IN THE CASE OF: BOARD DATE: 4 August 2023 DOCKET NUMBER: AR20220009930 APPLICANT REQUESTS: reinstatement of his Student Loan Repayment Program (SLRP) incentive for the remaining balance of $3,129.00 in student loan debt. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 5261-4-R (Student Loan Repayment Program Addendum), 10 December 1987 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 4 November 1988 * Orders Number D-12-514175, 12 December 1995 * DA Form 5016 (Chronological Statement of Retirement Points), 21 August 2022 * Federal Student Aid Loan 1 * Federal Student Aid Loan 2 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in pertinent part: a. His enlistment included a SLRP program addendum for tuition for attendance at the Universal Technical Institute (UTI) from 1988-1990. The total of all loans on this contract was $10,432.00 (4 loans of $2,608.00 each, 2 of which were Parent Loan for Undergraduate Students (PLUS) loans). He graduated from UTI with an associate degree and fulfilled his military obligation honorably. To date, he had only received $1,565.00 of those funds repaid. He is not looking for interest, or the amount due to his deceased mother, but he would request the Army to honor the contract and be paid the balance of 90 percent of the 2 loans, or $3,129.00. b. The reason he believes this repayment had fallen through the cracks is outlined in AR 621-202 (Army Educational Incentives and Entitlements), Chapter 6-3; "a. Commanders will ensure Soldiers contracting for the SLRP have been counseled by a service representative regarding the Soldier's obligations and responsibilities as cited on DA Form 5261-4 or ARNG addendum. b. Commanders should ensure the Soldier is aware that SLRP payments are taxable, and it is the Soldier's responsibility to - (1) Make arrangements for deferment or forbearance with lenders or note holders on loans which are falling due; and (2) Meet the requirements cited on DA Form 5261-4 or ARNG addendum yearly and initiate the request for loan." c. Upon reporting to his final duty station, he had received no such counseling, and when the loan forbearance ended and all loans had matured, he was responsible for the loans. When he presented this to the first sergeant (unit administrator for 229th Military Intelligence Company) he directed an underqualified, newly promoted sergeant (SGT) to assist with the counseling. The SGT knew nothing of the program, and the task of researching the program was left in the applicant's hands. He was able to locate and fill out the SLRP paperwork and get 5 signatures for each of the 4 loans (20 signatures total, annually) to be paid for the first of what should have been 6 payments. However, since he was now halfway through his active reserve period of 6 years, the last 2 years' SLRP payments were also not paid. Since this paperwork was recently rediscovered, per AR 621-202, Chapter 6-5(4); "Claims beyond 6 years will be processed through the Army Board for Correction of Military Records (ABCMR). 3. A review of the applicant's available service record reflects the following: a. On 10 December 1987, he enlisted in the U.S. Army Reserve (USAR). In conjunction with this enlistment DA Form 5261-4-R reflects: (1) Section III (Acknowledgement), states "I am a high school senior scheduled to enter on Initial Active Duty Training (IADT) within 270 days of the date of this enlistment." He contracted under Military Occupational Specialty (MOS) 76C (Equipment Records and Parts Specialist) and was approved for a maximum of $10,000.00 in loan repayments. (2) Section IV (Obligation), states "I have no previous military service. I am enlisting for (8) years in the Army National Guard (ARNG)/USAR. I agree to serve my initial (6) years in the Selected Reserve in the MOS I have indicated above. (3) Section V (Entitlements), states "The Government will repay a designated portion of any outstanding loan(s) I have secured since 1 October 1975 provided the loan is not in default. Such loan(s) must have been made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans)." (4) Section VII (Termination), states "I understand the terms of this agreement and my entitlement to loan repayment under the SLRP will be terminated if any of the following conditions occur, (3) separation from the Selected Reserve as an enlisted person for any reason, except when separated for a period of nonavailability authorized suspension." b. DD Form 214, ending 4 November 1988 was issued reflecting his completion of IADT and MOS training. He was released from active duty with an uncharacterized character of service. (1) Item 12 (Record of Service) reflects service from 20 June 1988 to 4 November 1988 with a net active service this period of 4 months and 15 days. (2) Item 14 (Military Education) reflection Equipment Records and Parts Specialist, 11 Weeks. c. On 12 December 1995, the U.S. Army Reserve Personnel Center issued Orders Number D-12-514175 honorably discharging him from the USAR, effective 12 December 1995. 