IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210013454 APPLICANT REQUESTS: entitlement to payment from the Student Loan Repayment Program (SLRP) program for the fiscal years (FY) 2011 to 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 25 June 2021 * 71 pages of Federal Student Aid and loan repayment history, June 2021 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 effect, her SLRP was not paid for fiscal years 2011 to 2015. She fulfilled her obligation and continues to serve in the Georgia Army National Guard (GAARNG). Every year she submits a package for payment of her student loans but nothing is paid. The student loan repayment incentive was one of the reasons she enlisted and it is causing her a hardship. 3. On 24 March 2009, the applicant enlisted in the Army National Guard of the State of Georgia for a period of 6 years at grade/pay grade private/E-1. 4. The applicant is currently a member of the Army National Guard (ARNG) component. 5. In connection with her enlistment, she completed National Guard Bureau (NGB) Form 600-7-R-E (Student Loan Repayment Program Addendum) – Army National Guard of the U.S.), (Annex L to DD Form 4), 24 March 2009, acknowledging eligibility criteria for repayment of $14,600.00 of qualifying loans not to exceed $20,000.00. This form shows she understood, in part: a. She read and understood all parts of the agreement (Annex L). b. The government would repay a designated portion of any outstanding loan(s) she secured and the loan must have been made under part B of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans). c. Termination could occur without recoupment if she: * became an unsatisfactory participant by accumulating 9 unexcused absences within a 12-month period * failed to attend annual training (AT) * voluntarily transferred out of her contracted military occupational specialty * exceeded the maximum time in the Inactive National Guard * accepted a military technician position or Title 10 or Title 32 Army Guard Reserve tour * separated from the ARNG for any reason * reach the maximum allowable for repayment * reach the end of her contractual obligation * fail to become MOS qualified within 24 months after unit inactivation, reorganization, or relocation * become a contracted SMP/ROTC cadet or receive an ROTC scholarship 6. Her DA Form 1966 (Record of Military Processing – Armed Forces of the United States), 24 March 2009, shows in item 32a (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees), she agreed to enlist for: * assignment to A Detachment, 1177th Transportation Company, Thomaston GA * 6 years in MOS 88M (Motor Transport Operator) * Unit NPS Student Loan Repayment of $20,000.00 * NPS MGIB Kicker $360.00 * Complete the ARNG Standard Training Program 7. While assigned to her unit, 1177th Transportation Company, she completed active duty in the MOS 88M, following which she was released to her parent unit: * 2 August 2009 to 4 December 2009, 4 months and 3 days * 17 October 2010 to 18 November 2011, 1 year, 1 month, and 2 days 8. She extended her original enlistment: * On 15 November 2014 for 1 year * On 27 October 2015 for 6 months 9. There is no indication in her record she was flagged, she left her unit, or she changed her MOS. 10. She provided copies 75 pages of student loans and loan payment history showing total debt of $75,791. This amount includes $8,370.00 in interest and that she made 22 payments for a total of $1,425.00 paid towards this debt; a remaining total of $75,791 as of 9 June 2021. 11. On 1 June 2022, the National Guard Bureau provided ARBA an advisory opinion recommending approval of the applicant's request in response to the applicant's application for relief. The NGB stated, in part: a. Soldier enlisted in the Georgia Army National Guard (GAARNG) on 24 March 2009, and signed an SLRP addendum. The Soldier fulfilled her initial enlistment contract and is currently serving in the GAARNG. The ARNG Incentives Branch confirmed the Soldier has not received loan repayment for FY11-15. The GAARNG acknowledged that payments were on hold due to violations that were later resolved. The GAARNG’s incentive manager concurs with the Soldier’s eligibility for payment. b. The recommendation is for Board approval and for the Soldier to submit a closed year packet once the ABCMR makes a determination. c. This opinion was coordinated with the GAARNG Education Services Office and ARNG Incentives Branch. 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, available military records and the National Guard Bureau – Special Actions Branch advisory opinion the Board concurred with the advising official finding the applicant fulfilled her initial enlistment contract and is currently serving in the Georgia Army National Guard (GAARNG). The applicant’s current unit agreed she is eligible for payment from the Student Loan Repayment Program (SLRP) program for the fiscal years (FY) 2011 to 2015. Based on this, the Board granted relief. 