IN THE CASE OF:  

		BOARD DATE:  24 September 2021

		DOCKET NUMBER:  AR20200009557


APPLICANT REQUESTS:  

*	retroactive enrollment in the Student Loan Repayment Program (SLRP)
*	personal Board appearance

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, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (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 pertinent part that when he enlisted in the Army National 
Guard (ARNG) in September 2016, he believed that he would receive SLRP payments 
from the Indiana ARNG (INARNG). He contests that he was not advised to sign any 
contract or paperwork that would essentially entitle him to receipt of SLRP payments. 
Had he known this, he would have without question, wanted to utilize the benefits that 
the military provides and contracted accordingly. He spoke to Staff Sergeant (SSG) C_, 
the INARNG Selective Reserve Incentives Program (SRIP) manager who advised him 
to submit a request for relief to this Board. SSG C_ reviewed the applicant's personnel 
records and noted that there was no reason why he should not have received payments 
and therefore concluded that he was wrongfully not signed up for the SLRP program. 
The applicant further argues that he has been led in a couple of different directions, but 
believes that this has been the closest that he has gotten to receiving the resolution of 
his concern. At the time of his application, the applicant had completed 4 years of 
service and believes that he is due 4 payments totaling 60 percent of his initial student 
loan debt (at a rate of 15 percent annually). 

3.  A review of the applicant's available service records reflects the following: 

   a.	On 7 May 2016, the applicant was awarded a Bachelor's of Science Degree from 
Ball State University. 

   b.	On 26 September 2016, the applicant enlisted in the ARNG for 8 years with 
entitlement to the Montgomery G.I. Bill. At the time of his enlistment, the applicant 
completed the Guard Annex (Enlistment/Reenlistment Agreement Army National Guard 
Service requirements and Methods of Fulfillment). Section VII (Addendums) reflects the 
Montgomery G.I. Bill Incentive. This area is void of information pertaining to the SLRP. 
Section VIII (Statement of Acknowledgement and Understanding) provides that the 
applicant acknowledged understanding that the statements provided are intended to 
constitute all promises and guarantees whatsoever concerning his enlistment. No other 
(verbal or otherwise) promise or representation not annexed to his enlistment contract 
were valid or would be honored.

   c.	On 30 September 2017, the applicant was appointed a Reserve commission. 

   d.	On 9 July 2018, the National Guard Bureau (NGB) issued Special Orders 
Number 150 extending Federal recognition of the applicant's initial appointment as a 
commissioned officer within the INARNG with an effective date of 30 September 2017.

3.  The applicant did not provide additional supporting documentation.

4.  The applicant's records are void of any record of an NGB Form 600-7-5-R-E (Annex 
L to DD Form 4 - Student Loan Repayment Program Addendum) or a DA Form 5261-4-
R (Student Loan Repayment Program Addendum) for review.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. Board members noted that there is no evidence the applicant signed 
Annex L (Student Loan Repayment Program Addendum) or a DA Form 5261-4-R 
(Student Loan Repayment Program Addendum). Additionally, there is no evidence the 
applicant addressed this issue through the State Incentive Manager to the Joint Forces 
Headquarters or the NGB.  for review.  




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XXX:	XX:	XX:	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.1.  

		  
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 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 ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 135-7 (Incentive Programs) provides that to be eligible for the 
SLRP incentive, a person must contractually obligate himself or herself to serve 
satisfactorily. A person must serve in the Selected Reserve for the full term of the 
contractual agreement per paragraph. The SRIP Enlistment Bonus, and the Student 
Loan Repayment Program (SLRP) incentives may be granted to a Soldier who meets 
the required eligibility criteria and who has the credentials of a high school diploma 
graduate.

   a.	Officer, warrant officer, and enlisted applicants for programs administered by this 
regulation will be required to sign documents which specify the eligibility criteria and the 
term of service for the desired entitlement or incentive. Furthermore, the document will 
contain an acknowledgment that the applicant has been advised of, and understands, 
the benefits of the program and the conditions which can cause termination and 
recoupment, if applicable. These documents must be authenticated by a proper 
witnessing official and will include the preparation date.

   b.	Selection of the SLRP incentive and execution of DA Form 5261-4-R must be 
made by the person when he or she signs a Selected Reserve contractual agreement. 
The applicant may select the SLRP incentive even though he or she has no outstanding 
loan when signing the contractual agreement. A Selected Reserve contractual 
agreement is executed when a person enlists, reenlists, immediately reenlists, or 
extends in the Selected Reserve of the Army.

3.  AR (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. The 
ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. 
Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing 
before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever 
justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200009557


4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1