IN THE CASE OF: 

		BOARD DATE: 18 April 2023

		DOCKET NUMBER: AR20220005238


APPLICANT REQUESTS:  payment of the Fiscal Year 2014 and Fiscal Year 2015 
portion of his Student Loan Repayment Program (SLRP) incentive in the New York 
Army National Guard. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Online DD Form 149
*	Enlistment/Reenlistment Agreement, Army National Guard (ARNG) 
*	ARNG Retirement Points – Current Annual Statement
*	2020 Annex R (Reenlistment/Extension Bonus Addendum)
*	2022 Order to active duty
*	DD Form 214, Certificate of Release or Discharge from Active Duty), 22 February 
2022

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 “Non-payment of SLRP for FY14 and FY15. I understand that 
they are Close Year Payments” and “Contract Obligation.” 

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the NYARNG on 8 September 2014. In connection with this 
enlistment, he signed Annex E (Non-Prior Service Bonus Addendum) and Annex L 
(Student Loan Repayment Program (SLRP) Addendum). 

	b.  Annex L shows he was enlisting in a critical vacancy in the grade of E-4 and 
below in a military occupational specialty that matches an authorized grade and skill 
with the position he was enlisting. 
*	He was enlisting in military occupational specialty 92F, Petroleum Supply 
Specialist, for assignment to Company B, 642nd Support Battalion 
*	He has furnished his SLRP supporting documents to the State 
Incentives/SLRP Manager and received pre-approval memo to validate his 
eligibility for the 09S SLRP incentive 
*	He has 14 disbursed loans existing in the amount of $40,250 and the total 
amount of repayment for qualifying loans will not exceed $50,000 with annual 
repayment of 15% of the balance plus accrued interest or $500 plus accrued 
interest, whichever is greater

	c.  He entered active duty for training from 30 December 2014 to 28 May 2015 and 
completed training for award if MOS 92F. 

	d.  He also served on active duty from 7 August 2015 to 30 September 2016 (Title 
32, U.S. Code, section 502) 

	e.  On 22 January 2020, he executed a 6-year extension in the ARNG. He then 
entered active duty from 28 March 2020 to 22 January 2021 (ARNG Response to 
COVID 19) and from 23 January 2021 to 20 July 2021. 

	f.  He entered active duty for training on 16 January 2022 and completed Warrant 
Officer Candidate School, 5 weeks. He was honorably released from active duty for 
training and discharge from the Reserve of the Army and Return to the ARNG on 22 
February 2022. 

	g.  Although an NGB Form 22 (Report of Separation and Record of Service) is not 
available for review, other evidence shows he was separated from his enlisted status in 
the ARNG on or about 22 February 2022. 

	h.  He was appointed as a Reserve warrant officer of the NYARNG and executed an 
oath of office on 23 February 2022. He completed the Petroleum Technician Warrant 
Officer Basic Course from 18 April to 28 June 2022. 

	i.  On 1 August 2022, the National Guard Bureau published Special Orders 42 AR 
extending him Federal recognition for MOS change from 001A to 923A 
commissioned officer of the 

4.  There are no documents in his records or provided by him to explain the reasons for 
non-payment of his SLRP incentive as stipulated in his SLRP Annex. 

5.  An advisory opinion was received on 11 April 2023 from the National Guard Bureau 
(NGB). An NGB advisory official recommended approval and stated: 

	a.  The applicant is requesting to receive Student Loan Repayment Plan (SLRP) 
payments for Fiscal Years (FY) 14 and 15. He states that he did not receive SLRP 
payments for FY14 and FY15 and that he understands they are closed years. He had 
enlisted in the NYARNG on 8 September 2014, signed an SLRP addendum and fulfilled 
his enlistment contract. Upon a search of his records, there is no indication of him 
receiving any loan repayments nor any reasons for disqualifying him from the SLRP 
benefit.

	b.  The NYARNG concurs with the recommendation to approve the applicant’s 
request for payment of his overdue SLRP for Fiscal Years 2014 and 2015, provided the 
Soldier and the outstanding loans have remained in good standing. This office 
recommends approval of his request and that he submit a closed year packet for 
qualified loans for FY14 and FY15 in good standing once ABCMR determination has 
been made. The NYARNG concurs with this recommendation.

