BOARD DATE: 30 July 2020 DOCKET NUMBER: AR20190014816 APPLICANT REQUESTS: in effect, an exception to policy (ETP) for payment of his Selected Reserve Incentive Programs (SRIP) contract, Student Loan Repayment Program (SLRP), dated 16 May 2013. * payment of $3,993.75 (final payment) * payment of spouse's (wife) student loans totaling $40,000 if the ETP or final payment is disapproved APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Addendum to DD Form 4 (Approval and Acceptance by Service Representative for Interstate Transfer in the Army National Guard, dated 15 August 2014 * Enlistment – Reenlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment, dated 16 May 2013 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 – Student Loan Repayment Program Addendum ARNG of the United States), dated 16 May 2013 * Orders 120-705, Military Department of Nebraska, dated 30 April 2019 * memorandum(2), Joint Force Headquarters (HQ), dated 10 July 2019 * letter, National Guard Bureau (NGB), dated 25 September 2019 * letter, Office of Congressman Don Bacon, dated 7 October 2019 * document (6), National Student Loan System (NSLDS) for Students, undated * emails from 12 September 2019 to 17 September 2019 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 effect, he did not receive payment for his SLRP payment, which was contracted for 15 percent payments at the end of each good year. He contends his student loans have been paid off earlier in the year although the ARNG regulations provide loans, which are in default or that are paid off will not be paid so the payments needed to happen. He believes he was unfairly denied the SLRP incentive. a. The letter from the NGB shows he should have received a final payment of $3,993.75. He also contends documents he received state "The ARNG-HRM is reviewing this case to determine why Specialist "M" was not notified of this action by the NEARNG sooner." b. An email he received shows the regulations that apply to his ETP and request for payment of the final payment. c. If it is not possible for him to receive the payment(s), his wife has roughly $40,000 of student loans and if possible, he would like payments for her loans. 3. On 16 May 2013, the applicant enlisted into the Nebraska ARNG (NEARNG) for a six year period. He authenticated and the appropriate authority certified his Annex L to DD Form 4, which was for a qualification of 09S (Commissioned Officer Candidate) for non-prior service (NPS) SLRP. The SLRP addendum provides: a. Section II – Eligibility: he must fill a valid Automated Unit Vacancy System (AUVS) position in the Recruit Quota System (REQUEST) and enlist into either an enlisted or officer position in a Modified Table of Organization and Equipment (MTOE) or Medical Table of Distribution and Allowances (TDA) unit only. He must upon being commissioned accept a valid vacancy in an Area of Concentration (AOC) as the primary position holder not filling an excess or over-strength position and exception are not authorized. * he furnished SLRP supporting documents to the State Incentive/SLRP Manager to validate his eligibility for the 09S SLRP incentive * he provided a copy of his Department of Education (DoED) National Student Loan Data System (NSLDS) summary sheet * he provided a copy of his NSLDS detail loan information sheet(s) * he acknowledged he had one or more qualifying or disbursed Title IV Federal loan(s) not in default at the time of enlistment and State or private loans are not eligible for repayment under the 09S SLRP program * he understood that only loans that have been disbursed prior to his date of enlistment were eligible for repayment under the contractual period * he had five disbursed loans existing in the amount of $26,625 and the total amount for qualifying loans would not exceed $50,000 with annual repayments of 15 percent of the original balance of the loans plus interest or $500 plus the accrued interest * he understood he must complete the Basic Officer Leadership Course (BOLC) within 24 months upon successful completion of Officer Candidate School (OCS) * NPS 09S applicant data: * military occupational specialty (MOS) – "09S1O" * paragraph/line – "104/04" * unit identification code (UIC) – "WPQHA1" * unit name – "DET 1 754TH" * unit vacancy control number – "(UVCON):920007" b. Section III – SLRP Payment: shows the SLRP amount and payments will be as per the Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2013 (Policy Number 13-01). The SLRP payments would apply to him as follows: * payments on loans that have a remaining outstanding balance less than the maximum yearly repayment will only be eligible for that amount and loans with a zero balance were not eligible for payment; maximum annual payment would not exceed 7,500 dollars * loans must be one year or older on the anniversary date to be eligible for repayment * payments would be process on the anniversary month of his enlistment for each satisfactory year of service, subject to availability of funds * loan(s) in default at the scheduled annual payment date would not be processed and repayment of loans in default may be eligible the following anniversary date provided the loan(s) are not in default at that time * he must