IN THE CASE OF: BOARD DATE: 14 February 2023 DOCKET NUMBER: AR20220003368 APPLICANT REQUESTS: payment of his Regular Army Loan Repayment Program (LRP) incentive. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), 24 October 2008 * DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delay Entry Program), Annex A, 24 October 2008 * DA Form 3286, Annex B, 12 November 2008 * Montgomery GI Bill (MGIB) Act of 1984, 12 November 2008 * DD Form 4, 14 June 2012 * DA Form 3286, Annex A, 14 June 2012 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 22 October 2017 * DA Form 5016 (Chronological Statement of Retirement Points), 25 October 2022 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 that his student loans were never paid as required by his original contract; despite providing promissory notes at basic training and at Fort Campbell, KY. He served for over 9 years, deployed twice, and is 90 percent disabled. He attempted to apply for loan forgiveness, but was informed this was his only available option. 3. The applicant's service record shows: a. On 12 November 2008, the applicant enlisted in the Regular Army to attend the U.S. Army Officer/Warrant Officer Enlistment Program. In conjunction with this enlistment DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delay Entry Program), Annex A, was completed showing: (1) The applicant enlisted for the LRP incentive and only certain loans qualified (Auxiliary Loan Assistance for Students, Federally Insured Student Loans, Guaranteed Student Loans or Stafford Loans, National Direct Student Loans or Perkins Loans, Supplemental Loans for Students, Consolidated loans (in soldiers name), Parent Loans for Undergraduate Students (PLUS loans) Incurred for the use of individual contracting for LRP. (b) He understood he must disenroll from the GI Bill to qualify for the LRP. In a subsequent DD Form 2366 (Montgomery GI Bill Act of 1984) the applicant disenrolled from the GI Bill. He continued service through reenlistments. b, The applicant served through multiple extensions or reenlistments, in a variety of assignments, including Afghanistan from May 2013 to February 2014, and attained the rank of staff sergeant/E-6. c. Orders Number 153-0004 issued by the Installation Management Command - Europe, dated 2 June 2017, reassigned the applicant to Wiesbaden Transition Center with a discharge date of 22 October 2017. d. DD Form 214, ending on 22 October 2017, shows the applicant was honorably separated from active duty in accordance with chapter 4 of Army Regulation (AR) 635- 200 (Active Duty Enlisted Administrative Separations) due to completion of his required active service. He was transferred to a Troop Program Unit in the U.S. Army Reserve (USAR). He completed 8 years, 11 months, and 11 days. e. DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 14 December 2022, found the applicant physically unfit and recommended permanent disability retirement at 70 percent. f. DA Form 5016, dated 22 December 2022, shows the applicant's completed 14 qualifying years of service for retirement. g. Orders Number D 357-33 issued by Headquarters, U.S. Army Physical Disability Agency, dated 23 December 2022, placed the applicant on the retired list, effective 22 February 2023. 4. The applicant provides: a. DA Form 3286, Annex A, dated 24 October 2008, shows the applicant was scheduled to enlist in the Regular Army on 12 November 2008. He enlisted for 8 years of which 3 years was considered an Active Duty obligation. He enlisted under Program 9D (U.S. Army Officer/Warrant Officer Enlistment Program), Option 11 and Program 9C (U.S. Army Incentive Enlistment Program, Loan Repayment Program), Option 027 as military occupational specialty (MOS) 09S (Commissioned Officer Candidate). He understood: (1) Item 3a that failure to complete the training specified above, failure to obtain the required security clearance, failure to successfully complete any phase of training, or otherwise become disqualified for commission/ appointment, he would be required to complete the 3-year term of enlistment in accordance with the needs of the Army in an enlisted status. (2) Item 4c that failure, through his own fault, to meet any of the established prerequisites for the Nuclear Surety Programs or the required security clearances or fail to meet or maintain required medical, physical, professional, or other suitability standards for training or retention in accordance with his enlistment contract, he would be trained and assigned in accordance with the needs of the Army and required to complete his term of enlistment. He acknowledged that if he became disqualified for the enlistment program due to personal conduct or withholding of information, he would be retained and required to complete his term of enlistment in accordance with the needs of the Army. (3) Item 4f that to be eligible for a commission or appointment as a Warrant Officer, he had to successfully complete the course for which he enlisted. (4) Item 4o that he had to disenroll from the MGIB, at the time he entered on active duty, in order to qualify for the LRP. He would be ineligible for the LRP and automatically enrolled in the MGIB if he failed to complete the disenrollment portion. (5) Item 4s that enlistment for the LRP ensured that, if he met and maintained the prescribed prerequisites, 33? percent or $1,500.00 of the unpaid principal balance would be repaid for each year of service completed. (6) Item 4t that repayment would only be made after each successful year of active duty commencing on the date of his enlistment in the Regular Army. (7) Item 4dd that under the Loan Repayment Program, the Army would not repay student loans in excess of $65,000.00. He would be required to make all interest payments of his student loan during his enlistment. In addition, he had to bring copies of his student loan promissory notes when he reported to the Military Entrance Processing Station for active duty. b. DA Form 3286, Annex A, dated 14 June 2012, shows the applicant reenlisted in the Regular Army in accordance with needs of the Army. 5. In the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command (HRC), Education Incentives Branch, on 28 November 2022. The advisory official recommended denial of the applicant’s request and stated: a. Recommend disapproval of [Applicant’s] request to have the Regular Army Loan repayment Program (RA LRP) make payments towards his Student Loans incurred before he entered the Regular Army. He is not eligible for any RA LRP incentive option payments because he did not meet the terms required by this program, per his enlistment contract. b. Applicant enlisted into the Regular Army on 24 October 