6.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to respond/provides comments. 

7.  The ARNG Selected Reserve Incentive Program (SRIP) Policy for Fiscal Year 2014 
authorizes the payment for SLRP/09S contracts issued, not to exceed $50,000 with 
annual repayments to include interest not exceeding $7,500, as established by law. The 
ARNG will not make a direct payment to an Officer/Soldier to include reimbursement for 
payment(s) made by the Officer/Soldier, another individual, or an agency. All SLRP 
payments are only made to financial institutions.

BOARD DISCUSSION:

1 After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that the applicant is requesting to receive SLRP payments for FY14 and 
FY15. He had enlisted in the NYARNG on 8 September 2014, signed an SLRP 
addendum and fulfilled his enlistment contract. The Board reviewed and agreed with the 
advisory official’s finding that there is no indication of him receiving any loan 
repayments nor any reasons for disqualifying him from the SLRP benefit. The Board 
determined an error occurred and recommended approval of the applicant’s request for 
payment of his overdue SLRP for Fiscal Years 2014 and 2015, provided he and the 
outstanding loans have remained in good standing. 
?
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 that the evidence presented was sufficient to warrant a 
recommendation for relief. As a result, the Board recommends that all Department of 
the Army and Army National Guard records of the individual concerned be corrected by:

*	showing he timey submitted the appropriate forms for payment of his SLRP 
incentive for Fiscal Years 2014 and 2105
*	showing the National Guard Bureau timely received, approved, and processed 
payment for his loans, provided the applicant and the outstanding loans have 
remained in good standing

	 
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.  The Army National Guard Selected Reserve Incentive Program Policy for Fiscal Year 
2014 assists leadership in meeting ARNG readiness requirements. It provides recruiting 
and retention incentives to assist in filling critical shortages in situations where other 
less costly methods have proven inadequate in supporting unit and skill staffing 
requirements. The policy applies to individuals entering or currently serving in an active 
status within the ARNG Selected Reserve. Non-prior Service are authorized up to $50K 
(inclusive of interest) of Student Loan Repayment Program (SLRP). Minimum six-year 
commitment in an active status, Skill Level 1, ASVAB TSC I-IIIA, and Education Tier 
Level 1. Must have authorized pre-existing loans and a GIMS SLRP pre-approval 
memorandum prior to MEPS arrival. 

	a.  Must have one or more qualifying and disbursed Title IV Federal loans that are 
not in default at the time of enlistment, affiliation, or reenlistment/extension. Federal 
Parent Loans for Undergraduate Students (PLUS loans) are eligible for repayment as 
long as the Soldier is the borrower, and the loan(s) are in the Soldier's name. State and 
private loans are not eligible for repayment under the SLRP.

	b.  Loan disbursement(s) must have been disbursed prior to the date of affiliation, 
enlistment, or reenlistment/extension in order to be eligible and must be at least 1 year 
old on the anniversary date of the contract (unless adjusted for authorized
period of non-availability). 

	c.  Must reenlist/extend for 6 years within the authorized extension window 
established by the SRIP policy without a break in service from the original SLRP 
contract start date.

	d.  Payments for SLRP/09S contracts issued under this policy will not exceed 
$50,000 with annual repayments to include interest not exceeding $7,500, as 
established by law. The ARNG will not make a direct payment to an Officer/Soldier to 
include reimbursement for payment(s) made by the Officer/Soldier, another individual, 
or an agency. All SLRP/09S/CLRP payments are only made to financial institutions.

	e.  Anniversary SLRP/09S payment(s) will not exceed 15 percent or $500 
(whichever is greater) of the initial disbursed amounts that were approved upon the 
contract signature date, plus accrued interest. Payment(s) on loans having outstanding 
balances that are less than the maximum yearly repayment amount will be eligible for 
that amount only. Loan(s) that have zero balances will not be eligible for payment. 
When processing multiple FY payments, the accrued interest may only be applied to the 
current FY payment. If the annual cap for the current FY payment has been reached 
prior, the accrued interest may not be applied to any of the remaining FY payments.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005238


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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