continue to make any monthly payments on his loan(s) * he understood SLRP anniversary payments were not processed automatically and he must continue each year to meet all requirements, including qualification to be verified by the State Incentive/SLRP manager (SIM) * he was required each year to complete the following actions to initiate the repayment process otherwise he would not be eligible for payment: * receive DD Form 2475 (DoD Educational Loan Repayment Program Annual Application) from the SIM within 90 days prior to his anniversary payment date and complete the required sections for accuracy or update * submit DD Form 2475 for section 4 completion by the lender (only) and lender's submission to SIM * he must submit NSLDS summary sheet and NSLDS detail sheet(s) no more than 90 days from his enlistment anniversary date * if a previous year anniversary payment was not requested he must provide an updated NGB Form 23a (Army National Guard Current Annual Statement) * he understood SLRP payments were made to the financial institutions only and that he shall not be reimbursed any amount(s) paid by him or any other person or agency on his behalf c. Section V – Continued Receipt: shows the 09S NPS SLRP incentive may be eligible for continued receipt under the following conditions: * paragraph 1a provides – AOC change due to normal career progression and he must remain in the same career management field (CMF) as the primary position holder for the entire length of the service obligation (command moves are the only authorized exception) * Involuntarily transferred between Army Reserve Component due to unit transition * AOC is changed due to unit transition, inactivation, relocation, reorganization or conversion * mobilization for deployment * returns from an authorized period of non-availability and extends his enlistment contract to cover the period of non-availability within 90 days d. Section VI – Termination: shows 09S NPS SLRP incentive: * may be terminated with recoupment for any of the following reasons: * failure to accept a commission within three years of his enlistment * failure to complete BOLC within two years after completion of OCS * may be terminated without recoupment for any of the following reasons: * any break in service except for authorized periods of non-availability * voluntary changes of enlistment AOC during the contractual obligation unless Section V – Continuous Receipt, paragraph 1a applies * he failed to extend for the period of service while in an authorized period of non-availability within 90 days of returning back to active drilling status * he is placed into SIDPERS/IMARC/GIMS excess code 9993 * two consecutive record Army Physical Fitness Test (APFT) and/or body fat standards failures * fails to maintain medical and dental readiness * loses his MOS qualification due to denial/removal of required security clearance e. Section VIII – Statement of Understanding: * he acknowledged he read the entire 09S SLRP and understood all of the statements concerning his enlistment incentive * he understood that his loan(s) were not the responsibility of the government and he was responsible for maintaining his loan(s) in good standing * he understood the ARNG would not process anniversary payments on defaulted loan(s) * he understood he was solely responsible for coordinating forbearance and deferments with his lenders and lenders do not have to grant forbearance * he understood he was responsible for ensuring a completed DD Form 2475 and NSLDS documentation have been received by the SIM prior to each anniversary date * he understood he was responsible to update the SIM with any changes relating to his loan(s), account numbers, lender information, educational institution, and anticipated payout schedule * he understood if he encountered problems with his 09S SLRP repayment he was responsible for contacting his unit commander or his representative for assistance or guidance 4. Orders 3140012, Military Entrance Processing Station (MEPS), dated 20 May 2013, show the applicant was ordered to initial active duty for training (IADT) for MOS 09S1O. His DD Form 220 shows he entered active duty on 3 September 2013 and departed from the duty station on 14 November 2013. 5. Orders 4086005, MEPS, dated 25 March 2014, show the applicant was ordered to active duty for advanced individual training (AIT) for MOS 74D training. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 27 March 2014 to 11 June 2014 shows: * block 8a (Last Duty Assignment and Major Command) – "CO C 84TH CM BN TR TC" * block 9 (Command To Which Transferred) – "ARNG OF NE" * block 11 (Primary Specialty) – "74D1O CHEMICAL OPS SP – 00 YRS 00 MOS" 6. On 11 August 2014, the applicant voluntarily transferred interstate (IST) to the Florida ARNG (FLARNG) for the period remaining on his enlistment with an expiration term of service (ETS) of 15 May 2019. His NGB Form 22-5 (Addendum to DD Form 4 – Approval and Acceptance by Service Representative for Interstate Transfer in the ARNG) shows: * the applicant and the enlisting officer acknowledged (authenticated) his contractual agreements for IST transfer * item 4 (Primary MOS (PMOS)) – 74D1O * item 5 (Critical Skill) – "YES" * item 6 (Bonus