ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 April 2020 DOCKET NUMBER: AR20190010649 APPLICANT REQUESTS: Reinstatement of his entitlements under the Student Loan Repayment Program (SLRP) incentive and receive all money previously recouped. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .Certificate and Acknowledgement United States Army Reserve ServiceRequirements and Method of Fulfillment dated 29 March 2012 .DD Form 214 (Certificate of Release or Discharge from Active Duty) dated4 October 2012 .Defense Finance and Accounting Services (DFSA) Debt and Claims Notice ofDebt dated 18 October 2018 .Department of Treasury Notice of Debt dated 13 March 2019 .United States Army Reserve Command (USARC) letter dated 15 May 2019 FACTS: 1.The applicant states that when he enlisted in the United States Army Reserve(USAR) he received $20,000.00 SLRP incentive in connection with a six year serviceobligation. He is currently in the Individual Ready Reserve (IRR) and having his wagesgarnished, recouping $6000.00 for monies previously paid out under the SLRP. Todate, he has not received the full $20,000.00 and his pay is currently being impacted asthe amount of money previously paid is being recouped. 2.A review of the applicant’s available service records reflects the following: a.On 29 March 2012 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. 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. a.On 21 November 2012 (Order# 12-326-00085) due to his completion ofAdvanced Individual Training (AIT) he was therefore awarded the 92F Military Occupational Specialty (MOS) effective 4 October 2012. b.On 16 March 2018 (Orders 18-075-00017) he was released from the SelectedReserve and transferred into the IRR effective 28 March 2018. His records reflect 6 years of qualifying service towards retirement. c.On 31 March 2020 (Order# D-03-006953) he was discharged from the Army. 3.The applicant provided the following documents in support of his request: a.Certificate and Acknowledgement United States Army Reserve ServiceRequirements and Method of Fulfillment dated 29 March 2012 reflective of his contractual agreement to serve for 6 years as an assigned member of a Troop Program Unit in the Selected Reserve and 2 years in the Individual Ready Reserve with entitlement to receive NPS MGIB Kicker of $200.00, a Non Prior Service Enlistment Bonus of $2000.00 and SLRP entitlement of $20,000.00. b.DD Form 214 (Certificate of Release or Discharge from Active Duty) dated4 October 2012 reflective of his service on active duty from 8 May 2012 to 4 October 2012. c.Defense Finance and Accounting Services (DFSA) Debt and Claims Notice ofDebt dated 18 October 2018 reflective of the applicant owing a total of $6,138.22 in overpaid military pay and allowances previously received in association with student loan payments made during fiscal years (FY)13 to FY17 d.Department of Treasury Notice of Debt dated 13 March 2019 reflective of theapplicant having a debt to the US Government for $8,006.22. e.United States Army Reserve Command (USARC) letter dated 15 May 2019 inresponse to a Congressional Inquiry stating in part that the Army Reserve Pay Center (ARPC) having conducted an audit on the applicant’s records determined that the entitlements that he received between 2013 and 2016 totaling $6,548.22 were paid in error because his loan was in default. Further stated is that the applicant was required to provide documentation showing when his loan entered into default to which he failed to provide. As such, since the requested documentation was not provided, the ARPC considered the collection to be valid. 4.The applicant did not provide nor does review of his available military records reflecthis loan payment history or current status. 5.Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements)states that the Army will not repay loans or portions of loans that are in default or makepayments on delinquent accounts. The Army will not pay interest (including capitalizedinterest), nor will the Army pay any associated charges or fees. The Army will notreimburse Soldiers for payments made by them or any other individual. Payment maynot be made on a loan that is in default. Payment may be resumed when the loanreturns to good standing but will not be made for the time that the loan was in default. 6.See applicable guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. The Board noted that the debt was based on entitlements received between 2013 and 2016 totaling $6,548.22 which were paid in error because his loan was in default. The applicant was required to provide documentation showing when his loan entered into default which he failed to provide. As such, since the requested documentation was not provided, the ARPC considered the collection to be valid. 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.Department of Defense Instruction 1205.21 (Reserve Component Incentive ProgramProcedures) provides guidance regarding the Reserve Component Incentive Program.It states in paragraph 6.2, as a condition of the receipt of an incentive covered by thisInstruction, each recipient shall be required to sign a written agreement stating that themember has been advised of and understands the conditions under which continuedentitlement to unpaid incentive amounts shall be terminated and which advancepayments may be recouped. The Instruction provides examples of the writtenagreements. 2.Army Regulation (AR) 135-7 (Incentive Programs) chapter 5.1 (SLRP) states thisincentive is offered to qualifying non-prior service personnel on signing a contractualagreement 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. 3.AR 621-202 (Army Educational Incentives and Entitlements) states that the Army willnot repay loans or portions of loans that are in default or make payments on delinquentaccounts. The Army will not pay interest (including capitalized interest), nor will theArmy pay any associated charges or fees. The Army will not reimburse Soldiers forpayments made by them or any other individual. Payment may not be made on a loanthat is in default. Payment may be resumed when the loan returns to good standingbut will not be made for the time that the loan was in default. 4.Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins itsconsideration of each case with the presumption of administrative regularity. Theapplicant has the burden of proving an error or injustice by a preponderance of theevidence. NOTHING FOLLOWS