IN THE CASE OF: BOARD DATE: 16 June 2021 DOCKET NUMBER: AR20210005547 APPLICANT REQUESTS: * correction of his Active Duty Service Obligation (ADSO) to reflect "12 April 2022" * a video or telephonic appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 303-017-A-0638, dated 29 October 2012 * U.S. Army Cadet Command (USACC) Form 597-6 (Student Loan Repayment Program (SLRP) Addendum to Army Senior Reserve Officers' Training Corps (SROTC) Cadet Contract, dated 6 June 2012 * USACC Form 145-1-2 (Officer SLRP In-Processing Counseling), dated 17 July 2012 * FedLoan Servicing letters * Email Communication * Federal Loan Overview information FACTS: 1. The applicant states that he incurred a 1 year ADSO associated with his enrollment in the SLRP when at Princeton University ROTC. Since that time he has been unable to utilize this incentive due to his previously obtained private student loans not meeting the guidelines of the SLRP. He contests that no portion of his loans received have ever been paid under the SLRP, and he has no intention to utilize any of this incentive and therefore should not incur the 1 year ADSO which has resulted in an extension of his service obligation to 12 April 2023 rather than 12 April 2022 as indicated on his original active duty orders. As such, he would like for his ADSO to be adjusted back to 12 April 2022, since he has not, and will not be able to utilize the SLRP incentive to pay off his student loans. 2. A review of the applicant's available service records reflects the following: a. On 14 September 2010, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years as a Cadet within the Princeton University, Senior ROTC program. b. On 1 April 2011, the applicant completed the ROTC Branch for Service Contract acknowledging an additional 3 year ADSO incurred based upon his request for branch of choice (Infantry). This ADSO is in addition to his initial incurred 3 or 4-year obligation, to be served consecutively. c. On 4 June 2012, the Department of the Army – Princeton University issued Orders Number 156-1 discharging the applicant from the USAR in order to accept a commission within the Regular Army. d. On 6 June 2012, the applicant elected to participate in the SLRP. Part 1 (Agreement to Accept SLRP Payment) of the USACC 597-6 provides acknowledgement of the additional ADSO incurred upon repayment of any of his student loans. The ADSO is based upon the amount to be repaid. This ADSO is consecutive to any other ADSO incurred from any other programs. Loans up to $25,000.00 would incur an additional 1 year ADSO. e. On 17 July 2012, the applicant acknowledged receipt of the SLRP counseling. USACC Form 145-1-2 provides that the applicant had a consolidation loan from the U.S. Department of Education – Direct Lending Center for $17,157.50 of which would result in a 1 year ADSO. Paragraph 2 provides acknowledgment that only certain loans qualified for loan repayment. This document was later endorsed on 25 October 2012 by the Professor of Military Science (PMS). f. On 16 August 2012, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. g. On 24 October 2012, the applicant submitted DD Form 2475 (Department of Defense (DOD) Educational Loan Repayment Program Annual Application). Item 4 (Lender Verification) indicates a remaining loan balance of $12,052.48 ($17,157.50 Original Loan Amount). This document was not endorsed by a certifying officer. h. On 29 October 2012, Headquarters, United States Army Cadet Command issued Orders Number 303-17-A-0638 ordering the applicant to active duty for 9 years effective 12 April 2013. 3. The applicant provides the following a: a. FedLoan Servicing letters covering tax years 2014 – 2019 reflective of $0 of student loan debt being cancelled during this period. b. Email Communication reflective of the applicant seeking assistance from the U.S. Army Human Resources Command, Army Continuing Education Division with obtaining relief from the ADSO associated with the SLRP since loan payments under the SLRP had not been provided. In 2018, the applicant was advised that the DD Form 2475 that was originally sent to him on 5 December 2013 was either not received or the lender failed to complete their portion. The documentation further reflects that repeated attempts to obtain a completed DD Form 2475 from the applicant were unsuccessful. The applicant was advised to seek relief of his ADSO through the Board. c. Federal Loan Overview information reflective of an initial disbursed loan amount of $17,026.00 with a remaining loan balance of $6,991.00 as of 31 May 2020. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and documents provided by the applicant. The Board found that there is evidence to indicate that no portion of his loans received has ever been paid under the SLRP. The Board determined there was sufficient evidence to show the applicant is currently serving his 9-year obligation and there is no merit in extending his active duty service obligation(ADSO) until 12 April 2023 since he did not use the entitled SLRP. The Board agreed to grant the applicant’s request to adjust his ADSO to 12 April 2022. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX XXX XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: showing the applicant’s Active Duty Service Obligation ADSO) is 12 April 2022 as indicated on his original active duty orders. 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. Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) provides that the Loan Repayment Program is an enlistment incentive designed to increase Regular Army Test Score Category I-IIIA accessions. To be eligible, a service member must enlist for no less than 3 years and be in receipt of a loan that mas made, insured or guaranteed under Title IV, Part B, D, or E of the Higher Learning Education Act prior to entering active duty. Loans qualifying for repayment are: * Guaranteed Student Loans and/or Stafford Loans. * National Direct Student Loans/Perkins Loans. * Supplemental Loans for students. * Federal Insured Student Loans. * Parent Loan for Undergraduate Students - only loans incurred for the use of individual contracting for the LRP. * Auxiliary Loan Assistance for Students. * Consolidated Loans - only loans incurred for the use of individual contracting for the LRP a. Eligible service members must provide the Army with a qualifying loan promissory note or statement from loan servicing agency that verifies the loan type before entering active duty. There are many loans that do not qualify for a deferment or forbearance and payments will be the responsibility of the borrower. b. The Army will not pay more than the outstanding principal amount borrowed or the remaining original unpaid principal (which may be less than the principal borrowed if payments have already been made) as verified by the loan servicing agency when the Soldier enters active duty. Payments will be made directly to the loan servicing agency. c. SLRP participants are required to submit a DD Form 2475 up to 90 days prior to their SLRP anniversary date and follow-up with the lenders and the Human Resources Command (HRC) to ensure receipt of all completed DD Form 2475's. d. To resolve discrepancies, Soldiers or Officers who believe they contracted for the LRP option but have not received a letter from HRC by the 8th month of their 1st year on active duty should provide HRC with copies of promissory notes or statement from the loan servicing agency indicating the loan type and an explanation stating reasons and circumstances that justify eligibility. 2. Army Regulation 350-100 (Officer Active Duty Service Obligations) states: a. Officers must fulfill ADSOs before they are eligible for voluntary separation. The Office of the Deputy Chief of Staff, G–1, may grant non-statutory exceptions. Officers entering military service must complete a total of 8 years' military service obligation. ROTC graduates accepting an appointment in the Regular Army incur an ADSO as determined by their contract. b. Paragraph 4-1 (Requests for waiver of ADSO) states statutory service obligations will not be waived except for the convenience of the Government or personal hardship reasons. Requests for waiver of non-statutory ADSO's will be forwarded through command channels to HRC. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction 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 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) AR20210005547 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1