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 the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all records of the individual concerned be corrected to show the applicant is eligible for payment from the Student Loan Repayment Program (SLRP) program for the fiscal years (FY) 2011 to 2015 and a closed year packet needs to be submitted by the applicant. 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. Department of Defense Instruction (DODI) 1205.21, paragraph 6.6.2. states persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) governs policies and procedures for the administration of the ARNG SRIP programs, including the SLRP. a. Paragraph 1-25 states the conditions under which termination with recoupment of incentives is warranted are prescribed in this paragraph and also the applicable program chapters and sections of this regulation. With the exceptions of the SLRP, which is normally not recouped because time is served prior to receipt of the incentive. However, when there is an overpayment of SLRP funds or the SLRP payment was made in error, recoupment will be processed. Termination with recoupment is defined as termination of the incentive with the Soldier entitled to a prorated incentive amount based on the number of months served satisfactorily prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. Termination with recoupment will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS, or as otherwise stated in this regulation. Termination is effective the date of transfer into the new MOS. See paragraph 1-19, Personnel movement between ARNG units. b. Paragraph 1-26a(5) states separation from the ARNG or transfer from the designated bonus position because of death, injury, illness, or other impairment that is not the result of misconduct by the soldier, termination will be without recoupment. c. Section VI (SLRP), paragraph 2-24b states the SLRP may be offered to Prior Service (PS) enlistees, and current ARNG members who meet the following requirements: (1) Enlist/affiliate or reenlist/extend for a minimum of three years. (2) Enlist/affiliate or reenlist/extend DMOSQ. (3) Enlist into valid CS vacancy or reenlist/extend as the primary position holder (not coded excess) in a grade commensurate with the position IAW current FY SRIP policy. (4) Meet the minimum Armed Forces qualification test (AFQT) requirements (5) Have one or more disbursed qualifying loan(s) as per current FY SRIP policy. (6) Be within 365 days of, or 24 hours after, the expiration term of service (ETS) of their current ARNG enlistment, reenlistment, or extension contract. The second or subsequent voluntary enrollment in the ARNG within 24 hours of separation (immediate reenlistment) allows for continuation of active ARNG Service with the ARNG of the same State, Territory, or District. (7) Must have a pre-approval authorized prior to signature date from the ARNG incentive management system IAW current FY SRIP policy. d. Section VI, paragraph 2-26 states the applicant must fill a valid vacant position and not an excess, over-strength, or manually loaded vacancy. e. Section VI, paragraph 2-27 states repayment of loan(s) shall be made on the basis of each complete year of service performed by the borrower. The portion or amount of a loan that may be repaid is 15 percent or $500, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year. f. Section VI, paragraph 2-35 states incentive eligibility will be terminated when any of the termination reasons listed in paragraph 1-24 through 1-26 apply and that member will not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. 3. The Army National Guard SRIP Memorandum for FY 2011, 25 July 2011, states, in part: a. Soldiers shall serve satisfactorily in the authorized Military Occupational Specialty (MOS)/Area of Concentration (AOC) for the full term of the service agreement, except for authorized exceptions. b. Soldiers are required to complete their service obligation even if released or removed from an incentive addendum. c. Army Regulation 601-210, Active and Reserve Component Enlistment Program, 8 February 2011, governs suspension, reinstatement, termination, and recoupment of incentives. This policy supplements the regulation with specific criteria for each incentive. d. Soldiers must become Duty Military Occupational Specialty Qualified (DMOSQ) within 24 months from the date of enlistment to be eligible for this incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013454 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1