2008 and attended Basic Training from 24 November 2008 until 20 February 2009. He was scheduled to attend Officer Candidate School (OCS) but did not show for the first class reserved on 23 February 2009. He was rescheduled to attend OCS on 27 April 2009 but did not attend for a second time. He was rescheduled for OCS a third time on 18 May 2009. The applicant attended the OCS course, but did not complete the program, per his DA Form 3286 (Annex B) enlistment contract. He was reclassed to a 27D, which was not an MOS authorized to receive the RA LRP. This makes him ineligible for RA LRP, per Chapter 190, § 2171 of 10 US Code (2006); DODI 1304-36 (effective 12 Sep 2018); and Chapter 5 of Army Regulation 621-202 (effective 26 Sep 2017). Reference highlighted paragraphs 2b on page two, 3e on page three and 3q on page four of Enclosure One (Enlistment Contract, DA Form 3286, Annex B). c. Although the RA LRP is unavailable to the applicant, his military service may make him eligible for other types of assistance. Reference Enclosure two containing numerous agencies that may assist. 6. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. On 14 December 2022, he stated that information outlined in the advisory opinion was incorrect. a. He was originally scheduled to attend OCS, but was unable due to an injury and personal matters. He was unaware of the multiple scheduling dates mentioned in the advisory opinion. b. Instead of completing OCS, he was given the option to reclassify to another MOS, in which he chose MOS 27D. When he reclassed, he was not informed that he was no longer eligible for the Regular Army LRP. Had he been counseled about his eligibility, he would have requested to be released from his contract to return to civilian life. At no time during his reclassification consideration was he counseled about or referred to any of the references listed in advisory opinion. c. He provided his Reenlistment Contract, dated 14 June 2012, which was signed after his deployment to Iraq. Prior to his deployment, he extended his contract to deploy with his unit to Iraq; which did not apply to his initial reclassification to 27D or his initial enlistment. The only mention that his decision in 2009 invalidated him from the Regular Army LRP was in the advisory opinion. d. At the time of his request, he was rated at 90 percent through the Department of Veterans Affairs. He was also pending a Medical Evaluation Board while in the USAR and had four surgeries due to injuries incurred while in service. e. He requests that his application be approved and the appropriate payments be made towards his student loans. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the advisory official’s finding that the applicant is not eligible for any Regular Army LRP incentive option payments since he did not meet the required terms of his enlistment contract. He enlisted in the Regular Army on 24 October 2008 and attended Basic Training from 24 November 2008 to 20 February 2009. He was scheduled to attend OCS on 23 February 2009 and on 27 April 2009 but failed to attend either course. On 18 May 2009, he was rescheduled for OCS. He attended the course but did not complete the program. He was reclassified to MOS 27D (Paralegal Specialist); which was not MOS authorized to receive the Regular Army LRP incentive. The Board determined relief is not warranted. ? 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 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 three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, USC, Section 2171 (Education loan repayment program: enlisted members on active duty in specified military specialties) states under: a. Paragraph (a). (1) The Secretary of Defense may repay: * Any loan made, insured, or guaranteed under part B of Title IV of the Higher Education Act of 1965 * Any loan made under part D * Any loan made under part E * Any loan incurred for educational purposes made by a lender that is * An agency or instrumentality of a State * A financial or credit institution that is subject to examination and supervision by an agency of the U.S. or any State * A pension fund approved by the Secretary for purposes of this section * A non-profit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. (2) Repayment of any such loan would be made on the basis of each complete year of service performed by the borrower. (3) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. b. Paragraph (b). The portion or amount of a loan that may be repaid under was 33? percent or $1,500.00, whichever is greater, for each year of service. c. Paragraph (c). If a portion of a loan is repaid for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. 3. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) states in paragraph 9-9 LRP Incentive Option. ( a ) Open to Non-Prior Service applicants only. Not authorized for days of service applicants, except as described in Headquarters Department of the Army (HQDA) message. (b) Soldier must disenroll from the MGIB or the Post 9–11 GI Bill. (c) The Army is authorized to repay— 1. Any loan made, insured, or guaranteed under the Federal Family Education Loan Program (20 USC 1071); 2. Any loan made, insured, or guaranteed under the William D. Ford Federal Direct Loan Program (20 USC 1087a); 3. Any loan made, insured, or guaranteed under the Federal Perkins Loans (20 USC 1087aa); or 4. Any loan incurred for educational purposes made by a lender that is— a. An agency or instrumentality of a State. b. A financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State. c . From a pension fund or nonprofit private entity (subject to case by case review and approval by HQDA (d) Provided the applicant meets and maintains the prescribed prerequisites and has qualifying loans in good standing, accepting the LRP ensures that the portion or amount of loan that may be repaid is $1500 or 1/3 of the amount of the qualifying loans, whichever is greater for every year of service. The Army does not pay interest or fees or reimburse Soldiers for payments already made on loans. (e) Repayment is made only after each successful year of Active Duty performed commencing on the date of RA enlistment or commissioning. (f) The Soldier must be advised that repayment amounts paid by the Government are subject to Federal and State income taxes as taxable income each year that payment is made. (g) Soldiers must remain qualified and in the incentive MOS for the duration of the initial enlistment, unless otherwise directed by HQDA. Change of MOS because of normal career progression is authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003368 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1