IN THE CASE OF: BOARD DATE: 16 June 2022 DOCKET NUMBER: AR20210014193 APPLICANT REQUESTS: reconsideration of her previous request for entitlement to payment of $10,000.00 under the Student Loan Repayment Program (SLRP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 5261-4 (Student Loan Repayment Program) dated 13 February 2006 * DA Form 5435-1 (Statement of Understanding – The Selected Reserve Montgomery G.I. Bill Kicker Program) dated 13 February 2006 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number on 25 November 2020. 2. The applicant states that in the Board's previous decision, they failed to address her entitlement to the SLRP incentive. She argues that the SLRP is not part of the Montgomery G.I. Bill (MGIB) nor the MGIB-Kicker incentive which is a payment disbursed upfront to a Soldier with subsequent yearly distributions. She further contests that the MGIB provides a monthly stipend to a Soldier while they are attending college and is funded by the Department of Veterans Affairs rather than the Department of the Army. 3. A review of the applicant's available service records reflects the following: a. On 24 February 1997, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years to serve in military occupational specialty (MOS) 44B (Metal Worker) with assignment to the 173rd Quartermaster Company. b. On or about 14 September 1998, the applicant completed her initial active duty training and was awarded MOS 44B. c. On 24 August 1999, Headquarters, 81st Regional Support Command, issued Orders Number 236-4 reassigning the applicant from the 173rd Quartermaster Company to the USAR Control Group (Annual Training) effective 24 August 1999 due to being deemed an unsatisfactory participant. d. On 4 April 2000, USAR Personnel Command issued Orders Number C-04-009421 reassigning the applicant from the USAR Control Group to the 658th Quartermaster Company effective 4 April 2000. e. On 21 May 2001, the applicant completed the MOS 92A (Automated Logistical Specialist) Course. f. On 1 September 2004, Headquarters, 81st Regional Readiness Command, issued Orders Number 04-245-00282 discharging the applicant effective 1 September 2004. Her discharged was characterized as "under honorable conditions." g. On 13 February 2006, the applicant enlisted in the USAR for 6 years with entitlement to a $15,000 Prior Service Enlistment Bonus, the MGIB-Kicker and the SLRP incentive. The applicant was to be assigned to A Company, 854th Engineer Battalion as a 44B. Regarding the SLRP, the applicant was approved for a maximum of $10,000 in loan repayments. A DA Form 5261-4, Section IV (Obligation) provides that the applicant agreed to serve the entire 6 years of her enlistment in the Selected Reserve in MOS 44B. Section V (Entitlement) provides acknowledgment by the applicant that the government would repay a designated portion of any outstanding loans that she had secured since 1 October 1975. In addition, the government would pay qualifying educational loans made by her while she served as a member of the Selected Reserve during this contractual period. Further, the applicant understood that repayment of student loans was not automatic. She was required to initiate the request for loan repayment during each year that she met the requirements by completing a DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) and submitting it to her command's personnel office. Section VII (Termination) provides that the terms of the agreement would remain in effect as long as the applicant continued to participate as a satisfactory participant under this contractual agreement. The applicant acknowledged that entitlement to the SLRP would terminate if she became an unsatisfactory participant, changed MOS (except due to unit reorganization, relocation, inactivation or converted), separated from her enlisted status in the Selected Reserve for any reason, except for an authorized period of non-availability. h. On 23 April 2007, Headquarters, 77th U.S. Army Regional Readiness Command issued Orders Number 07-113-00043 involuntarily reassigning the applicant from the 854th Engineer Battalion to the 479th Engineer Battalion to serve in MOS 92A due to mobilization. i. On 21 May 2007, Headquarters, 77th U.S. Army Regional Readiness Command, issued Orders Number 07-141-00002 reassigning the applicant in MOS 92A from the 479th Engineer Battalion to 4th Brigade, 98th Regiment 10th Battalion effective 21 May 2007. j. On 26 August 2008, Headquarters, Headquarters Company, 80th Training Command issued Orders Number 08-239-00066 reassigning the applicant at the convenience of the government in MOS 92A from the 98th Regiment 10th Battalion to the 80th Regiment 8th Battalion effective 30 August 2009. k. On 16 September 2008, Headquarters, Headquarters Company, 80th Training Command issued Orders Number 08-260-00012 reassigning the applicant in MOS 92A from the 80th Regiment 8th Battalion to the 151st Combat Support Group effective 16 September 2008. l. On 21 November 2012, Headquarters, 99th Regional Support Command issued Orders Number 12-326-00071 discharging the applicant from the USAR effective 30 November 2012. Her characterization of service is listed as "under honorable conditions." m. On 20 September 2013, Headquarters, 99th Regional Support Command issued Orders Number 13-263-00044 revoking Orders Number 12-326-00071. 4. On 25 November 2020 in Docket Number, the Board considered the applicant's request for payment of the Selected Reserve MGIB-Kicker Program incentive. The Board considered the applicant's statement, her record of service, the terms of her incentive, her change of MOS and units of assignment, two USAR discharges, and documents provided by the applicant. The Board found the applicant provided insufficient supporting evidence for her request. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence indicating the applicant was fully qualified for payments under the SLRP and was improperly denied payments. The Board determined the evidence does not support changing the decision to deny relief in the previous consideration of her case. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number, date 25 November 2020. 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) Chapter 6 (Student Loan Repayment Program – Reserve Components (USAR and ARNG) provides policy and guidance for the administration of the SLRP. To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily. A person must serve in the SELRES for the full term of the contractual agreement. An eligible Soldier is one who contracts to serve in the SELRES of the ARNGUS or USAR in a MOS or unit authorized under the SRIP. A Soldier is authorized to continue receipt of the SLRP incentive upon transfer between the RC of the Army. Paragraph 6-5 (Payment Processing) provides that once approved for the program, Soldiers will be notified 90 days prior to their anniversary date of contracting for SLRP, and will initiate DD Form 2475 loan repayment application within that 90-day window. Submission of application will be within 90 days prior to and up to 275 days after the anniversary date, if seeking to pay principal and interest for eligible loans. 2. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures) provides in Paragraph 6.2, persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. Further, 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. Persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 3. Army Regulation 135-7 (Incentive Programs) Paragraph 5.1-6 (Termination) provides that entitlement to the SLRP will stop if the soldier receives the maximum SLRP benefit available equating to $10,000 or $20,000, as appropriate or if they contracted for an MOS authorized by HQDA for SLRP entitlement and moves to an ineligible MOS, or is reclassified, unless at the express direction of the appropriate USAR command. A Soldier who contracted for a critical MOS authorized by HQDA for the increased entitlement is eligible to continue SLRP participation at the $10,000 designated maximum portion level if he or she moves to, or is reclassified in, an MOS authorized by HQDA for the basic entitlement. Termination will also occur is the Soldier separates from the Selected Reserve for any reason. 4. The Barring Act, 31 U.S.C. Section 3702 states that the Secretary of Defense shall settle claims involving uniformed service members’ pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits. A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues. A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014193 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1