4. The applicant provides the following: a. DA Form 5016, dated 21 August 2022 as supporting service records which reflect his service with the USAR from 10 December 1987 to 9 December 1995. b. Federal Student Aid Loan 1 which reflects a student loan balance of $2,608.00 with a disbursement date of 3 May 1989. c. Federal Student Aid Loan 2 which reflects a student loan balance of $2,608.00 with a disbursement date of 25 November 1988. 5. On 29 June 2023, the Office of the Deputy Chief of Staff, G-1, Chief, Incentives Budget Branch Enlisted Accessions Division provided an advisory opinion recommending disapproval of the applicant's request stating, in effect: a. This office does not recommend relief for the applicant's request. The applicant provided insufficient evidence of an error or injustice to additional SLRP payments. b. They reviewed the applicant's records in coordination with the USAR Incentives Program Manager Accessions Management Branch. USAR confirms SLRP payments were generated for 2 student loans on the applicant's records during his term of service (see attached USAR documents). c. Included with the advisory are the following documents as evidence of the payments made to his student loans: * Administration Data Sheet * DA Form 5261-4-R, dated 10 December 1987 * USAR Loan Repayment Program, Payment Worksheet * Arizona Educational Loan Program Application and Promissory Note for a PLUS/SLS Loan * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 24 October 1990 * Reserve Component Automated Pay System Support Student Loan Repayment Program Work Copy, dated 16 November 1990 * Student Loan Individual Change Sheet * DD Form 2475 (Department of Defense (DoD) Loan Repayment Program (LRP)), dated 11 October 1990 * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 6 March 1992 * Reserve Component Automated Pay System Support (RCAPSS) Student Loan Repayment Program Work Copy, dated 6 March 1992 * RCAPSS Student Loan Individual Select, dated 9 February 1991 * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 6 May 1993 * Student Loan Repayment Program Listing, dated 10 June 1993 * Arizona Educational Loan Program Application and Promissory Note for a PLUS/SLS Loan * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 4 January 1991 * RCAPSS Student Loan Individual Select, dated 9 December 1989 * RCAPSS Student Loan Individual Select, dated 9 December 1990 * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 6 March 1992 * RCAPSS Student Loan Repayment Program Work Copy, dated 6 March 1992 * RCAPSS Student Loan Individual Select, dated 9 December 1991 * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 6 May 1993 * RCAPSS Student Loan Repayment Program Work Copy, dated 6 May 1993 * Student Loan Repayment Program Listing, dated 18 June 1993 * Reserve Pay Office Memorandum for Student Loan Repayment Processing Procedures, dated 8 November 1993 * Student Loan Work Copy, dated 8 November 1993 * Student Loan Repayment Program Listing, dated 9 November 1993 * Student Loan Individual Add, dated 9 December 1993 6. On 6 July 2023, the applicant was provided with a copy of the advisory opinion to provide a response. As of 20 July 2023, he did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant's contentions, military record, and regulatory guidance. Evidence of record shows that the applicant signed an enlistment contract, qualified for two SLRP loans and received bonus control/account numbers accordingly. Additional documentation shows SLRP payments were generated for 2 student loans on the applicant's records during his term of service. There is insufficient evidence showing that the applicant was eligible for or received any further repayment through the student loan program. Based on the documentation available for review, the Board determined the evidence presented insufficient to warrant a recommendation for 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 Board determined 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 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, 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. AR 621-202 (Army Educational Incentives and Entitlements) states in chapter 6-2 (Eligibility) to be eligible for the SLRP incentive, a Soldier must contractually obligate himself or herself to serve satisfactorily per AR 135–91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions). A Soldier must serve in the Selected Reserve for the full term of the contractual agreement. Executes a DA Form 5261-4. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009930 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1