified and in the incentive MOS for the duration of the initial enlistment, unlessotherwise directed by HQDA.
4.The United States Army offers the Loan Repayment Program (LRP) for servicemembers who sign up as new recruits (and not prior-service military) for three years ormore into active duty.  Some other requirements of the Army’s LRP include (but are notlimited to):
a.The soldier must have Loan Repayment Program guaranteed in writing in theenlistment contract

b.The soldier must have a high school diploma;

c.A score of 50 or higher on the Armed Services Vocational Aptitude Battery isrequired

d.The new recruit is required to enlist in one of the critical MOSs that qualifies forthe program (Local Army recruiters have the list and is updated quarterly).


Under this program the soldier is required to disenroll from the GI Bill, which is a very important factor to consider when exploring options under LRP, which is intended only for student loans “made, insured, or guaranteed prior to entry on active duty.”