BOARD DATE: 18 August 2020 DOCKET NUMBER: AR20180010839 APPLICANT REQUESTS: * termination of wage garnishment associated with the Student Loan Repayment Program (SLRP) * refund of overpayments made resulting from an invalid SLRP debt * entitlement to repayment of student loans in compliance with the SLRP APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reservation Print Out, dated 20 June 2006 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 October 2006 * Federal Stafford Loan Master Promissory Note, dated 18 August 2007 * Lee University Academic Evaluation Page 1, 3 and 4 of transcripts, dated 17 August 2010 * USAR Form 26-R (Pay Document Transmittal Letter (TL), dated 10 September 2012 * Web Based Self Service Loan Repayment Program, dated 30 October 2012 * DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 10 September 2012 * DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 27 November 2012 * Note from Defense Finance and Account Service – Indianapolis/ Debt and Claims, dated 25 August 2015 * US Department of Treasury Bureau – Delinquent Debt, dated 4 March 2016 * Hearing Request Administrative Wage Garnishment, dated 9 March 2016 * Notice of Intent to Initiate Administrative Wage Garnishment Proceedings, dated 9 March 2016 * US Department of Treasury Bureau – Delinquent Debt, dated 26 April 2017 * Notice of Intent to Initiate Administrative Wage Garnishment Proceedings, dated 21 September 2017 * US Department of Treasury Bureau – delinquent debt, dated 27 April 2018 * DD Form 2789 (Waiver/emission of Indebtedness Application), dated 15 June 2018 FACTS: 1. The applicant states his wages have been garnished and he wants it amended. He states he does not owe a debt and he was in the Student Loan Repayment Program. He states at the time of his discharge he was in the Student Loan Repayment Program and requests he be restored the wages that were garnished. He realized this error on 26 April 2018. 2. A review of the applicant’s official record shows: a. On 1 August 2005, he enlisted in the USAR for 8 years with entitlement to a $20,000.00 incentive under the SLRP. The contract required a 6 year obligation to serve in the Selected Reserve with the remaining 2 years of military service within the IRR. It also required he contract for completion of initial active duty training and qualification in military occupational specialty 25L which HQDA has approved for a maximum of $20,000 in loan repayments. Section V (Entitlement) states that “the repayment of student loans by the Government is not automatic under the terms of this addendum.” It is the applicant’s responsibility to initiate the request for loan repayments during each year that he/she meets the requirements explained in this addendum, by completing DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) and submitting it to personnel officials in his/her command. It further states that the applicant should arrange for deferment or forbearance with lenders or note holders on loans which are falling due. Section VII (Termination) states that “repayment under SLRP will be terminated should any of the following conditions occur: become a unsatisfactory participant per AR 135-91.” b. On 27 October 2006 a DA Form 214 (Certificate of Release or Discharge of Active Duty) reflective of his completion of Advanced Individual Training (AIT) and he was awarded the 25L Military Occupational Specialty (MOS) effective 27 October 2006. c. On 28 October 2006, the applicant’s iPERMS reflected his MGIB Eligible Status RC: Eligible suspended-awaiting final determination of Unsatisfactory Participation/Performance. Date Start MGIB Eligible RC: 28 October 2006, Date Terminated MGIB Eligible RC: 4 October 2010, MGIB Benefit Recoup Status RC: Unknown. d. On 24 November 2008 (Orders 08-329-00075) he was awarded a Primary MOS of 25U (Signal Support Systems Specialist) and a Secondary MOS of 25L (Cable Systems Installer Maintainer). e. On 1 June 2013, the applicant’s record was flagged for adverse action as reflected in iPERMS. f. On 15 July 2014 (Orders 14-196-00044) he was honorably discharged from the Selected Reserve in accordance with AR 135-178 (Enlisted Administrative Separations). The applicant was held beyond normal discharge date through no fault of the Soldier. His record reflects 8 years of qualifying service towards retirement. g. On 30 November 2018 he enlisted in the Army National Guard in the rank of Specialist (SPC)/E-4 in which he currently serves. 3. The applicant’s record is void of a full copy of the Reservation Print out, student loan payments, documentation detailing the reason for the flag and it is void of his termination of SLRP with recoupment. 