Type) – "N/A" * item 10a (Current Unit of Assignment) "754TH CHEMICAL, UNIT DET I" * item 12a (New unit of Assignment) "1218TH TRANSPORTATION COMPANY" * item 13d (Duty MOS (DMOS)) – shows 74D1O was lined through and 88M1O (Motor Transport Operator) was listed by a hand written entry * item 17 (Signature of Soldier) – shows the applicant authenticated on 11 August 2014 * item 18 (Signature of Unit Representative) – shows the appropriate representative authenticated on 14 August 2014 7. Orders 226-706, Office of the Adjutant General, dated 14 August 2014, shows the applicant was transferred (IST) and released from "CBRN SP DET 1 754TH RECON/DECON CO" (NEARNG) to "74D1O 1218th Transportation Company" (Florida Army National Guard (FLARNG)). * effective – "11 August 2014" * purpose – "IST from NEARNG to FLARNG" * assign/loss reason – "GAINED TO THE ARNG OF ANOTHER STATE OR A USAR UNIT (GA)" * duty position qualification – "QUALIFIED" 8. Orders 306-002, Office of the Adjutant General, dated 2 November 2014, shows the applicant's duty as: * assigned – "DUTY POSITION: CBRN SP MOS/SSI: 74D1O PARAGRAPH – LINE: 101-07" * duty relieved from – "DUTY POSITION: HEAVY VEHICLE DRIVER MOS/SSI: 88M1O PARAGRAPH-LINE: 104-04" * effective date – "2 November 2014" * text – if Soldier is receiving any type of SRIP unit must submit DA 2446 and request termination of pay prior to approval of transfer or reassignment; Soldier must inform their unit when receiving SRIP and no longer performing the duties to receive the pay actions 9. Orders 120-705, Office of the Adjutant General, dated 30 April 2019, show the applicant was discharged from the ARNG, and assigned to USAR Control Group (Reinforcement) on 15 May 2019. * type of discharge – Honorable * assignment/loss code – completion of 6 years ready reserve obligation 10. The applicant's enlisted records brief (ERB), dated 16 May 2019, shows: * section I (Assignments Information) – * primary MOS (PMOS) – 74D * flag code – J (APFT failure), dated 8 September 2017 * section IX (Assignment History) – * assignment (5th Previous) – on 18 August 2014 he was assigned to "P9FAA (UIC) 1218TH TRANS CO (CARGO)" as a heavy vehicle driver -48 (DMOS 88M1O) * assignment (3rd Previous) – on 23 September 2015 he was assigned to "PV799 189TH TRANS CO (AUG TDA)" as a "CBRN SP" in DMOS 74D1O 11. A letter, National Guard Bureau, dated 25 September 2019, shows the Honorable "DB," United States House of Representatives, was informed of the circumstances concerning the applicant's SLRP incentive. * his SLRP contract was violated due to an IST from NEARNG to FLARNG and a reclassification to MOS 88M1O (Motor Transport Operator) * although his SLRP incentive was terminated correctly he should have received a final payment of $3,993.75 * he was notified by the NEARNG Incentives Office of the intent to terminate his SLRP incentive contract for the aforementioned reasons * the case is under review to determine why he was not notified sooner than 25 August 2019 * his student loans were paid off and it is not authorized to repay service members directly for loans or repay lenders for loans that have a zero balance 12. The applicant provides the following: a. A memorandum, Joint Force Headquarters, dated 10 July 2019, with a suspense date of 24 August 2019, which shows notification of incentive (SLRP) eligibility termination for voluntarily transferring out of his contracted unit. His termination date was listed as 11 August 2014 with authority to establish debt under the provisions of "31 U.S.C. Section 3702." * he was determined to be eligible to submit an exception to policy (ETP) request through his unit support personnel to the SIM * failure to submit an ETP in 45 days would result in immediate termination and/or recoupment of his incentive (SLRP) b. A letter from a Senior Constituent for Military Affairs, Office of Congressman "DB, BG-USAF (Retired)," dated 7 October 2019, which was provided to him to show his service period for the ARNG and circumstances relating to his SLRP incentive. c. Internet based documents (emails) which show his correspondence concerning his SLRP and a congressional inquiry with the appropriate representative(s). d. NSLDS documents, which show his student loan(s) owed to lenders for education programs under his SLRP contract. 13. 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. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. 14. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs), in effect at the time, provides policies, and implementation of Selected Reserve Incentive Programs (SRIP). The regulation sets responsibilities, lists benefits, describes eligibility criteria and entitlement, sets suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. Section VII, Student Loan Repayment Program (SLRP) provides guidance for eligibility, termination, and policy requirements for the incentive. 5. ARNG Selected Reserve Incentive Programs (SRIP) Policy for FY 13, Effective 1 January 2013 through 30 September 2013, provides guidance for incentives and under the provisions of paragraph 17 (The Student Loan Repayment Program (SLRP)) the policy shows the requirements for the SLRP incentive. