ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 February 2022 DOCKET NUMBER: AR20210007975 APPLICANT REQUESTS: correction of her record to show she was paid the Student Loan Repayment Program (SLRP) incentive with his U.S Army Reserve (USAR) enlistment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 26 May 2020 * Orders Number 321000 * National Guard Bureau (NGB) Form 21 (Annex A to DD Form 4 (Enlistment Reenlistment Document Armed Forces of the United States) Enlistment/Reenlistment Agreement Army National Guard (ARNG), dated 12 September 2016 * NGB Form 22-3 (Request for Waiver), dated 17 August 2016 * NGB Form 590 (Statement of Understanding of Reserve Obligation and Responsibilities), dated 28 August 2016 * Certificate and Acknowledgement U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment * DA Form 5261(Selected Reserve Incentive Program (SRIP) Enlistment Bonus Addendum)) 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 she never utilized the SLRP when she was in the USAR. She was discharged from the USAR in 2015 and joined the ARNG in 2016, she just re- enlisted (February 2020) to be able to transfer her Post 9-11 GI Bill to her daughter due to her being in college. She requested before she re-enlisted if she was eligible for any incentives (i.e. bonuses, SLRP, change in military occupational specialty, etc.) but was told otherwise. She has been going back and forth with the USAR and the ARNG to see about being able to utilize this incentive and get more clarification on how it works. She just wants to be able to utilized the SLRP that she was never able to use when she was in the USAR because she never even thought about it until she got out and the ARNG brought it to her attention that if she had it on her initial contract then she would have to go back to the USAR. Well she did, however, the USAR states that since she never received the DA Form 5261-R-4 (SLRP Addendum) but she does have the DD Form 4 enlistment contract. 3. A review of the applicant's official records shows the following: a. The applicant's records are void of her USAR DD Form 4. However, it contains a DD Form 1966 (Record of Military Processing Armed Forces of the United States) that shows the applicant enlisted in the USAR on 5 April 2007. Item 32a (Specific Option/Program Enlisted for) shows the applicant enlisted for the Montgomery GI Bill, Montgomery GI Bill Kicker, and the Non-Prior Service Enlistment Bonus. Likewise, Reserves annex shows the same as aforementioned. b. On 11 February 2015, Orders Number 15-042-00017, issued by Headquarters, 63rd Regional Support Command, discharged the applicant from the USAR, effective 4 April 2015. c. The applicant's USAR record is void of a SLRP addendum. d. On 12 September 2016, the applicant enlisted in the ARNG for a period of 6- years and currently remains in the ARNG. 4. The applicant provides: a. DA Form 4836 showing the applicant extended her 2016 enlistment in the ARNG for a period of 3 years changing her expiration term of service to 11 September 2025. b. Orders Number 321000, issued by the Texas ARNG shows the applicant was reassigned to another ARNG unit due to reenlistment. c. NGB Form 21 showing the applicant was approved to reenlist in the ARNG. d. NGB Form 22-3 showing the applicant was approved for a dependency waiver to enlist in the ARNG. e. NGB Form 590 showing the applicant understood her obligations and responsibilities in the ARNG. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the National Guard Bureau, Chief, Personnel Policy Division advisory opinion the Board Bconcurred with the advising official finding through coordination with the Texas National Guard Incentives Office, they were unable to locate anything that would indicate the applicant enlisted into the reserves for Student Loan Repayment in iPERMS. The Board noted that if the applicant had not, then she would be eligible for Student Loan Repayment however it is only awarded at times of enlistment or re- enlistment and incurs a 6-year obligation from the date of signature so she would not be in an eligibility window at that time as they are 3 years and 4 months out from their expired term of service (ETS). 2. Based on the advisory, the Board determined the applicant would not be able to extend for SLRP because she would be beyond the 16 years maximum allowed to receive an SLRP contract. The Board agreed, if she did receive a SLRP contract but it just isn't showing in iPERMS, military members are only authorized one Student Loan Repayment contract in their military careers which accounts for if a change of branch as well. Based on the preponderance of evidence, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X 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. 10/31/2022 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. ADMINISTRATIVE NOTE(S): N/A 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. Department of Defense Instructions 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 3. Army Regulation 621-202 (Army Educational Incentives and Entitlements) states a Soldier must serve in the Selected Reserve for the full term of the contractual agreement. An eligible Soldier is one who contracts to serve in the Selected Reserve of the USAR in a MOS and executes a DA Form 5261-4. Once a Soldier has enlisted, and executed a DA Form 5261-4 to participate in the SLRP, the provisions of the DA Form 5261-4 remain in force until participation in the SLRP is terminated in accordance with this regulation or the maximum SLRP benefit has been paid. //NOTHING FOLLOWS//