IN THE CASE OF: BOARD DATE: 6 September 2023 DOCKET NUMBER: AR20220004219 APPLICANT REQUESTS: in effect, payment of up $20,000.00 of his unpaid Army National Guard (ARNG) Student Loan Repayment Program (SLRP) incentive. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * 2-DD Forms 149, Application for Correction of Military Record * Annexes and Addendums to his DD Form 4, Enlistment/Reenlistment Document- Armed Forces of the United States, 21 February 2009: * Guard Annex, Enlistment/Reenlistment Agreement-Army National Guard- Service Requirements and Method of Fulfillment * Annex X to DD Form 4, Non-Prior Service Enlistment Bonus Addendum-Army National Guard of the United States * Montgomery GI-Bill Selective Reserve Kicker Incentive Addendum * Statement of Understanding-The Selected Reserve Montgomery GI-Bill * Annex L to DD Form 4, SLRP Addendum * Loan Summary/Mortgage Verification, 12 March 2022 * DD Form 214, Certificate of Release of Discharge from Active Duty, 5 August 2010 * NGB Form 22, National Guard Report of Separation and Record of Service, 20 February 2016 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, the reason he never received the benefit was because at the time of his enlistment in 2009, SLRP participation required that he complete and submit a DD Form 2475, Department of Defense (DoD) Educational Loan Repayment Program Annual Application, for each outstanding loan on an annual basis within a 30-day window. In order to do that, the form(s) had to be filled out by the loan provider. In his case, by the time he would receive those forms back from the loan provider, he was outside of the 30-day submission window. Because of this, he had to wait until the following year to try again. He made several attempts during the remaining years left on his contract, only to encounter the same situation. He did not do anything during his career that would make him ineligible to receive his SLRP incentive. 3. A review of the applicant’s military records shows he enlisted in the Indiana Army National Guard (INARNG) on 21 February 2009 for a period of six years. 4. The applicant’s enlistment contract includes an SLRP Addendum, which shows the applicant acknowledged and understood that: a. He was not enlisting for an Active Guard Reserve, Title 10 or Title 32 tour nor am I enlisting for a technician position. b. He was enlisting in Company B, 76th Special Troops Battalion, Military Intelligence(STB-MI), which had been authorized for SLRP. c. He had two loans existing in the amount of $20,000.00. The total amount of repayment for qualifying loan(s) would not exceed $20,000.00. d. He may acquire new loans during the contract period. e. The SLRP was only authorized for one reenlistment/extension period. 5. Section III-Entitlement and Payments of his SLRP Addendum shows that the loans eligible from repayment were Stafford Loans (subsidized and unsubsidized), Federally Insured Student Loans, Auxiliary Loans to Assist Students, Supplemental Loans for Students, Consolidated Loan Program and SMART, William D. Ford Federal Direct Loan Program. State Student Loans were not eligible for SLRP. The contract would terminate at the end of his contractual obligation. a. Loans must be one year old or older on his first anniversary eligibility date to qualify for this program. Loans that fall into default at any time after his enlistment/reenlistment/extension will not be eligible for repayment. Loans that are in default at the time of his enlistment/reenlistment/extension will not be eligible for repayment. b. The portion that may be repaid annually on any qualifying loan(s) would not exceed 15 percent (not to exceed $3,000 per year) of the total of all loans or $500, whichever is greater. Payment would be processed on the anniversary date of his enlistment for each satisfactory year of service. 6. Section VI-Statement of Understanding of his SLRP Addendum states that each year (90 days before the individual’s anniversary date) they would be notified of the requirement to request payment on their loans(s). The individual was responsible for completing the request for payment in accordance with published guidance. 7. The applicant’s DA Form 2-1, Personnel Qualification Record, shows he was assigned to Company B, 76th STB-MI, Indiana on 9 November 2009. 9. The applicant was discharged from the INARNG on 20 February 2016 and transferred to the U.S. Army Reserve Control Group (Reinforcement). 10. The applicant provided a summary of his student loan account. This document shows that the applicant has a current balance of $35, 635.21. 11. On 28 August 2023, the National Guard Bureau (NGB) provided an advisory opinion. An NGB official recommended approval of the applicant's request. He stated, in effect: a. The applicant states that he never received SLRP payments for FY 2014 and 2015. b. Upon coordination with the INARNG, and a search of the Guard Incentive Management System (GIMS), it was determined that no loans were entered into GIMS. On 13 May 2013, there was a remark stating that INARNG notified the career counselor that the service member needed to submit the DD Form 2475, and National Student Loan Data System (NSLDS) for payments. It is further noted that in the documents tab for the main folder, there is a DD Form 2475, and a NSLDS form for 2012. Additionally, there are no documents under the SLRP folder. c. Upon further review, it appears there were no violations that would have withheld any of the incentives regarding the applicant. Also, there is no evidence of action being taken on the Soldier’s behalf to submit and process payments. Due to being outside the window for payments, the applicant needs to submit an ABCMR request to receive these payments through a closed year payment process. It has also been confirmed with Defense Finance and Accounting Service that no payments were made on this contract. Based on the information provided, it is the opinion of this office that the applicant should be paid for all missing payments. d. This opinion was coordinated with the INARNG. 12. On 29 August 2023 a copy of the advisory opinion was provided to the applicant for comment. He did not respond prior to the suspense date. 13. 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. 14. Title 10, U.S. Code, section 1552, the law which provides for the Board, states that The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or 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 to the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be. 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 – Chief Special Actions Branch advisory opinion, the Board concurred with the advising official finding that no loans were entered into GIMS. On 13 May 2013, there was a remark stating that INARNG notified the career counselor. The opine noted, there is no evidence of action being taken on the Soldier’s behalf to submit and process payments. Furthermore, the Board agreed the applicant should be paid for all missing payments. Based on the advisory opine, the Board agreed there was sufficient evidence to support payment of up $20,000.00 of his unpaid Army National Guard (ARNG) Student Loan Repayment Program (SLRP) incentive. 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 Department of the Army records of the individual concerned be corrected to show the applicant is authorized payment of up $20,000.00 of his unpaid Army National Guard (ARNG) Student Loan Repayment Program (SLRP) incentive through a closed year payment process. 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, U.S. Code, 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, U.S. Code, section 1552, the law which provides for the Board, states that "The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or 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 to the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be." 3. Army Regulation 15-185, Army Board for Correction of Military Records, 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004219 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1