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board noted the explanation provided in the National Guard Bureau letter dated 25 September 2019 and agreed that the applicant had taken an action that had the effect of terminating his SLRP contract. The Board determined there is no error or injustice in the termination of this incentive contract. 3. The Board also noted, however, that the National Guard Bureau advised him that a final payment of $3,993.75 should have been made on his student loans prior to the termination of his contract. The Board determined that, as a matter of equity, the applicant should be paid the amount specified. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized a payment of $3,993.75 and paying that amount to him. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 31, United States Code, section 3702 (Authority to settle claims), states: a. Except as provided in this chapter or another law, all claims of or against the United States Government provides the Secretary of Defense shall settle: * claims involving uniformed service members’ pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits * claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense b. A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except— * as provided in this chapter or another law * a claim of a State, the District of Columbia, or a territory or possession of the United States 3. 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. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. 4. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs), in effect at the time, provides policies, and implementation of Selected Reserve Incentive Programs (SRIP). The regulation sets responsibilities, lists benefits, describes eligibility criteria and entitlement, sets suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. Section VII, Student Loan Repayment Program (SLRP) provides: a. Paragraph 2-23 (General) – Public Law 99-145, section 671(a)(1), and Title 10 USC 16301 authorizes the education loan repayment program for qualified members of SELRES enlisted personnel with loans made, insured, or guaranteed under part B of Title IV of the Higher Education Act of 1965 (Title 20 USC 1071 et seq.), any loan made under part D of such title (Title 20 USC 1087a et seq) or any loan made under part E of such title (Title 20 USC 1087aa et seq). Repayment of any such loan will be made on the basis of each complete year of service performed by the borrower. b. Paragraph 2-25 (Eligible loans), states loans that are eligible for repayment must be stipulated under Title 10 U.S.C Section 16301. SLRP qualifying loans will be per current FY SRIP policy. (1) The total amount that will be repaid on all loans on behalf of any member under this program will not exceed the program maximum amount authorized by FY SRIP policy at time of signature. (2) Loan(s) in default at the time of enlistment, reenlistment, or extension are not eligible for repayment under this program. (3) Loans that fall into default prior to, and remain in default at the time of the scheduled annual payment will not be processed at that time. Repayment of loans that fell into default may be eligible for repayment on the following anniversary date provided they are not still in default. It is the Soldier’s responsibility to ensure loans do not go into default. (4) Loans must be one year old or older before payment may be processed. c. Paragraph 2-27 (Entitlement), states repayment of such loan(s) annotated in Section 2-25 shall be made on the basis of each complete year of service performed by the borrower. (1) The portion or amount of a loan that may be repaid under Section 2-25 is 15 percent or $500, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year. (2) A lender or note holder may consolidate all previous loan(s) into a new note each time a Soldier obtains a new loan to cover the current year’s expenses or when the note is sold to a new lender. However, when the Soldier reaches the anniversary date and the loan is still not at least 12 months old, disbursement will be made based on that portion of the consolidation loan (the original principal plus interest) which is 12 months old when the Soldier reaches his/her anniversary date. (3) Nothing in this section will be construed to authorize refunding any repayment of a loan. This includes payment made against the loan by any individual or agency, including the member. (4) Complete processing steps can be found in the incentives management system user guide. Information on where to find this user guide can be found in the current FY SRIP policy in effect. d. Paragraph 2-28 (Soldier responsibilities) – (1) Provide copies of loan documentation as stated by current FY SRIP policy to Retention NCO or unit administrator. (2) Complete Annual Loan Repayment DD Form 2475 (DoD Educational Loan Repayment Program) each anniversary year upon receipt from Incentive Manager, or unit administrator. (3) Maintain current mailing address on file with the government. (4) Maintain loan account(s) in good standing. The government will not make payment(s) on defaulted loans. (5) Update State Incentive Office when changes occur to the loan(s) (i.e. account number, lenders name, and address). e. Paragraph 2-35 (Termination of incentives), states incentive eligibility will be terminated when any of the termination reasons listed in paragraph 1-24 through 1-26 apply and that member will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. * Paragraph 1-24 (Termination of incentives) * Paragraph 1-25 (Termination with recoupment of incentives) * Paragraph 1-26 (Termination without recoupment) 5. Army Regulation 621-202 (Army Educational Incentives and Entitlements), in effect at the time, provides the regulation establishes a reference for educational incentives and entitlements authorized by public law. Chapter 3 (Loan Repayment Program) – a. Paragraph 3-4 (Student loan deferment), states enrollment in the LRP does not exempt a soldier from the obligation to repay the loan. The Soldier remains responsible to secure a deferment from the lender. The letter by itself does not secure deferment. The lender must acknowledge and approve all requests for deferments. b. Paragraph 3-5 (Loans in default), states the Army will not repay loans or portions of loans that are in default. It will not repay delinquent payments, their interest, and associated charges. The Army will not make payments to soldiers and will not reimburse soldiers for payments made by them or any other individual. c. Paragraph 3-6 (Entitlements), states LRP Soldiers earn the first loan repayment after completion of a full year of enlisted service. For each year of initially contracted service, the Army will repay thirty-three and one third percent or $1,500, whichever is greater, on the remaining outstanding principal balance as stated on the promissory note. The Army will not pay more than the outstanding principal amount borrowed or the principal balance remaining when the soldier enters active duty. 6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. a. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The Army, by law, may pay claims for amounts due to applicants as a result of correction of military records. 7. ARNG Selected Reserve Incentive Programs (SRIP) Policy for FY 13, Effective 1 January 2013 through 30 September 2013, provides for paragraph 17 (The Student Loan Repayment Program (SLRP)) – a. The recipient/Soldier must have one or more qualifying and disbursed Title IV Federal loans that are not in default at the time of enlistment or reenlistment/extension. Federal Parent Loans for Undergraduate Students (PLUS loans) for student use only are eligible for repayment as long as the loans are in the service member's name. The loans must be listed on the Department of Education National Student Loan Data System (NSLDS) Aid Summary website sheet. State and private loans are not eligible for repayment under the SLRP program. b. The current lifetime maximum amount for the SLRP/09S programs to be repaid is 50,000 dollars. The contract effective date also establishes the SLRP/09S anniversary repayment date (month). If the Soldier enters into a period of non-availability, the anniversary date will be adjusted accordingly. A Soldier who reenlists/extends will be eligible for repayment on the anniversary date of his or her reenlistment/extension contract start date. c. The recipient must not be enlisting as/for a Non-09S SLRP OCS candidate, 09R SMP cadet, RFP Soldier, Active First, GED Plus Program, GNPS, or have previously received SLRP or an ROTC Scholarship. d. Payment – (1) Payments for SLRP/09S incentive contracts issued under this policy will not exceed $50,000 with annual repayments to include interest not exceeding $7,500 as established by law. (2) A Soldier must be DMOSQ in order to receive SLRP/CHLRP repayment (exception authorized for 09S). A PS Soldier receiving SLRP that is required to attend BCT is not to be considered DMOSQ until completion of BCT. (3) Each individual loan must be at least 1 year old on the anniversary date of the enlistment, affiliation, or reenlistment/extension. (4) Anniversary SLRP payments will not exceed 15 percent or $500 (whichever is greater) of the initial disbursed amounts that were approved upon the date of enlistment, affiliation, or reenlistment/extension, to include accrued interest. Payments on loans having outstanding balances that are less than the maximum yearly repayment amount will be eligible for that amount only. Loans that have zero balances will not be eligible for payment. (5) The Soldier must continue to make monthly payments (if required) to ensure loans do not go into a default status. Loans that are in default at that time of the scheduled annual payment anniversary date will not be processed. Repayment of loans that are in default may be eligible on the following anniversary date provided the loans are not in default at that time. Exception: The Soldier provides a written statement from his or her lender(s) substantiating the claim that the loans are not in default and refuting the NSLDS report. (6) The lender information must be verified annually against the NSLDS documents and/or promissory note and disbursement sheet documentation. The documents must not be older than 90 days from the scheduled anniversary payment date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014816 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1