IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210013122 APPLICANT REQUESTS: in effect, an Exception to Policy (ETP), entitlement to the Student Loan Repayment Program (SLRP) incentive in the California Army National Guard (CAARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant’s Statement * SLRP Addendum * Federal Student Aid Loan Summary 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 is unsure why it was not submitted for payment of her federal student loans. She then relocated from the CAARNG to the Georgia ARNG (GAARNG) and currently has to restart the process. It was part of her enlisting bonus, and she does not feel it should be a punishment against her because the process does not work to honor these addendums. She is requesting payment for the Fiscal Years 2010 and 2011, in the amount of $2,850.00. All of her loans are in good standings and in a forbearance status. Her college degree was obtained in 2015 and only the amount of $4,308.00, from herself and military payments have been made. The remaining balance due on the loan is $11,378.00. 3. The applicant provides her: * SLRP Addendum, dated 9 September 2009 * Federal Student Aid Loans Summary, dated 15 October 2020, showing she has two student loans with remaining balances of $11,373.00 and $8,043.00 and their status 4. Review of the applicant’s service records show: a. Having prior U. S. Marine Corps enlisted service, she enlisted in the CAARNG on 9 September 2009, for 6 years, in critical MOS 88M (Heavy Vehicle Driver). b. In connection with this enlistment, she initiated and signed a Prior Service Enlistment Bonus and ARNG SLRP Addendums. The SLRP addendum stated in: (1) Section II – Eligibility: * she was a non-prior service applicant enlisting in the ARNG, for 6 years * she held the primary military occupational specialty (MOS) for the position for which she was enlisting * she had two loans existing in the amount of $100,000.00 and the total amount of repayment for qualifying loan(s) would not exceed $20,000.00 (2) Section III – Entitlements and Payments: * the Government would repay a designated portion of any outstanding loan(s) that she had secured since 1 October 1975 * loans must be 1-year-old or older on her first anniversary eligibility date to qualify for the program * the portion of the SLRP ($50,000.00) that may be repaid annually on any qualifying loan(s) would not exceed 15% (not to exceed $7,500.00 per year) of the total of all loans of $500.00, whichever is greater * payment would be processed on the anniversary date of his enlistment for each satisfactory year of service (3) Section VI – Statement of Understanding: * she would furnish the Military Entrance Processing Station Counselor/unit administrator with a copy of all of her promissory notes or letter of disbursement upon enlistment * a payment would not be authorized if she did not submit her promissory notes or letter of disbursement al the lime of enlistment * each year (90 days before her anniversary date) she would be notified of the requirement to request payment on her loan(s); she was responsible for completing the request for payment in accordance with published guidance * it was her responsibility to know her account number and lender's name and address; it was not uncommon to have loans sold to various lenders; she should receive a letter from the new loan holder if that occurred and if so, she would provide it to her unit administrator * her loan was not the responsibility of the government; she was responsible for maintaining her loan account(s) in good standing. If she did not, her loan(s) would go into default. The ARNG would not make a payment on defaulted loan(s) and her credit rating could be damaged. * she must coordinate forbearance and deferment with her lender; she would make arrangements for the lump sum payment, which the ARNG made each year to be applied to future installments and she understood that lenders did not have to grant forbearance based on her enrollment in the SLRP * if she encounters any problems with her student loan repayment it was her responsibility to contact her unit for guidance * she understood that State Student Loans and Plus Loans were not authorized for payment * she had read her contract and this addendum and would receive a copy of both with her enlistment packet (4) Section VIII – Authentication: she acknowledged she understood each statement contained in her enlistment agreement concerning the SLRP and authenticated this addendum with her initials and signature on 9 September 2009. (5) Section VIII – Certification by Service Representative: the enlisting official authenticated this addendum with his initials. The incentive addendum also shows a Control Number was pending. c. She enlisted in the GAARNG on 9 September 2009. Her record is void of her DD Form 4/1 (Enlistment/Reenlistment Contract – Armed Forces of the United States) for this enlistment. d. On 9 September 2021, she extended her enlisted in the GAARNG, for 3 years. e. Orders Number 0001559277.00, published by the GAARNG on 10 December 2021, announced her permanent change of assignment by reason of Intra Command Move. The orders list her MOS as 92A (Automated Logistical Specialist) and duty position title as Equipment Record/Parts Sergeant. She is currently serving in an active ARNG status. f. Her record is void of the following: * any indication her CAARNG SLRP Addendum was assigned a Control Number and approved prior to her separation from the CAARNG * and/or she submitted an ETP request for the SLRP to the CAARNG and was denied * she attempted to resolve her issue with the CAARNG or GAARNG 5. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), requires each recipient of an incentive to sign a written agreement stating 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. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 6. By regulations: a. Army Regulation 135-7 (Army National Guard and Army Reserve – Incentives Program), loan repayment incentive provides for the repayment by the U.S. Government of a designated portion of any outstanding loan(s). This educational incentive may only be elected at the time of enlistment or reenlistment or extension. b. National Guard Regulation 600-7 (Selected Reserve Incentives Program), the SLRP may be offered to Prior Service enlistees, and current ARNG members who meet certain requirements: c. AR 15-185 (ABCMR), 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. 7. Title 10, USC, section 1552, the statutory authority for the ABCMR, gives the Board broad authority to correct Army records to remove errors or to remedy an injustice; however, the authority granted by this statute is not unlimited. The ABCMR may only correct Army records. The Board has no authority to correct records created by the other Services or the Department of Defense. 8. Title 31 U. S. Code (USC), section 3702, also known as the Barring Act, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was 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 and available military records, the Board determined the applicant met all the criteria to receive the associated payment. Based on the available documentation there does not appear to be any discernable reason that the CAARNG did not complete her payments. The Board found the SLRP was part of her enlisting bonus and is at no fault of the applicant. The Board agreed that payment for the Fiscal Years 2010 and 2011, in the amount of $2,850.00 and a remaining balance due on the loan is $11,378.00 is warranted. Based on this, the Board granted relief an Exception to Policy (ETP), entitlement to the Student Loan Repayment Program (SLRP) incentive in the California Army National Guard (CAARNG). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 to show an Exception to Policy (ETP), entitlement to the Student Loan Repayment Program (SLRP) incentive in the California Army National Guard (CAARNG). 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 (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 Army Board for Correction of Military Records (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 Instruction 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. 3. Army Regulation (AR) 135-7 (Army National Guard and Army Reserve – Incentives Program) prescribes policies and procedures for administration of the ARNG and USAR incentive programs. It states the loan repayment incentive provides for the repayment by the U.S. Government of a designated portion of any outstanding loan(s). This educational incentive may only be elected at the time of enlistment or reenlistment or extension. 4. National Guard Regulation 600-7 (Selected Reserve Incentives Program), dated 26 March 1999, sets policies and procedures for administration of the ARNG incentive programs, including bonuses and loan repayment programs. It states the Student Loan Repayment Program may be offered to Prior Service enlistees, and current ARNG members who meet the following requirements: * enlist/affiliate or reenlist/extend for a minimum of 3 years in their military occupational specialty * reenlist/extend as the primary position holder (not coded excess) in a grade commensurate with the position * have one or more disbursed qualifying loan(s) * not be enlisting/affiliating to qualify/or serve in any permanent or indefinite military technician assignment which requires dual status * not be enlisting to qualify/or serving in Active Guard Reserve status * be within 365 days of, or 24 hours after, their current ARNG enlistment, reenlistment or extension contract * must have a pre-approval authorized date from the ARNG incentive management system, prior to signature * applicants are required to sign documents which specify the eligibility criteria for the term of service for the desired incentive * the document will contain an acknowledgement that the applicant has been advised of and understands the benefits of the program and the conditions which can cause suspension or termination of recoupment, if applicable * these documents will be authenticated by a proper witnessing official and will include the preparation date 5. 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 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. 6. Title 10, USC, section 1552, the statutory authority for the ABCMR, gives the Board broad authority to correct Army records to remove errors or to remedy an injustice; however, the authority granted by this statute is not unlimited. The ABCMR may only correct Army records. The Board has no authority to correct records created by the other Services or the Department of Defense. 7. Title 31, USC, section 3702, also known as the Barring Act, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, USC, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013122 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1