IN THE CASE OF: 

		BOARD DATE:  16 December 2021

		DOCKET NUMBER: AR20210006491


APPLICANT REQUESTS: correction of her record to show reimbursement of wrongfully 
recouped Student Loan Repayment Program (SLRP) incentive payments and a 
personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Leave and Earnings Statement (LES)
*	Memorandum, Subject: Army Regulation (AR) 15-6 (Procedures for Investigating 
Officers and Board of Officers) Findings and Recommendations, dated 8 July 2014

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 the Maryland Army National Guard (MDARNG) conducted an 
investigation into an administrative inconsistency with the date on her extension 
contract and accompanying SLRP form. The investigation found that she was not liable 
and was not responsible for this inconsistency. Further, it was determined that she 
could retain SLRP funds with no further action. Nonetheless, the Defense Finance and 
Accounting Service (DFAS) wrongly recouped $12,500.00 in SLRP funds, and those 
funds are owed to her.

3. A review of the applicant's official records shows the following: 

	a.  On 2 February 1996, the applicant enlisted in the ARNG.

	b.  On 26 January 2002, the applicant extended her enlistment in the ARNG.

	c.  On 9 May 2007, the applicant extended her enlistment in the ARNG for a period 
of 6 years. In conjunction with this extension a National Guard Bureau Form 600-7-5-R-
E (SLRP Addendum ARNG of the United States) was completed showing the applicant 
was in the ARNG and was extending for a minimum of 6 years. The form was void of 
the number of existing loans the applicant was responsible for and an SLRP control 
number. 

	d.  The applicant remains in the ARNG.

4. The applicant provides:

	a.  LESs showing the applicant had an unpaid SLRP debt balance of $12,075.90 in 
April 2018 and a zero balance as of March 2020.

	b.  Memorandum, Subject: AR 15-6 Findings and Recommendations wherein the 
applicant was the subject of an investigation pertaining to falsification of official 
documents regarding the SLRP contract being backdated, but were not falsified. The 
Investigating Officer recommended the applicant not be allowed to collect the remaining 
SLRP. The appointing authority concurred with the recommendations and findings. The 
applicant was not found liable for the payment of $12,500.00 from the SLRP. 


BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, a majority of the Board found relief is warranted. The Board 
found the available evidence sufficient to fully and fairly consider this case without a 
personal appearance by the applicant.  

2. The members in the majority noted the approved recommendation of the AR 15-6 
investigation that the applicant should not be liable for payment of the $12,500 paid on 
her behalf under the SLRP, and based on that recommendation found it would be 
appropriate to correct the record to show collection of the SLRP debt was cancelled and 
return to her any monies recouped to pay the debt.  

3.  The member in the minority found the AR 15-6 investigation established that the 
applicant did not have a valid SLRP contract and she was liable for any erroneous 
payments made in the absence of a valid contract.  

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:XX	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army and Army National Guard records of the individual concerned be corrected by 
showing collection of debt accrued as a result of erroneous SLRP payments was 
cancelled and returning to her any monies recouped to pay the debt.

		  
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. Title 10, USC, section 1552 (c)(1) states the Secretary concerned may pay, from 
applicable current appropriations, a claim for the loss of pay, allowances, compensation, 
emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, 
as a result of correcting a record under this section, the amount is found to be due the 
claimant on account of his or another's service in the Army.

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)	 AR20210006491


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1