4. The applicant provides: a. Reservation Print Out page 1, dated 20 June 2006, is reflective of the applicant enlisting in the Military Occupational Specialty - 25L (Cable Systems Installer Maintainer). The reservation also reflects his incentives as Montgomery GI Bill Kicker ($350), Non-Prior Service Enlistment Bonus of $7,000 and Student Loan Repayment Program for $20,000. b. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 October 2006, see 2 (b). above. c. Federal Stafford Loan Master Promissory Note, dated 18 August 2007, is reflective of the applicant promising to pay back his Federal Stafford Loan. d. Lee University Academic Evaluation Page 1, 3 and 4 of his advisement tool. It shows he was in a Liberal Arts Program with an anticipated graduation date of May 2011. e. USAR Form 26-R (Pay Document Transmittal Letter (TL), dated 1 0 September 2012 submitting his Stafford Loan documentation. f. DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 10 September 2012, reflective of total prior payments being $14,164.63. g. Web Based Self Service Loan Repayment Program application reflecting the original loan of $9,500, dated 30 October 2012. h. DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 27 November 2012, reflective of original loan amount as $5,000.00. i. A note from Defense Finance and Account Service – Indianapolis/ Debt and Claims, dated 25 August 2015, which informed him he had a debt of $4,004.04. The debt was for Student Loan Repayment Plan for the year 2009 through 2014. j. US Department of Treasury Bureau – Delinquent Debt, dated 4 March 2016, informing the applicant as authorized by law, they applied all or part of his federal payment to a debt he owes of $1364.00. k. Hearing Request Administrative Wage Garnishment, dated 9 March 2016, informing the applicant his wages may be garnished and giving him the opportunity to request a hearing. His debt was $5,155.75. l. Notice of Intent to Initiate Administrative Wage Garnishment Proceedings, dated 9 March 2016, stated the applicant owed $5,155.75. His failure to acknowledge the debt would require his employer to garnish his wages by deducting up to 15% from his disposable pay each pay period until his debt was paid in full. m. US Department of Treasury Bureau – delinquent debt, dated 26 April 2017, states as authorized by law, they applied all or part of his federal payment to a debt he owes. n. Hearing Request Administrative Wage Garnishment, dated 21 September 2017, informing the applicant his wages may be garnished and giving him the opportunity to request a hearing. His debt was $2,271.01. o. Notice of Intent to Initiate Administrative Wage Garnishment Proceedings, dated 21 September 2017, stated the applicant owed $2,271.01. His failure to acknowledge the debt would require his employer to garnish his wages by deducting up to 15% from his disposable pay each pay period until his debt was paid in full. p. US Department of Treasury Bureau – delinquent debt, dated 27 April 2018, is reflective of a portion of the applicant’s debt being paid through a federal payment. The original payment was $942.00. q. DD Form 2789 (Waiver/emission of Indebtedness Application), dated 15 June 2018, wherein, the applicant is requesting a hearing to stop garnishing his wages because he had SLRP when he enlisted, and he did not owe the debt. 5. See regulatory guidance below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request for termination of wage garnishment associated with the Student Loan Repayment Program (SLRP), refund of overpayments made resulting from an invalid SLRP debt, and entitlement to repayment of student loans in compliance with the SLRP. However, the Board found insufficient evidence that the applicant complied with his SLRP contract. The applicant did not serve the full enlistment term in the required MOS, he received failing grades, he moved from Ohio to Minnesota, he received unsatisfactory attendance, and was flagged for adverse action in June 2013. Therefore the Board found no basis on which to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X 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. 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. DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement stating 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. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 2. Army Regulation (AR) 135-7 (Incentive Programs) chapter 5-1 (SLRP) states this incentive 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 DA Form 5261-4. Selection of the SLRP incentive and execution of DA Form 5261-4 must be made by the person when he or she signs a Selected Reserve contractual agreement. The maximum amount payable for the SLRP is $20,000.00 for a Soldier who contracts for a critical MOS that has been established by Headquarters Department of the Army. 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010839 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1